No. 8

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Thursday, January 24, 2019.

 

12:00 noon.

 

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—excused          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—excused              Hall—present               Love—present              Tate—present

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

Cambensy—present        Hauck—present            Maddock—excused       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

Rev. Jeffrey Heimsoth, Senior Pastor of Trinity Lutheran Church in Monroe, offered the following invocation:

 

Gracious God, we come to You on this day, thankful to live in such a great land—honored to be entrusted to serve the people of Michigan. Remind us that we serve a higher power and work for the common good of the citizens of this state.

Humble us that we might give our best for the least.

Empower us to make great and noble decisions.

Inspire us to believe in a brighter tomorrow.

Instill in us wisdom to lead and joy to serve.

May all our efforts bring the people of this state and of this nation to a greater sense of respect and community.

And yet, on this day, please calm the fears in our hearts, heal the wounds in our bodies and pour out blessing on our families. May we see that as You hold the world in Your hands--You hold each of us close to Your heart. All this we ask in the name of Jesus. AMEN.

 

 

______

 

 

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

The motion prevailed.

 

Rep. Rabhi moved that Reps. Byrd and Garrett be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Slagh, Hornberger and Shannon offered the following resolution:

House Resolution No. 12.

A resolution to declare January 31, 2019, as Omphalocele Awareness Day in the state of Michigan.

Whereas, An omphalocele is a birth defect that occurs early in pregnancy in which the abdominal wall does not close properly and some or most of the abdominal organs protrude on the outside of the fetus's body through the umbilical cord; and

Whereas, It is estimated that a small omphalocele occurs in about 1 out of every 5,000 pregnancies and a large or giant omphalocele occurs in about 1 out of every 10,000 pregnancies; and

Whereas, An omphalocele may be isolated or may be associated with other defects or chromosomal abnormalities; and

Whereas, Despite the challenges a baby born with an omphalocele may face, many babies who are born with an omphalocele survive and go on to live happy, healthy lives; and

Whereas, Mothers of Omphaloceles, “MOO”, is a group of parents from around the world that was created to provide hope, support, and information to families with babies diagnosed with an omphalocele; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 31, 2019, as Omphalocele Awareness Day in the state of Michigan. We recognize and commend the Mothers of Omphaloceles for their courageous efforts to advocate for their children.

The question being on the adoption of the resolution,

 

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

Substitute for House Resolution No. 12.

A resolution to declare January 31, 2019, as Omphalocele Awareness Day in the state of Michigan.

Whereas, An omphalocele is a birth defect that occurs early in pregnancy in which the abdominal wall does not close properly and some or most of the abdominal organs protrude on the outside of the fetus’s body through the umbilical cord; and

Whereas, It is estimated that a small omphalocele occurs in about 1 out of every 5,000 live births and a large or giant omphalocele occurs in about 1 out of every 10,000 live births; and

Whereas, An omphalocele may be isolated or may be associated with other defects or chromosomal abnormalities; and

Whereas, Despite the challenges a baby born with an omphalocele may face, many babies who are born with an omphalocele survive and go on to live happy, healthy lives; and

Whereas, Mothers of Omphaloceles, “MOO”, is a group of parents from around the world that was created to provide hope, support, and information to families with babies diagnosed with an omphalocele; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 31, 2019, as Omphalocele Awareness Day in the state of Michigan. We recognize and commend the Mothers of Omphaloceles for their courageous efforts to advocate for their children.

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.

Reps. Whitsett, Sowerby, Reilly, Hammoud, Tyrone Carter, Camilleri, Gay-Dagnogo, Stone, Vaupel, Elder, Garza, Sabo, Hoadley, Cynthia Johnson, Wittenberg, Robinson, Brixie, Bolden, Pohutsky, Love, Haadsma, Hope, Manoogian, Shannon and Sneller offered the following resolution:

House Resolution No. 13.

A resolution to  commemorate in the state of Michigan January 2019 as the 90th anniversary of the birth of Dr. Martin Luther King Jr.

Whereas, Dr. Martin Luther King Jr. sparks inspiration, strength, and determination. He was born on January 15, 1929, but the icon Dr. Martin Luther King Jr. was born in 1955 when he first caught the national eye while boycotting a transportation company in Birmingham, Alabama; and

Whereas, Dr. King’s life was prematurely ended but is still profoundly impactful. Although his time as an activist was cut short, he managed to spearhead the 1964 Civil Rights Movement ending public segregation on the basis of race, gender, or religion; and

Whereas, His advocacy and determination helped secure the right to vote for African Americans in 1965. MLK’s nonviolent approach taught the public humanity, and the lessons set the standard for how minority populations deserve to be treated. His timeless teachings apply not only to the treatment of the black population, but to any group who has suffered injustice at the hands of the majority; and

Whereas, MLK serves as champion for the marginalized and preached to the privileged. He helped foster an understanding between the disenfranchised and the powerful. Honoring his legacy acts as a reminder to the injustice our American brothers and sisters endured; and

Whereas, Racism and injustice has not been eradicated since Dr. King’s untimely passing. In Letter from Birmingham Jail he wrote “Lukewarm acceptance is much more bewildering than outright rejection.” It is the responsibility of this body to embrace diversity and condemn injustice; and

Whereas, Dr. King planted the seed of equality. While it has bloomed over the years, it is our responsibility to nurture it and ensure it thrives. Dr. Martin Luther King Jr. has set the example for us, but it is up to us as a society to apply his inclusive ideology and accept each other for who we are. We all know he had a dream. Michiganders are encouraged to fulfill that dream and continue down the path of equality and justice; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate in the state of Michigan January 2019 as the 90th anniversary of the birth of Dr. Martin Luther King Jr.

 

 

Introduction of Bills

 

 

Reps. Webber, Crawford, Paquette, Griffin, Ellison, Cynthia Johnson, Robinson and Yaroch introduced

House Bill No. 4079, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2106 and 2108 (MCL 500.2106 and 500.2108), section 2108 as amended by 2015 PA 141.

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

 

 

Reps. Webber, Crawford, Chirkun, Paquette, Griffin, Koleszar, Cynthia Johnson, Robinson and Yaroch introduced

House Bill No. 4080, entitled

A bill to amend 1956 PA 218, entitled The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.

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

 

 

Reps. Kennedy, Gay-Dagnogo, Lasinski, Cynthia Johnson, Chirkun, Garza, Neeley, Cherry, Sneller, Stone, Koleszar, Brixie, Green, Maddock, Mueller, Wozniak, Robinson, Ellison and Wittenberg introduced

House Bill No. 4081, entitled

   A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 25a.

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

 

 

Reps. Rendon, LaFave, Brann, Guerra, Brixie, Robinson, Yaroch, Crawford, Manoogian, Hope, Allor and Love introduced

House Bill No. 4082, entitled

   A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 3i.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

 

 

Reps. Hornberger and LaFave introduced

House Bill No. 4083, entitled

   A bill to prohibit local units of government from enacting or enforcing any law, ordinance, policy, or rule that limits local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain state and local officers, officials, and employees; and to prescribe penalties and remedies.

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

 

 

Rep. Hornberger introduced

House Bill No. 4084, entitled

   A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 48.

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

 

 

Rep. Hornberger introduced

House Bill No. 4085, entitled

   A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 39 of chapter XVII (MCL 777.39), as amended by 2006 PA 548.

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

 

 

Rep. Hornberger introduced

House Bill No. 4086, entitled

   A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 2017 PA 92.

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

 

 

Rep. Hornberger introduced

House Bill No. 4087, entitled

   A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1284b (MCL 380.1284b), as amended by 2006 PA 235.

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

 

 

Rep. Hornberger introduced

House Bill No. 4088, entitled

   A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 611, 612, 614, 616, and 617 (MCL 380.611, 380.612, 380.614, 380.616, and 380.617), sections 611 and 612 as amended by 2004 PA 419, section 614 as amended by 2011 PA 232, sections 616 and 617 as amended by 2003 PA 299; and to repeal acts and parts of acts.

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

 

 

Rep. Hornberger introduced

House Bill No. 4089, entitled

   A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 2a, 3, 3a, 3b, and 3c of chapter 1 and sections 11, 13, 15, 16, and 51 of chapter 2 (MCL 141.502a, 141.503, 141.503a, 141.503b, 141.503c, 141.611, 141.613, 141.615, 141.616, and 141.651), section 2a of chapter 1 as added by 1995 PA 234, section 3 of chapter 1 as amended by 2012 PA 394, section 3a of chapter 1 as amended and section 3b of chapter 1 as added by 1987 PA 223, section 3c of chapter 1 as amended by 2011 PA 56, section 11 of chapter 2 as amended by 1995 PA 233, section 13 of chapter 2 as amended by 1988 PA 216, and section 51 of chapter 2 as amended by 1982 PA 124.

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

Reps. LaFave, Hornberger, Green, Hall and Markkanen introduced

House Bill No. 4090, entitled

   A bill to prohibit counties from enacting or enforcing any law, ordinance, policy, or rule that limits local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain state and local officers, officials, and employees; and to prescribe penalties and remedies.

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

 

 

Reps. LaFave, Leutheuser, Yaroch, Markkanen and Howell introduced

House Bill No. 4091, entitled

   A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 2 and 8 (MCL 207.772 and 207.778), section 2 as amended by 2010 PA 9 and section 8 as amended by 2005 PA 339.

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

 

 

Reps. LaFave, Markkanen, Wozniak, Berman, Robinson, Yaroch, Brann, Hornberger and Chirkun introduced

House Bill No. 4092, entitled

   A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 2 to chapter XVI.

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

 

 

Reps. Yaroch, Chirkun, Steven Johnson and LaGrand introduced

House Bill No. 4093, entitled

   A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.

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

 

 

Reps. Chirkun, Wittenberg, Sneller, Lasinski, Love, Robinson, Cherry, Stone, Sowerby, Brixie, Shannon, Frederick, Ellison, Cynthia Johnson, Rendon, Howell, Inman, Calley, LaFave, Yaroch and Jones introduced

House Bill No. 4094, entitled

   A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2004 PA 463.

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

 

 

Reps. Reilly, Lower, Alexander, Frederick, Ellison, Cambensy, Rendon, Crawford, Webber, Maddock, Mueller and LaFave introduced

House Bill No. 4095, entitled

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

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

 

 

Reps. Howell, Inman, Crawford, Allor, Reilly, Yaroch, Brann, Wakeman, Steven Johnson, Bellino, Chirkun, Vaupel, Sabo, Hoadley, Hertel, Sneller, Elder, Peterson, Cambensy, Garza, Gay-Dagnogo, Liberati, Rabhi, Eisen, Neeley and Wozniak introduced

House Joint Resolution C, entitled

   A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV, to provide for the end of the legislative session at certain times in certain years.

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 Wednesday, January 23:

House Bill Nos.     4070   4071   4072   4073  4074   4075   4076   4077  4078

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, January 24:

Senate Bill Nos.        59      60      61      62      63      64      65      66      67

 

 

Notices

 

 

  January 24, 2019

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

 

Dear Mr. Clerk:

I appoint Rep. Ann Bollin and Rep. Rachel Hood to the Joint Capital Outlay Subcommittee.

                                                                     Sincerely,

                                                                     Lee Chatfield, Speaker

                                                                     Michigan House of Representatives

 

 

______

 

 

Rep. Whiteford moved that the House adjourn.

The motion prevailed, the time being 12:55 p.m.

 

The Speaker declared the House adjourned until Tuesday, January 29, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives