STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2019
House Chamber, Lansing, Tuesday, January 29, 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—excused 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. Kent Rottman, Pastor of Lee Street Christian Reformed Church in Wyoming, offered the
following invocation:
“God and Father of all life, love and
freedom. We are grateful to You for these gifts and we earnestly desire to
secure them for those we serve in our state, communities and homes. You call us
to live in community with each other and teach us to love one another as You
love us. Inspire our representatives on this day and every day with a vision of
what our state and communities ought to be where love of neighbor and concern
for others drives out discontent and discord, anxiety and fear.
We pray for all in positions of authority
to look not only to their own interests but also to the interest of others. Help
our representatives to work together with one heart and one will with empathy
and understanding to serve the common good of the citizens of our great state.
Reveal Your will upon the minds and hearts
here today so that the discussions and decisions may be valuable, sensible, and
functional serving the greater good of the communities these representatives
serve. We thank You for their service in this important role You have called
them to fill.
May You, Almighty God, bless these
legislators with wisdom and discernment, humility and grace to act justly and
love mercy and walk humbly with You the Teacher of all that is just and
merciful. As far as it depends on each of us may we live at peace with one
another.
We pray these things in the name of the
Father, Son, and Holy Spirit. Amen.”
______
Rep. Rabhi moved that Rep. Elder be excused
from today's session.
The motion prevailed.
______
The Speaker called the Speaker Pro Tempore to
the Chair.
Motions
and Resolutions
Reps. LaFave, Markkanen and Cambensy offered
the following resolution:
House
Resolution No. 14.
A resolution to encourage the construction of
a peaking power plant in the Upper Peninsula.
Whereas, Some residents of the Upper Peninsula
pay energy costs significantly higher than the rest of the state; and
Whereas, The construction of a new power plant
in the eastern Upper Peninsula would decrease the cost of electricity
transmission, increase grid reliability, allow for greater economic
development, create jobs, and add to the tax base; and
Whereas, With the assistance of the
Midcontinent Independent System Operator (MISO), Michigan has identified a
location in the Upper Peninsula where the construction and operation of an
additional natural gas-fired peaking power plant would lead to lower overall
electricity costs and enhance grid reliability, while requiring minimal further
infrastructure investment; and
Whereas, Cloverland Electric Cooperative has
indicated to MISO that it is exploring the construction of a peaking power
plant in the Upper Peninsula; now, therefore, be it
Resolved by the House of Representatives, That
we encourage electric utilities to continue to expeditiously explore the
construction of a peaking power plant in the Upper Peninsula; and be it further
Resolved, That we encourage the Michigan
Agency for Energy and Michigan Public Service Commission to provide any
technical assistance needed during the exploration and construction of a
peaking power plant in the Upper Peninsula; and be it further
Resolved, That we encourage MISO to prioritize
and expedite any request to approve the construction of a peaking power plant
in the Upper Peninsula; and be it further
Resolved, That copies of this resolution be
transmitted to the Executive Director of the Michigan Agency for Energy, the
commissioners of the Michigan Public Service Commission, and the Chief
Executive Officer of the Midcontinent Independent System Operator.
The resolution was referred to the Committee
on Energy.
Introduction of Bills
Reps. Sowerby, Ellison, Wittenberg,
Hood, Pohutsky, Robinson, Love, Shannon, Brenda Carter, Chirkun, Pagan,
Clemente, Bolden, Hammoud, Peterson, Hoadley, Haadsma, Rabhi and Cynthia
Johnson introduced
House Bill No. 4096, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 3109 and 3115
(MCL 324.3109 and 324.3115), section 3109 as amended by 2014 PA 536 and section
3115 as amended by 2004 PA 143.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Rendon, Slagh, Calley, Howell, Stone,
Crawford, Chirkun, Frederick, Leutheuser, Allor and Gay‑Dagnogo introduced
House Bill No. 4097, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license
the selling, purchasing, possessing, and carrying of certain firearms, gas
ejecting devices, and electro-muscular disruption devices; to prohibit the
buying, selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other authorization;
to provide for the forfeiture of firearms and electro-muscular disruption
devices under certain circumstances; to provide for penalties and remedies; to
provide immunity from civil liability under certain circumstances; to prescribe
the powers and duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to carry a
concealed pistol; to make appropriations; to prescribe certain conditions for
the appropriations; and to repeal all acts and parts of acts inconsistent with
this act,” by amending sections 1, 5b, and 5o (MCL 28.421, 28.425b, and
28.425o), as amended by 2017 PA 95.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 4098,
entitled
A bill to amend 1978 PA
368, entitled “Public health code,” by amending sections 21903, 21905, 21907,
21909, 21911, 21913, 21915, 21919, 21921, and 21923 (MCL 333.21903, 333.21905,
333.21907, 333.21909, 333.21911, 333.21913, 333.21915, 333.21919, 333.21921,
and 333.21923), as added by 2017 PA 172.
The bill was read a first time by its title and referred to the Committee on Health Policy.
House Bill No. 4099, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.
The bill was read a first time by its title and
referred to the Committee on Government Operations.
Reps. Frederick, Wendzel, Anthony, LaGrand,
Marino, Elder, Mueller, Guerra and VanSingel introduced
House Bill No. 4100, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 266a and 675.
The bill was read a first time by its title and
referred to the Committee on Tax Policy.
Reps. Frederick, Chirkun, Ellison, Hoitenga,
Lower and Huizenga introduced
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).
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
Reps. Marino, Farrington, Berman, LaFave and
Wittenberg introduced
House Bill No. 4102, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 49 (MCL 750.49), as amended by 2018
PA 461.
The bill was read a first time by its title and
referred to the Committee on Financial Services.
Reps. Guerra, Farrington, Marino, Berman,
LaFave and Wittenberg introduced
House Bill No. 4103, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 157m (MCL 750.157m), as amended by
1988 PA 335.
The bill was read a first time by its title and
referred to the Committee on Financial Services.
Reps. LaFave, Guerra, Farrington, Marino,
Berman and Wittenberg introduced
House Bill No. 4104, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by
2014 PA 300.
The bill was read a first time by its title and
referred to the Committee on Financial Services.
Reps. Berman, Farrington, Guerra, Marino,
LaFave and Wittenberg introduced
House Bill No. 4105, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 174 (MCL 750.174), as amended by 2006
PA 573.
The bill was read a first time by its title and
referred to the Committee on Financial Services.
Reps. Wittenberg, Farrington, Berman, Guerra,
Marino and LaFave introduced
House Bill No. 4106, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 248 (MCL 750.248), as amended by 2011
PA 206.
The bill was read a first time by its title and
referred to the Committee on Financial Services.
Reps. Farrington, Berman, Guerra, Marino,
LaFave and Wittenberg introduced
House Bill No. 4107, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 411j (MCL 750.411j), as amended by
2009 PA 82.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Reps. Hauck, Griffin, Ellison, Yaroch,
Chirkun, Inman and Kennedy introduced
House Bill No. 4108, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.
The bill was read a first time by its title and
referred to the Committee on Families, Children, and Seniors.
Reps. Guerra and Ellison introduced
House Bill No. 4109, entitled
A bill to amend 1939 PA 288, entitled “Probate
code of 1939,” by amending section 13a of chapter XIIA
(MCL 712A.13a), as amended by 2016 PA 191.
The bill was read a first time by its title and
referred to the Committee on Families, Children, and Seniors.
House Bill No. 4110, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending section 522 (MCL 206.522), as amended by 2015 PA
179.
The bill was read a first time by its title and
referred to the Committee on Tax Policy.
House Bill No. 4111, 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. Vaupel, Cynthia Johnson, Leutheuser, Brann, Brixie, Bollin, Crawford, Allor, Webber, Calley, Kuppa, Wozniak,
Liberati and Hope introduced
House Bill No. 4112, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section
905a.
The bill was read a first time by its title and
referred to the Committee on Regulatory Reform.
House Bill No. 4113, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by repealing section 14 (MCL 750.14).
The bill was read a first time by its title and
referred to the Committee on Health Policy.
House Bill No. 4114, entitled
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” by amending section 33b (MCL 791.233b), as amended by 2010 PA
94.
The bill was read a first time by its title and
referred to the Committee on Health Policy.
House Bill No. 4115, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 16a of chapter XVII (MCL
777.16a), as amended by 2010 PA 97.
The bill was read a first time by its title and
referred to the Committee on Health Policy.
House Bill No. 4116, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by repealing section 40 (MCL 750.40).
The bill was read a first time by its title and
referred to the Committee on Health Policy.
House Bill No. 4117, entitled
A bill to prohibit employers from making
certain recruiting or hiring decisions based on an individual's credit history;
to prohibit employers from making certain inquiries; to prohibit certain
waivers; to prohibit retaliation; and to provide remedies.
The bill was read a first time by its title and
referred to the Committee on Financial Services.
Reps. Slagh, Ellison, Wozniak, Paquette,
Brixie, Whitsett, Chirkun and Shannon introduced
House Bill No. 4118, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 627 (MCL 257.627), as amended by 2016 PA
445.
The bill was read a first time by its title and
referred to the Committee on Transportation.
House Bill No. 4119, entitled
A bill to amend 1947 PA 359, entitled “The
charter township act,” by amending section 13a (MCL 42.13a), as amended by 2012
PA 191.
The
bill was read a first time by its title and referred to the Committee on Local
Government and Municipal Finance.
By
unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
House Bill Nos. 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088
4089 4090 4091 4092 4093 4094 4095
House Joint
Resolution C
The Clerk
announced that the following bills had been reproduced and made available
electronically on Tuesday, January 29:
Senate Bill
Nos. 68 69 70 71 72 73 74 75 76 77
78 79
Reports
of Standing Committees
The
following report, submitted by Rep. Filler, Chair of the Committee on
Judiciary, was received and read:
Meeting held on Tuesday, January 29,
2019
Present: Reps. Filler, LaFave,
Farrington, Howell, S. Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra and
Bolden
Absent: Reps. Elder and Yancey
Excused: Reps. Elder and Yancey
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Webber, Chair of the Committee on
Regulatory Reform, was received and read:
Meeting held on Tuesday, January
29, 2019
Present: Reps. Webber, Berman,
Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun,
Liberati, Cambensy, Jones, Garza and Robinson
COMMITTEE
ATTENDANCE REPORT
The following
report, submitted by Rep. Howell, Chair of the Committee on Natural Resources
and Outdoor Recreation, was received and read:
Meeting held on Tuesday, January
29, 2019
Present: Reps. Howell, Wakeman,
Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky
Messages
from the Governor
The
following message from the Governor was received January 29, 2019 and read:
No. 2019-1
Declaration
of State of Emergency
The National Weather Service has issued
multiple winter weather warnings across the State of Michigan beginning
Tuesday, January 29, 2019. These warnings predict extremely cold weather as an
Arctic airmass settles over the region and brings record or near-record low
temperatures, accompanied by gusty winds. Wind chills are predicted as low as
50 degrees below zero in many places.
Possible effects include disruptions in
travel and commerce, and the threat of frostbite, hypothermia, or even death if
proper precautions are not taken.
These extreme conditions are predicted across
the Upper and Lower Peninsulas and will extend to areas less accustomed to
extreme cold temperatures, such as the metropolitan Detroit area. Such
widespread, extreme conditions have not occurred in Michigan for many years.
Under the Emergency Management Act, 1976 PA
390, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation,
declare a state of emergency if he or she finds that an emergency has occurred
or that the threat of an emergency exists.”
Therefore, acting pursuant to the Michigan
Constitution of 1963 and Michigan law, including the Emergency Management Act,
1976 PA 390, MCL 30.401 to 30.421, I order the following:
1. A state of emergency is declared across the
State of Michigan.
2. The Emergency Management and Homeland Security
Division of the Department of State Police will coordinate and maximize all
state efforts that may be activated to state service to assist local
governments and officials and may call upon all state departments to utilize available
resources to assist consistent with the Michigan Emergency Management Plan.
3. The state of emergency is terminated when
emergency conditions no longer exist and appropriate programs have been
implemented to recover from any effects of the emergency conditions, but in no
case later than Saturday, February 2, 2019.
Dated: January 28, 2019
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
______
Rep. Wendzel moved that the House adjourn.
The motion prevailed, the time being 2:30 p.m.
The
Speaker Pro Tempore declared the House adjourned until Wednesday, January 30,
at 1:30 p.m.
GARY L.
RANDALL
Clerk
of the House of Representatives