No. 4

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Wednesday, January 15, 2020.

 

1:30 p.m.

 

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              Jones—present             Reilly—present

Albert—present             Frederick—present        Kahle—present             Rendon—present

Alexander—present        Garrett—present           Kennedy—present        Robinson—excused

Allor—present               Garza—present             Koleszar—present         Sabo—present

Anthony—present          Gay-Dagnogo—excused Kuppa—present            Schroeder—present

Bellino—present            Glenn—present             LaFave—present           Shannon—present

Berman—present           Green—present             LaGrand—present         Sheppard—present

Bolden—present            Greig—present             Lasinski—present         Slagh—present

Bollin—present              Griffin—present           Leutheuser—present     Sneller—present

Brann—present              Guerra—present           Liberati—present          Sowerby—present

Brixie—present              Haadsma—present        Lightner—present         Stone—present

Byrd—present               Hall—excused              Lilly—present              Tate—present

Calley—present             Hammoud—present      Love—present              VanSingel—present

Cambensy—present        Hauck—present            Lower—present            VanWoerkom—present

Camilleri—present         Hernandez—present      Maddock—present        Vaupel—present

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

Carter, T.—present         Hoadley—present         Marino—present           Warren—present

Chatfield—present         Hoitenga—present        Markkanen—present     Webber—present

Cherry—present             Hood—present             Meerman—present        Wendzel—present

Chirkun—present           Hope—present             Miller—present            Wentworth—present

Clemente—present         Hornberger—present     Mueller—present          Whiteford—present

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

Coleman—present          Huizenga—present        Pagan—excused           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                                                                               

 

 

e/d/s = entered during session

Pastor Joe Shaler, Pastor of Otsego United Methodist Church in Otsego, offered the following invocation:

 

“Merciful God,

We thank You for the freedom we have and the joy and privilege of living in the great State of Michigan. We pause in Your Presence and ask for Your guidance for these women and men of our Michigan State Legislature. As they take this time to consider far–reaching legislation, give them Your Wisdom, Your Discernment, and Your Vision of Righteousness. In a time of deep division and conflict and hurt, may they display unity and cooperation and compassion.

May our State of Michigan thrive and grow and may our State economy allow people to find employment and to provide for their families. May our State prosper while remembering that You are the source of all we have and all we are. We thank You for the future You hold for us. We pledge that in all the actions we take, in the attitudes we hold, and in the ways we lead, we will serve others and serve You. Amen.”

 

 

______

 

 

Rep. Rabhi moved that Reps. Pagan, Robinson and Gay-Dagnogo be excused from today’s session.

The motion prevailed.

 

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

The motion prevailed.

 

 

______

 

 

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

 

 

Motions and Resolutions

 

 

Reps. Lilly, VanWoerkom, O’Malley, Allor, Griffin, Paquette, Sheppard and Yaroch offered the following resolution:

House Resolution No. 214.

A resolution to call on the Governor to formally request that Ontario cease or limit to the greatest extent possible the redirection of water into the Great Lakes.

Whereas, Great Lakes water levels are at or near historic high levels. Over the last year, high water level records set in the early 1950s and mid-1980s have been broken throughout the region. The United States Army Corps of Engineers projects that historically high water levels will continue for at least the next six months, with Lake Michigan and Lake Huron projected to break seasonal record highs this winter; and

Whereas, Record high water levels have created emergency conditions along the Great Lakes shoreline. Shoreline erosion and flooding have erased beaches and significantly damaged roads, bridges, and boat ramps, impacting businesses, state parks, and municipalities. Homes have collapsed into the lakes as the bluffs they sit on erode away. Michigan’s $955 million coastal tourism industry is increasingly threatened; and

Whereas, The redirection of water into the Great Lakes from Ontario contributes to high water levels. On average, three to four billion gallons of water are diverted into Lake Superior through the Long Lac and Ogoki diversions every day, affecting water levels across the region. These diversions raise water levels up to 4.3 inches on Lake Michigan and Lake Huron and 2.4 inches on Lake Superior; and

Whereas, Canada has reduced flow through the Long Lac and Ogoki diversions in the past — or closed flow off entirely — to help relieve high water levels. At the request of the United States, Canada reduced or stopped flow during past historic high periods in the early 1950s, early 1970s, and mid-1980s; and

Whereas, Every inch that water levels can be reduced will save homes and decrease damage to public infrastructure in Michigan and other states. Once again, our Great Lakes communities and residents need Canada’s assistance to address this crisis; now, therefore, be it

Resolved by the House of Representatives, That we call on the Governor to formally request that Ontario cease or limit to the greatest extent possible the redirection of water into the Great Lakes until water levels recede from historic highs; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan.

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

Reps. Bolden, Anthony, Brenda Carter, Robinson, Yancey, Cynthia Johnson, Wittenberg, Love, Garza, Shannon, Sneller, Sowerby and Stone offered the following resolution:

House Resolution No. 215.

A resolution to declare January 15, 2020, as Alpha Kappa Alpha Sorority, Incorporated, Founders’ Day in the state of Michigan.

Whereas, Alpha Kappa Alpha Sorority, Incorporated, is the oldest Greek-lettered organization to have been established by African-American college-educated women; and

Whereas, Alpha Kappa Alpha was founded at Howard University in Washington, D.C., in 1908; and

Whereas, Founder Ethel Hedgeman Lyle envisioned the sorority as an instrument for enriching campus life by promoting unity and cultivating high academic and ethical standards; and

Whereas, Through the years, the sorority’s function has become more complex, branching out to engage members worldwide in advocacy and service projects to improve socioeconomic, racial, political, and environmental conditions; and

Whereas, Alpha Kappa Alpha’s diverse, collaborative work throughout the United States, the Caribbean, Europe, Africa, and United Arab Emirates integrates a high level of personal engagement with the strong bonds of sisterhood and a productive network of community partners; and

Whereas, Michigan hosts over 30 Alpha Kappa Alpha chapters which are located on college and university campuses and have active alumnae groups in communities throughout the state; and

Whereas, The Great Lakes Region is home to 97 empowered and engaged chapters serving Michigan, Ohio, Western New York, Western Pennsylvania, and West Virginia, now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 15, 2020, as Alpha Kappa Alpha Sorority, Incorporated, Founders’ Day in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to Alpha Kappa Alpha Sorority, Pi Tau Omega, and Delta Tau Omega Chapters in recognition of all Michigan chapters.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Anthony, Glenn, Afendoulis, Paquette, Hood, Garza, Sabo, Shannon, Sneller, Sowerby and Stone offered the following resolution:

House Resolution No. 216.

A resolution to urge Major League Baseball to continue its support for minor-league baseball teams.

Whereas, Major League Baseball is currently considering eliminating its affiliation with 29 minor-league baseball teams and completely eliminating 13 other minor-league teams. The league has argued that the reduction in teams will allow them to raise the salaries of remaining minor-league players; and

Whereas, Eliminating minor-league baseball teams is unnecessary to meet the goal of raising salaries for minor-league players. Major League Baseball generated a record $10.7 billion in revenue during the 2019 season; and

Whereas, Minor-league baseball teams are major economic drivers in their communities, providing jobs and tax revenue while benefiting local business by drawing people into commercial areas. The elimination of these teams would have a pronounced negative effect on local businesses and residents whose jobs depend on gameday activities; and

Whereas, Minor-league baseball teams are a source of community pride and promote local investment and economic development. Some teams have been a part of their communities for decades. These communities have invested in their teams, including in stadium infrastructure projects that will be wasted if local teams lose support; and

Whereas, Minor-league baseball teams provide community benefits beyond economic impact. Minor-league games are affordable family fun that create untold memories while attending games and foster a connection to the national pastime. The elimination of minor-league baseball teams could take these experiences away from families for which Major League Baseball games are either too expensive or too far away; and

Whereas, Major League Baseball’s proposed plan would set a bad precedent for eliminating additional minor-league baseball teams in the future. Michigan has three minor-league baseball teams: the West Michigan White Caps, Lansing Lugnuts, and Great Lakes Loons. While none of these teams would be affected by Major League Baseball’s plan, the proposed changes would open the door to further cuts in the future; now, therefore, be it

Resolved by the House of Representatives, That we urge Major League Baseball to continue its support for minor league baseball teams; and be it further

Resolved, That copies of this resolution be transmitted to the Commissioner of Major League Baseball and the President of Minor League Baseball.

The resolution was referred to the Committee on Commerce and Tourism.

Reports of Standing Committees

 

 

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4291, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33 and 34 (MCL 169.233 and 169.234), section 33 as amended by 2017 PA 119 and section 34 as amended by 2012 PA 277.

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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4816, entitled

A bill relating to the promotion of regional convention business and tourism in this state and certain regions of this state; to provide for tourism and convention marketing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the oversight functions and duties of certain state departments, state agencies, and state employees; and to prescribe penalties and remedies.

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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

Second Reading of Bills

 

 

House Bill No. 4816, entitled

A bill relating to the promotion of regional convention business and tourism in this state and certain regions of this state; to provide for tourism and convention marketing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the oversight functions and duties of certain state departments, state agencies, and state employees; and to prescribe penalties and remedies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Ways and Means,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

House Bill No. 4291, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33 and 34 (MCL 169.233 and 169.234), section 33 as amended by 2017 PA 119 and section 34 as amended by 2012 PA 277.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Ways and Means,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Calley 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’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, January 14:

House Bill Nos.     5328 5329

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, January 15:

Senate Bill Nos.     718   719    720    721    722    723

 

 

Reports of Standing Committees

 

 

The Committee on Agriculture, by Rep. Alexander, Chair, referred

House Bill No. 4860, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2018 PA 610.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Alexander, Mueller, LaFave, Hoitenga, Eisen and Wendzel

Nays: Reps. Elder, Coleman, Garza, Cynthia Johnson and Witwer

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, January 15, 2020

Present: Reps. Alexander, Mueller, LaFave, Hoitenga, Eisen, Wendzel, Elder, Coleman, Garza, Cynthia Johnson and Witwer

 

 

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

House Bill No. 5024, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 4a.

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, Crawford, Calley, Howell, Eisen, Markkanen, Ellison, Sowerby, Garza, Hope and Kuppa

Nays: Rep. Paquette

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. 5025, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as amended by 2015 PA 248, and by adding section 3c.

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, Crawford, Calley, Howell, Eisen, Markkanen, Paquette, Ellison, Sowerby, Garza, Hope and Kuppa

Nays: None

The bill and substitute were 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, January 15, 2020

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

Absent: Rep. Marino

Excused: Rep. Marino

 

 

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4266, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2979.

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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 5266, entitled

A bill to amend 2008 PA 167, entitled “Electric cooperative member-regulation act,” (MCL 460.31 to 460.39) by adding sections 8a and 8b.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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: Wednesday, January 15, 2020

Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden

 

 

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, January 15, 2020

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, January 15, 2020

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

Absent: Rep. Pagan

Excused: Rep. Pagan

 

 

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, January 15, 2020

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

Absent: Reps. Hall and Robinson

Excused: Reps. Hall and Robinson

 

 

Messages from the Senate

 

 

House Bill No. 5241, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 836b (MCL 500.836b), as amended by 2016 PA 558.

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. 5242, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1301 (MCL 500.1301), as amended by 2015 PA 244, and by adding section 1359.

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. 5243, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1001 and 1027 (MCL 500.1001 and 500.1027), section 1001 as amended by 2016 PA 276 and section 1027 as added by 2008 PA 342, and by adding section 1028.

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

The House agreed to the full title.

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

 

 

Introduction of Bills

 

 

Rep. Lower introduced

House Bill No. 5330, entitled

A bill to amend 2018 PA 57, entitled “Recodified tax increment financing act,” by amending section 219 (MCL 125.4219).

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

 

 

Reps. Wozniak, Yaroch, Markkanen and Green introduced

House Bill No. 5331, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3151 and 3153 (MCL 500.3151 and 500.3153), section 3151 as amended by 2019 PA 22, and by adding section 3151a.

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

 

 

Rep. Wozniak introduced

House Bill No. 5332, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3151 (MCL 500.3151), as amended by 2019 PA 22.

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

 

 

Reps. Markkanen and Cambensy introduced

House Bill No. 5333, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50501, 50502, 50507, and 53503 (MCL 324.50501, 324.50502, 324.50507, and 324.53503), sections 50501 and 50502 as amended by 2004 PA 124 and section 50507 as amended and section 53503 as added by 2018 PA 116.

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

 

 

Rep. Hauck introduced

House Bill No. 5334, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2084) by adding section 16d.

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

Reps. Robinson, Brenda Carter, Kennedy, Tate, Yancey, Gay-Dagnogo, Byrd, Garrett, Love, Wittenberg, Tyrone Carter, Whitsett, Bolden, Haadsma, Peterson, Inman, Coleman, Cynthia Johnson and Jones introduced

House Bill No. 5335, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78g and 78h (MCL 211.78g and 211.78h), section 78g as amended by 2014 PA 500 and section 78h as amended by 2014 PA 499.

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

 

 

Rep. Iden introduced

House Bill No. 5336, entitled

A bill to amend 2018 PA 16, entitled “Uniform commercial real estate receivership act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 24, and 25 (MCL 554.1011, 554.1012, 554.1013, 554.1014, 554.1015, 554.1016, 554.1021, 554.1022, 554.1023, 554.1024, 554.1025, 554.1026, 554.1028, 554.1029, 554.1030, 554.1031, 554.1034, and 554.1035).

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

 

 

______

 

 

Rep. Cambensy moved that the House adjourn.

The motion prevailed, the time being 2:15 p.m.

 

Associate Speaker Pro Tempore Lilly declared the House adjourned until Thursday, January 16, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives