STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

100th Legislature

REGULAR SESSION OF 2019

House Chamber, Lansing, Wednesday, May 22, 2019.

1:30 p.m.

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—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—excused 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

Rev. Joshua Hossler, Lead Pastor of Evident Church in Chesterfield, offered the following invocation:

“Heavenly Father,

I thank You for these women and men who have given their lives to public service. Thank You for their tireless hours, thankless days, and continuous hard work for the greater good of our great state. I pray You will bless them for their efforts and give them the strength they need for what You have called them to.

In these hours, we pray for supernatural unity among this body of leaders, because when we come together we truly are better.

We pray for genuine love because we know hatred divides but love unifies.

We pray for selflessness and humility, because pride and selfishness will be our downfall.

We pray for courage, because to lead requires at times that we stand alone.

We pray for wisdom, because we recognize in and of ourselves we do not have all the answers. We need You.

We pray that You will continue to lead us into a greater future of justice, freedom, and well-being for everyone. And above all a future that turns more of our hearts toward each other and toward You.

We thank You for Your constant undeserved grace, guidance, and unending love.

We pray all of this in Your Son’s name, amen!”

______

The Speaker assumed the Chair.

______

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

The motion prevailed.

Third Reading of Bills

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.

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

Roll Call No. 95 Yeas—105

Afendoulis Frederick Kahle Reilly

Alexander Garrett Kennedy Rendon

Anthony Garza Koleszar Sabo

Bellino Gay-Dagnogo Kuppa Schroeder

Berman Glenn LaFave Shannon

Bolden Green LaGrand Sheppard

Bollin Greig Lasinski Slagh

Brann Griffin Leutheuser Sneller

Brixie Guerra Liberati Sowerby

Byrd Haadsma Lightner Stone

Calley Hall Lilly Tate

Cambensy Hammoud Love VanSingel

Camilleri Hauck Maddock VanWoerkom

Carter, B. Hernandez Manoogian Vaupel

Carter, T. Hertel Marino Wakeman

Chatfield Hoadley Markkanen Warren

Cherry Hoitenga Meerman Webber

Chirkun Hood Miller Wendzel

Clemente Hope Mueller Wentworth

Cole Hornberger Neeley Whiteford

Coleman Howell O’Malley Whitsett

Crawford Huizenga Pagan Wittenberg

Eisen Iden Paquette Witwer

Elder Johnson, C. Peterson Wozniak

Ellison Johnson, S. Pohutsky Yancey

Farrington Jones Rabhi Yaroch

Filler

Nays—3

Albert Allor Lower

In The Chair: Chatfield

The question being on agreeing to the title of the bill,

Rep. Cole moved to amend the title to read as follows:

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117 and 500 (MCL 208.1117 and 208.1500), section 117 as amended by 2011 PA 292 and section 500 as amended by 2016 PA 426; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

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.

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

Roll Call No. 96 Yeas—106

Afendoulis Frederick Kennedy Rendon

Alexander Garrett Koleszar Robinson

Anthony Garza Kuppa Sabo

Bellino Gay-Dagnogo LaFave Schroeder

Berman Glenn LaGrand Shannon

Bolden Green Lasinski Sheppard

Bollin Greig Leutheuser Slagh

Brann Griffin Liberati Sneller

Brixie Guerra Lightner Sowerby

Byrd Haadsma Lilly Stone

Calley Hall Love Tate

Cambensy Hammoud Maddock VanSingel

Camilleri Hauck Manoogian VanWoerkom

Carter, B. Hernandez Marino Vaupel

Carter, T. Hertel Markkanen Wakeman

Chatfield Hoadley Meerman Warren

Cherry Hoitenga Miller Webber

Chirkun Hood Mueller Wendzel

Clemente Hope Neeley Wentworth

Cole Hornberger O’Malley Whiteford

Coleman Howell Pagan Whitsett

Crawford Huizenga Paquette Wittenberg

Eisen Iden Peterson Witwer

Elder Johnson, C. Pohutsky Wozniak

Ellison Johnson, S. Rabhi Yancey

Farrington Jones Reilly Yaroch

Filler Kahle

Nays—3

Albert Allor Lower

In The Chair: Chatfield

The House agreed to the title of the bill.

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

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

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.

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

Roll Call No. 97 Yeas—106

Afendoulis Frederick Kennedy Rendon

Alexander Garrett Koleszar Robinson

Anthony Garza Kuppa Sabo

Bellino Gay-Dagnogo LaFave Schroeder

Berman Glenn LaGrand Shannon

Bolden Green Lasinski Sheppard

Bollin Greig Leutheuser Slagh

Brann Griffin Liberati Sneller

Brixie Guerra Lightner Sowerby

Byrd Haadsma Lilly Stone

Calley Hall Love Tate

Cambensy Hammoud Maddock VanSingel

Camilleri Hauck Manoogian VanWoerkom

Carter, B. Hernandez Marino Vaupel

Carter, T. Hertel Markkanen Wakeman

Chatfield Hoadley Meerman Warren

Cherry Hoitenga Miller Webber

Chirkun Hood Mueller Wendzel

Clemente Hope Neeley Wentworth

Cole Hornberger O’Malley Whiteford

Coleman Howell Pagan Whitsett

Crawford Huizenga Paquette Wittenberg

Eisen Iden Peterson Witwer

Elder Johnson, C. Pohutsky Wozniak

Ellison Johnson, S. Rabhi Yancey

Farrington Jones Reilly Yaroch

Filler Kahle

Nays—3

Albert Allor Lower

In The Chair: Chatfield

The House agreed to the title of the bill.

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

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Wittenberg, Berman, Crawford, Ellison, Garza, Haadsma, Kuppa, Lasinski, Sowerby and Warren offered the following resolution:

House Resolution No. 108.

A resolution to support the United States’ relationship with the State of Israel and the Middle East peace process and to call on the President and Congress of the United States to continue policies supporting this relationship.

Whereas, As a nation and a people, Israel exemplifies the essence of the will to live and achieve, courage and perseverance in the face of many obstacles, and dedication to democracy and heritage; and

Whereas, Israel and the United States are key allies bound closely by historic and cultural ties, shared values, and governments committed to democracy, justice, human rights, and freedoms, as well as by mutual interests including science, politics, bilateral counterterrorism, and education; and

Whereas, Since Israel’s founding in 1948, Congress has repeatedly expressed the United States’ unwavering commitment to the security of Israel as a Jewish and democratic state through economic and security assistance and partnerships and other actions; and

Whereas, Supporting the U.S.-Israel relationship is a bipartisan issue, as the continuation and strengthening of that relationship is clearly in our nation’s best national interest; and

Whereas, Cooperation between Israel and the United States is of great importance, especially in the context of rising anti-Semitism, authoritarianism, and security problems in Europe, the Middle East, and North Africa; and

Whereas, American policy has long sought peace to the Middle East and recognized that both the Israeli and Palestinian people should be able to live in safe and sovereign states, free from fear and violence, with mutual recognition; and

Whereas, The state of Michigan shares this commitment to a strong relationship with Israel. In January 2017, Michigan became the 16th state to enact laws condemning and outlawing discrimination against Israel and Israelis. The state and organizations within the state have made efforts to strengthen business ties between Michigan’s automotive and defense industries and Israel’s innovation and technical expertise; and

Whereas, Additional programs and partnerships between Michigan’s and Israel’s institutions and residents continue to benefit both parties. Michigan universities, such as the University of Michigan, have partnered with universities in Israel, including Ben Gurion University in the Negev and Technion Institute of Technology, to support and foster research, innovation, and collaboration. Programs have consistently brought members of the Michigan Jewish community to Israel and Israelis to Michigan to create new relationships and strengthen Jewish identity; and

Whereas, The potential for greater cooperation with Israel for the benefit of Michigan is unlimited but depends on continuing and strengthening the relationship between the United States and Israel; now, therefore, be it

Resolved by the House of Representatives, That we encourage continuing support for the relationship of the United States and Michigan to Israel, the Middle East peace process, and Israel’s right to exist and defend itself; and be it further

Resolved, That we call on the President and Congress of the United States to continue the mutually beneficial, bipartisan policies which enhance the economic stability and security of the State of Israel; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Government Operations.

Reps. Kennedy, Brixie, Hope, Koleszar, Pohutsky, Camilleri, Pagan, Guerra, Manoogian, Elder, Hoadley, Cherry, Tyrone Carter, Ellison, Liberati, Yancey, Lasinski, Witwer, Stone, Bolden, Kuppa, Brenda Carter, Hood, Love, LaGrand, Whitsett, Anthony, Garza, Haadsma, Sabo, Sneller, Sowerby and Warren offered the following resolution:

House Resolution No. 109.

A resolution to declare May 22, 2019, as Equal Rights Advocacy Day in the state of Michigan.

Whereas, The state of Michigan supports equal rights for all who live, study, work, and visit our Great Lakes state; and

Whereas, The Michigan Constitution does not explicitly guarantee that all rights it protects are held equally by all without regard to gender; and

Whereas, Laws prohibiting gender discrimination that exist today can be repealed or reduced by a simple majority in the legislature; and

Whereas, Michigan ratified the federal Equal Rights Amendment on May 22, 1972, and yet still does not have gender equality guaranteed in its own state constitution; and

Whereas, Thirty-seven of the 38 states ratified the Equal Rights Amendment. Without ratification, the United States Constitution fails to guarantee female citizens equal rights and equal justice; and

Whereas, An Equal Rights Amendment would help correct systemic gender discrimination that is widespread and pervasive; and

Whereas, Many women have dedicated their entire lives for a constitutional amendment affirming that women had equal rights and protections under the United States Constitution; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 22, 2019, as Equal Rights Advocacy Day in the state of Michigan.

The resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

The Committee on Financial Services, by Rep. Farrington, Chair, reported

House Resolution No. 101.

A resolution to urge the U.S. Congress to enact legislation preventing federal regulators from sanctioning depository institutions for providing financial services to legitimate marijuana-related businesses in states where marijuana has been legalized.

(For text of resolution, see House Journal No. 47, p. 562.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Schroeder, Sheppard, Bellino, Berman, Wakeman, Gay-Dagnogo, Wittenberg, Clemente, Stone and Whitsett

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, May 22, 2019

Present: Reps. Farrington, Schroeder, Sheppard, Bellino, Berman, Wakeman, Gay-Dagnogo, Wittenberg, Clemente, Stone and Whitsett

The Speaker laid before the House

House Resolution No. 101.

(For text of resolution, see House Journal No. 47, p. 562.)

(The resolution was reported by the Committee on Financial Services on May 22.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4444, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 11 (MCL 15.241), as amended by 2014 PA 563.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4445, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 4 (MCL 15.234), as amended by 2018 PA 523.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4434, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 227 (MCL 750.227), as amended by 1986 PA 8.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Guerra moved to amend the bill as follows:

1. Amend page 2, line 6, after “(4)” by striking out “or (6)”.

2. Amend page 2, line 10, by striking out all of subsections (4) to (6) and inserting:

“(4) A person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, if all of the following apply:

(a) The person’s concealed pistol license issued under section 5b of 1927 PA 372, MCL 28.425b, expired not more than 1 year before the date of the violation.

(b) The person is eligible to obtain a concealed pistol license under section 5b of 1927 PA 372, MCL 28.425b.

(c) The violation is the person’s first or second violation that occurs during the 1-year period described in subdivision (a).”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 4331, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2018 PA 272.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4407, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8512 (MCL 600.8512), as amended by 2014 PA 384.

The bill was read a second time.

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

The motion prevailed.

______

Rep. Whiteford 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 Tuesday, May 21:

House Bill Nos. 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629 4630 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, May 22:

Senate Bill Nos. 340 341 342

The Clerk announced that the following Senate bills had been received on Wednesday, May 22:

Senate Bill Nos. 184 192 193 200 282 283

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Crawford, Chair, referred

House Bill No. 4223, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 93 and sections 9307 and 9321 (MCL 333.9307 and 333.9321), and by adding sections 9312 and 9316.

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

Favorable Roll Call

To Refer:

Yeas: Reps. Crawford, Rendon, Hoitenga, Wozniak, Brenda Carter and Cynthia Johnson

Nays: Rep. Meerman

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

The Committee on Families, Children, and Seniors, by Rep. Crawford, Chair, referred

House Bill No. 4406, entitled

A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 7b (MCL 722.1027b), as added by 2014 PA 530.

to the Committee on Ways and Means.

Favorable Roll Call

To Refer:

Yeas: Reps. Crawford, Rendon, Hoitenga, Meerman, Wozniak, Brenda Carter and Cynthia Johnson

Nays: None

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 22, 2019

Present: Reps. Crawford, Rendon, Hoitenga, Meerman, Wozniak, Garrett, Brenda Carter and Cynthia Johnson

Absent: Rep. Liberati

Excused: Rep. Liberati

The Committee on Local Government and Municipal Finance, by Rep. Lower, Chair, referred

House Bill No. 4209, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44 (MCL 211.44), as amended by 2012 PA 482.

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

Favorable Roll Call

To Refer:

Yeas: Reps. Lower, Marino, Crawford, Calley, Howell, Eisen, Meerman, Paquette, Ellison, Sowerby, Garza, Hope and Kuppa

Nays: None

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

The Committee on Local Government and Municipal Finance, by Rep. Lower, Chair, referred

House Bill No. 4408, entitled

A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 27 (MCL 123.1157).

to the Committee on Ways and Means.

Favorable Roll Call

To Refer:

Yeas: Reps. Lower, Marino, Crawford, Calley, Howell, Eisen, Meerman, Paquette, Ellison, Sowerby, Garza, Hope and Kuppa

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government and Municipal Finance, was received and read:

Meeting held on: Wednesday, May 22, 2019

Present: Reps. Lower, Marino, Crawford, Calley, Howell, Eisen, Meerman, Paquette, Ellison, Sowerby, Garza, Hope and Kuppa

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 22, 2019

Present: Reps. Afendoulis, Lower, Vaupel, Webber, Farrington, Steven Johnson, Hall, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski, Robinson and Whitsett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 22, 2019

Present: Reps. Calley, Sheppard, Hornberger, Marino, Paquette, Guerra and Hope

Messages from the Senate

House Bill No. 4066, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” (MCL 29.1 to 29.33) by adding section 3d.

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.

House Bill No. 4067, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4h.

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.

Senate Bill No. 184, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17905 and 17906 (MCL 333.17905 and 333.17906), as amended by 2015 PA 166.