No. 14

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Wednesday, February 13, 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—present

Albert—present             Frederick—present        Kennedy—present        Rendon—present

Alexander—present        Garrett—present           Koleszar—present         Robinson—present

Allor—present               Garza—present             Kuppa—present            Sabo—present

Anthony—present          Gay-Dagnogo—present LaFave—present           Schroeder—present

Bellino—present            Glenn—present             LaGrand—present         Shannon—present

Berman—present           Green—present             Lasinski—present         Sheppard—present

Bolden—present            Greig—present             Leutheuser—present     Slagh—present

Bollin—present              Griffin—present           Liberati—present          Sneller—present

Brann—present              Guerra—present           Lightner—present         Sowerby—present

Brixie—present              Haadsma—present        Lilly—present              Stone—present

Byrd—present               Hall—present               Love—present              Tate—present

Calley—present             Hammoud—present      Lower—present            VanSingel—present

Cambensy—present        Hauck—present            Maddock—present        VanWoerkom—present

Camilleri—present         Hernandez—present      Manoogian—present     Vaupel—present

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

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

Chatfield—present         Hoitenga—present        Meerman—present        Webber—present

Cherry—present             Hood—present             Miller—present            Wendzel—present

Chirkun—present           Hope—present             Mueller—present          Wentworth—present

Clemente—present         Hornberger—present     Neeley—present           Whiteford—present

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

Coleman—present          Huizenga—present        Pagan—present             Wittenberg—present

Crawford—present         Iden—present               Paquette—present         Witwer—present

Eisen—present               Inman—present            Peterson—present         Wozniak—present

Elder—present               Johnson, C.—present     Pohutsky—present        Yancey—present

Ellison—present            Johnson, S.—present     Rabhi—present             Yaroch—present

Farrington—present        Jones—present                                                

 

 

e/d/s = entered during session

Pastor Gregory E. Timmons I, Senior Pastor of Calvary United Methodist Church in Flint, offered the following invocation:

 

“Dear Lord,

I want to thank You for the privilege of serving You and Your people.

I want to thank You for the privilege of being a servant among these, Your great servants.

As privileged servants we ask that You bless us with the courage and judgement to serve in the best interest of the People of The Great state of Michigan.

Dear God, let Michigan bless America immensely and have a profound impact in increasing the US domestically, and the US leading the world abroad, to Your glory.

We ask for Your Holy Spirit of wisdom to bless us and rest upon our hearts and minds; that we may serve the poor and support the building of wealth in our state for the purpose of blessing all people.

Give us the courage to right wrongs, and to speak our convictions, but over riding our personal prejudices and preferences, for the good of those we serve.

Bless this session and the women and men who have dedicated this time in their lives to serve Your creation, O Lord to consider and execute what is good and right for all.

Bless their families Lord, and their friends, who are making sacrifices for the members to serve.

May the richness of Your glory, and the vastness of Your power, be made manifest by the decision made here, both now and in the future.

In the precious name of Jesus, Let, it be so. Amen and Amen and Halleluiah!”

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Motions and Resolutions

 

 

Reps. Garrett, Ellison, Haadsma, Kuppa, Liberati, Manoogian, Shannon, Sneller and Sowerby offered the following resolution:

House Resolution No. 22.

A resolution to declare February 2019 as Transparency in Government Month in the state of Michigan.

Whereas, Transparency in Government Month calls attention to the fact that the government has an obligation to its citizens to share information; and

Whereas, Governments exist to serve their citizens. Therefore, their citizens should receive information on what their representatives are doing, how their officials are spending taxpayers’ money, and how their government is handling various issues; and

Whereas, In 2015, a study by the Center of Public Integrity ranked Michigan last among all the states concerning government accountability and transparency. A lack of government transparency creates mistrust and frustration and increases the risk for corruption. The absence of government transparency impacts every person in Michigan; and

Whereas, Government transparency fosters government participation, promotes good governance, improves government efficiency and effectiveness, and combats corruption. Information on the activities and policies of government allows the public to participate in the democratic process and hold their government accountable and allows residents to influence the decisions affecting their lives and encourage their representatives to use their power to affect change. Knowledge of government decisions and processes empowers Michiganders to give feedback on how policies are working in practice and how the allocation of government resources can be improved. Access to information increases the likelihood of discovering corrupt practices, acting as a deterrent to corruption in the future; and

Whereas, Our state and local governments must be committed to government transparency and accountability. When we actively increase information between the government and its citizens, we can foster good governance, improve government efficiency, and combat corruption. We must work together to promote information flowing freely between our government and its citizens; now, therefore be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2019 as Transparency in Government Month in the state of Michigan. We strongly support the efforts of national, state, and local partners to actively engage in efforts to encourage government transparency.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Cole moved that House Committees be given leave to meet during the balance of today’s 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 Thursday, February 7:

House Bill Nos.     4160   4161   4162   4163 4164

House Joint Resolution        D

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 12:

Senate Bill Nos.      105    106    107

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 13:

Senate Bill Nos.      108    109    110    111    112    113

 

The Clerk announced that the following bill had been received on Wednesday, February 13:

Senate Bill No.           2

 

 

Reports of Standing Committees

 

 

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

House Bill No. 4101, entitled

A bill to amend 2018 PA 57, entitled “Recodified tax increment financing act,” by amending section 204 (MCL 125.4204).

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, February 13, 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. Crawford, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, February 13, 2019

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

 

 

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, February 13, 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. Hoitenga, Chair, of the Committee on Communications and Technology, was received and read:

Meeting held on: Wednesday, February 13, 2019

Present: Reps. Hoitenga, Steven Johnson, Wozniak, Coleman and Chirkun

 

 

Messages from the Senate

 

 

Senate Bill No. 2, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7523 (MCL 333.7523), as amended by 2016 PA 418, and by adding section 7521a.

The Senate has passed the bill.

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

 

 

Introduction of Bills

 

 

Reps. Elder, Yancey, Koleszar, Garza, Anthony, Rabhi, Kennedy, Shannon, Hood, Pohutsky, Chirkun, Stone, Hertel, Sowerby, Peterson, Ellison, Coleman, Warren, Brixie, Wittenberg, Clemente, Hammoud, Tate, Sabo, Kuppa, Paquette, Manoogian, Hope, Sneller, Cambensy, Robinson, Pagan, Yaroch and Haadsma introduced

House Bill No. 4165, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2018 PA 113.

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

 

 

Reps. Yancey, Elder, Koleszar, Garza, Anthony, Rabhi, Kennedy, Shannon, Hood, Chirkun, Pohutsky, Stone, Hertel, Sowerby, Peterson, Coleman, Warren, Brixie, Wittenberg, Clemente, Hammoud, Tate, Sabo, Paquette, Hope, Sneller, Cambensy, Robinson, Ellison, Kuppa, Pagan, Yaroch and Haadsma introduced

House Bill No. 4166, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2018 PA 114.

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

 

 

Reps. Elder, Koleszar, Shannon, Cambensy, Robinson, Ellison, Hope, Coleman, Sowerby, Cynthia Johnson, Green, Pagan, Kennedy, Haadsma and Hertel introduced

House Bill No. 4167, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2111f.

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

 

 

Reps. Kahle and Byrd introduced

House Bill No. 4168, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4x (MCL 205.54x), as amended by 2009 PA 53.

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

 

 

Reps. Byrd and Kahle introduced

House Bill No. 4169, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2012 PA 429.

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

Rep. Kahle introduced

House Bill No. 4170, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6b.

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

 

 

Reps. Alexander, Miller, Cynthia Johnson, Kahle and Paquette introduced

House Bill No. 4171, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA 589.

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

 

 

Reps. Witwer, Chirkun, Sowerby, Sneller, Cherry, Brenda Carter, Peterson, Cynthia Johnson, Stone, Shannon, Hertel, Elder, Sabo, Slagh, Garza, Tate, Bolden, Kuppa, Whitsett and Jones introduced

House Bill No. 4172, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, 17, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, 432.117, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by designating sections 1 to 20 as article 1; 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. Chirkun, Witwer, Sowerby, Sneller, Cherry, Brenda Carter, Cynthia Johnson, Peterson, Stone, Shannon, Hertel, Elder, Sabo, Slagh, Garza, Tate, Bolden, Kuppa, Whitsett and Jones introduced

House Bill No. 4173, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” (MCL 432.101 to 432.120) by adding article 2.

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

 

 

Reps. Cherry, Marino, Frederick, Schroeder, Ellison, Gay-Dagnogo, Elder, Mueller, Sabo, Sneller, Kennedy, Anthony, Allor, Leutheuser, LaFave, Wentworth, Bellino, Wakeman, Berman, Cambensy, Kahle, O’Malley, Filler, Wozniak, Paquette, Chirkun, Green, Howell, Warren, Lasinski, Inman, Webber, Vaupel, Calley, Yaroch, Neeley, Lightner, Markkanen, Sheppard, Griffin, Hauck, Eisen, Rendon, Meerman, Crawford, Miller, Brann, Jones, Peterson, Lower, Hornberger, Wendzel, Afendoulis, Slagh, Reilly, Maddock, Manoogian, Coleman and Kuppa introduced

House Bill No. 4174, entitled

A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2016 PA 146.

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

 

 

Reps. Cherry, Pagan, Kennedy, Cynthia Johnson, Neeley, Hood, Sneller, Peterson, Hoadley and Jones introduced

House Bill No. 4175, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 13b (MCL 125.1513b), as added by 1988 PA 146.

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

 

 

Reps. Yaroch, Ellison, LaFave, Brann, Shannon, Vaupel, Cynthia Johnson, Green, Howell, Mueller and Sowerby introduced

House Bill No. 4176, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.

Reps. Cherry, Ellison, Kennedy, Sneller, Neeley, Byrd, Cynthia Johnson, Hood and Hoadley introduced

House Bill No. 4177, entitled

A bill to create the office of government accountability; to prescribe the powers and duties of the office, the legislative council, and state departments and agencies; and to provide remedies.

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

 

 

Reps. Neeley, Ellison, Cherry, Kennedy, Sneller, Byrd, Cynthia Johnson, Hood and Hoadley introduced

House Bill No. 4178, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11a of chapter XVII (MCL 777.11a), as amended by 2005 PA 265.

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

 

 

Rep. Miller introduced

House Bill No. 4179, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 11 (MCL 15.271).

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

 

 

Reps. Coleman, Kuppa, Cynthia Johnson, Gay-Dagnogo, Robinson, Sneller, Ellison, Kennedy, Whitsett, Bellino and Jones introduced

House Bill No. 4180, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 672.

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

 

 

Rep. Manoogian introduced

House Bill No. 4181, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 602b, 602c, and 732 (MCL 257.320a, 257.602b, 257.602c, and 257.732), section 320a as amended by 2018 PA 349, section 602b as amended by 2016 PA 332, section 602c as added by 2012 PA 592, and section 732 as amended by 2017 PA 160.

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

 

 

Reps. Lasinski, Anthony, Shannon, Love, Hood, Clemente, Pagan, Cynthia Johnson, Gay-Dagnogo, Kennedy, Hope, Pohutsky and Ellison introduced

House Bill No. 4182, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 675.

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

 

 

Reps. Anthony, Lasinski, Shannon, Love, Hood, Clemente, Pagan, Cynthia Johnson, Gay-Dagnogo, Kennedy, Hope, Pohutsky and Ellison introduced

House Bill No. 4183, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 275.

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

 

 

______

 

 

Rep. VanWoerkom moved that the House adjourn.

The motion prevailed, the time being 2:45 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Thursday, February 14, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives