No. 3

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Tuesday, January 15, 2019.

 

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              Kahle—present             Reilly—excused

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—excused      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. Darrin Camilleri, from the 23rd District, offered the following invocation:

 

“We cannot merely pray to You, O God, to end war;

For we know that You have made the world in a way that people must find their own path to peace within themselves and with their neighbors.

We cannot merely pray to You, O God, to end starvation;

For You have already given us the resources with which to feed the entire world, if we would only use them wisely.

We cannot merely pray to You, O God, to root out prejudice;

For You have already given us eyes with which to see the good in all people, if we would only use them rightly.

We cannot merely pray to You, O God, to end despair;

For You have already given us the power to clear away slums and to give hope, if we would only use our power justly.

We cannot merely pray to You, O God, to end disease;

For You have already given us great minds with which to search out cures and healing, if we would only use them constructively.

Therefore we pray to You instead, O God, for strength, determination and will power,

To do instead of just pray,

To become instead of merely to wish.  ~Rabbi Jack Riemer.”

 

 

______

 

 

Rep. Cole moved that Rep. Reilly be excused from today's session.

The motion prevailed.

 

Rep. Rabhi moved that Rep. Cambensy be excused from today's session.

The motion prevailed.

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Motions and Resolutions

 

 

Reps. Bolden, Anthony and Sneller offered the following resolution:

House Resolution No. 7.

A resolution to declare January 15, 2019, 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; and

Whereas, There are two members of Alpha Kappa Alpha currently serving in the 100th Legislature, Rep. Kyra Bolden and Rep. Sarah Anthony; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 15, 2019, as Alpha Kappa Alpha Sorority, Incorporated, Founders’ Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Alpha Kappa Alpha Sorority, Pi Tau Chapter in recognition of all Michigan chapters.

The question being on the adoption of the resolution,

 

Rep. Bolden moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 7.

A resolution to declare January 15, 2019, 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; and now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 15, 2019, as Alpha Kappa Alpha Sorority, Incorporated, Founders’ Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Alpha Kappa Alpha Sorority, Pi Tau Chapter in recognition of all Michigan chapters.

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Introduction of Bills

 

 

Reps. Chirkun, Elder, Sabo, Sowerby, Cambensy, Stone, Hertel, Shannon, Peterson, Pagan, Koleszar, Cherry, Pohutsky, Rabhi, Cynthia Johnson and Lasinski introduced

House Bill No. 4033, entitled

A bill to amend 1947 PA 336, entitled  “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

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

 

 

Reps. Elder, Chirkun, Sabo, Sowerby, Cambensy, Stone, Hertel, Shannon, Peterson, Anthony, Hope, Tate, Whitsett, Robinson, Neeley, Pagan, Koleszar, Cherry, Pohutsky, Garza, Rabhi, Jones, Cynthia Johnson and Lasinski introduced

House Bill No. 4034, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.

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

Reps. Ellison, Frederick, Kuppa, Sneller, Kennedy, Cambensy, Hertel, Brixie, Gay-Dagnogo and Crawford introduced

House Bill No. 4035, entitled

A bill to prohibit a local unit of government from enacting or enforcing an ordinance, policy, resolution, or rule that regulates a dog based upon the breed or perceived breed of the dog; and to provide for the powers and duties of certain local governmental entities.

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

 

 

Rep. Lightner introduced

House Bill No. 4036, entitled

A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

 

 

Rep. Lightner introduced

House Bill No. 4037, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801b (MCL 257.801b), as amended by 1986 PA 311.

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

 

 

Reps. Elder, Hope, Pohutsky, Brixie, Kennedy, Witwer, Cherry, Pagan, Koleszar, Chirkun, Jones, Cynthia Johnson and Lasinski introduced

House Bill No. 4038, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 277 and 677.

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

 

 

Reps. Brann, Hoadley, Vaupel, Sabo, Calley, Wittenberg and Pagan introduced

House Bill No. 4039, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2a, and 4 (MCL 722.641, 722.642a, and 722.644), the title and sections 1 and 4 as amended by 2006 PA 236 and section 2a as added by 1992 PA 272, and by adding section 3a; 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. Sabo, Brann, Calley, Wittenberg and Pagan introduced

House Bill No. 4040, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending the title and sections 2, 3, 6, 6a, 7, 8, 9, and 11 (MCL 205.422, 205.423, 205.426, 205.426a, 205.427, 205.428, 205.429, and 205.431), the title and sections 2 and 6a as amended by 2012 PA 188, sections 3 and 6 as amended by 1997 PA 187, sections 7 and 11 as amended by 2016 PA 86, section 8 as amended by 2008 PA 458, and section 9 as amended by 2004 PA 474.

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

 

 

Reps. Calley, Brann and Sabo introduced

House Bill No. 4041, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 42b and 470 (MCL 750.42b and 750.470), section 42b as added by 1992 PA 273 and section 470 as amended by 1998 PA 38.

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

 

 

Reps. Whiteford and Brann introduced

House Bill No. 4042, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17201 (MCL 333.17201), as amended by 2016 PA 499, and by adding sections 16190, 17225, and 17225a.

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

Rep. Whiteford introduced

House Bill No. 4043, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending sections 2 and 3 (MCL 445.902 and 445.903), section 2 as amended by 2018 PA 189 and section 3 as amended by 2018 PA 211.

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

 

 

Rep. Hoitenga introduced

House Bill No. 4044, entitled

A bill to amend 1956 PA 218, entitled “The 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.

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

 

 

Reps. Hope, Brixie, Kennedy, Stone, Cherry, Anthony, Slagh, Frederick, Hammoud and Whitsett introduced

House Bill No. 4045, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).

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

 

 

Rep. Sheppard introduced

House Bill No. 4046, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 206b.

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

 

 

Rep. Webber introduced

House Joint Resolution A, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV, to limit the legislative session.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

 

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 Thursday, January 10:

House Bill Nos.     4019   4020   4021   4022  4023   4024   4025   4026   4027  4028   4029   4030 4031
                              4032

 

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

Senate Bill Nos.          1        2        3        4        5        6        7        8        9      10      11      12     13
                                  14      15      16      17      18      19      20      21      22      23      24      25     26

 

 

______

 

 

Rep. Wozniak moved that the House adjourn.

The motion prevailed, the time being 2:25 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, January 16, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives