STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

100th Legislature

REGULAR SESSION OF 2019

House Chamber, Lansing, Wednesday, February 6, 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—excused 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 Codrigus R. Alexander, Pastor of Christian Tabernacle Church in Southfield, offered the following invocation:

“Eternal God our Father, the giver and keeper of Life —

We come before You today in prayer for our House of Representatives.

We ask that You give wisdom and divine inspiration to each of them, so they may represent us properly, legislate effectively, and govern with all humility.

Father, we ask that You direct the decisions made by these leaders, — Let integrity, discernment, understanding, and knowledge rule their hearts.

May they remain ethical and fair in all their dealings and judgement— living in awe and reverence of YOU, and enact legislation that honors You and ensures the continuance of our great state!

Then, let us live and increase, and be blessed in our land. In the name of The Father, Son and Holy Spirit in Jesus’ Name we pray, Amen.”

______

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

The motion prevailed.

Motions and Resolutions

THIS RESOLUTION IS OFFERED TO COMPLY WITH THE PROVISIONS OF ARTICLE V, SECTION 2 OF THE CONSTITUTION OF THE STATE OF MICHIGAN 1963.

Rep. Lower offered the following concurrent resolution:

House Concurrent Resolution No. 1.

A concurrent resolution to disapprove Executive Order No. 2019-02.

Whereas, Pursuant to Article V, Section 2 of the Constitution of the State of Michigan of 1963, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which she considers necessary for efficient administration; and

Whereas, On February 4, 2019, Governor Gretchen Whitmer issued Executive Order No. 2019-02 to establish the Department of Environment, Great Lakes, and Energy; prescribe for the administration of the Department of Environment, Great Lakes, and Energy; establish the Michigan Office of Administrative Hearings and Rules; and make transfers from the Department of Environmental Quality, Department of Licensing and Regulatory Affairs, Department of Natural Resources, and Department of Technology, Management and Budget; and

Whereas, The Legislature remains committed to and joins the Governor in ensuring the health and safety of Michigan’s citizens and families with an environment that is clean, energy needs that are met, and drinking water that is safe; and

Whereas, Pursuant to Article V, Section 2, the legislature may disapprove an executive order reorganizing the executive branch or making changes in the assignment of functions among its units, within 60 calendar days of a regular session, by a resolution concurred in by a majority of the members elected to and serving in each house; and

Whereas, Executive Order No. 2019-02 seeks to abolish the Environmental Rules Review Committee, Environmental Permit Review Commission, and Environmental Science Advisory Board created under Public Acts 267, 268, 269 of 2018; and

Whereas, It is the position of this Legislature that said entities created by legislation ought not be abolished by executive decree; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, pursuant to Article V, Section 2 of the Constitution of the State of Michigan of 1963, we disapprove Executive Order No. 2019-02; and be it further

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

The concurrent resolution was referred to the Committee on Government Operations

______

Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

Reports of Standing Committees

The Committee on Government Operations, by Rep. Sheppard, Chair, reported

House Concurrent Resolution No. 1.

A concurrent resolution to disapprove Executive Order No. 2019-02.

(For text of concurrent resolution, see today’s Journal, p. 100.)

With recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheppard, Cole and Lilly

Nays: Reps. Greig and Rabhi

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheppard, Chair, of the Committee on Government Operations, was received and read:

Meeting held on Wednesday, February 6, 2019

Present: Reps. Sheppard, Cole, Lilly, Greig and Rabhi

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, February 6, 2019

Present: Reps. Bellino, Wendzel, Alexander, Frederick, Lower, Filler, Markkanen, Mueller, O’Malley, Schroeder, Lasinski, Sneller, Tyrone Carter, Haadsma, Kuppa, Manoogian and Shannon

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, February 6, 2019

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, February 6, 2019

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

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 6, 2019

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

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 6, 2019

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

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 6, 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. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on Wednesday, February 6, 2019

Present: Reps. Farrington, Schroeder, Sheppard, Bellino, Berman, Wakeman, Gay-Dagnogo, Wittenberg, Clemente, Stone and Whitsett

The Speaker laid before the House

House Concurrent Resolution No. 1.

A concurrent resolution to disapprove Executive Order No. 2019-02.

(For text of concurrent resolution, see today’s Journal, p. 100.)

(The concurrent resolution was reported by the Committee on Government Operations on February 6.)

The question being on the adoption of the concurrent resolution,

Rep. Rabhi moved to substitute (H-2) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 1.

A concurrent resolution to approve Executive Order No. 2019-02.

Whereas, Abolishing the Environmental Rules Review Committee, Environmental Science Advisory Board, and the Environmental Permit Review Commission will allow the Legislature to signal its strong commitment to resolving the PFAS crisis and ensure safe and clean drinking water for the residents of this state; and

Whereas, It is the position of this Legislature that said entities created by legislation ought to be abolished by executive decree; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, pursuant to Article V, Section 2 of the Constitution of the State of Michigan of 1963, we approve Executive Order No. 2019-02; and be it further

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

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

The question being on the adoption of the concurrent resolution,

Rep. Rabhi demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 4 Yeas—58

Afendoulis Frederick LaFave Rendon

Albert Glenn Leutheuser Schroeder

Alexander Green Lightner Sheppard

Allor Griffin Lilly Slagh

Bellino Hall Lower VanSingel

Berman Hauck Maddock VanWoerkom

Bollin Hernandez Marino Vaupel

Brann Hoitenga Markkanen Wakeman

Calley Hornberger Meerman Webber

Chatfield Howell Miller Wendzel

Cole Huizenga Mueller Wentworth

Crawford Iden O’Malley Whiteford

Eisen Inman Paquette Wozniak

Farrington Johnson, S. Reilly Yaroch

Filler Kahle

Nays—51

Anthony Garrett Kennedy Robinson

Bolden Garza Koleszar Sabo

Brixie Gay-Dagnogo Kuppa Shannon

Cambensy Greig LaGrand Sneller

Camilleri Guerra Lasinski Sowerby

Carter, B. Haadsma Liberati Stone

Carter, T. Hammoud Love Tate

Cherry Hertel Manoogian Warren

Chirkun Hoadley Neeley Whitsett

Clemente Hood Pagan Wittenberg

Coleman Hope Peterson Witwer

Elder Johnson, C. Pohutsky Yancey

Ellison Jones Rabhi

In the Chair: Chatfield

______

Rep. Chirkun, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

In regards to HCR-1 For too long, Michiganders haven’t had an advocate in state government fighting for their access to clean, safe drinking water.

By creating the office of the Clean Water Public Advocate and the Environmental Justice Public Advocate, Governor Whitmer has proven that she’s ready to get to work cleaning up our drinking water.

She’s also signed an executive directive to strengthen the PFAS Action Response Team.

Because right now, too many communities in Michigan can’t drink their water because of PFAS contamination, and we’ve got to get to work tackling that problem for the sake of thousands of Michiganders.

I’m glad the governor stayed true to the promises she made on the campaign trail to protect our water and thats why I am voting No on this resolution.”

Rep. Cherry, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I voted no on HCR 1 as this resolution would reject Executive Order No. 2019-02. Executive Order No. 2019-02 contains a number of reforms within DEQ that are vital to the residents of my district. The residents of the 49th house district have suffered when our state government has not adhered to the principles of environmental justice. Residents across our state need someone to help ensure that the water they rely on is free from contaminants such as lead or PFAS. Executive Order No. 2019-02 creates a clean water public advocate and an environmental justice public advocate, both necessary reforms to protect the residents of our State. This executive order should not be overturned.”

Rep. Hood, having reserved the right to explain her nay vote, made the following statement:

“Mr. Speaker and members of the House:

I voted no to this resolution because I believe the Governor’s authority allows her to reorganize state departments and abolish and/or establish advisory bodies per Article 5, Sec 2 of Michigan’s constitution. Further, that these panels could be re-established under the discretion of the Director of the Department of Environmental Quality, without disrupting the Governor’s executive orders, and within the 60 day period in which the legislature can comment and negotiate. And finally, because the people of Michigan have spoken clearly that they want a stronger Department of Environmental Quality to protect our water resources. Any effort against those wishes, or to slow down the administration’s progress toward those ends, defies the public trust in this elected body.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Peterson, Clemente, Gay-Dagnogo, Haadsma, Hoadley, Kuppa, Shannon, Sowerby, Stone, Whitsett and Wittenberg and Sowerby offered the following resolution:

House Resolution No. 18.

A resolution to declare February 2019 as School-Based Health Care Awareness Month in the state of Michigan.

Whereas, Michigan’s school-based and school-linked health centers (also known as child and adolescent health centers) have been delivering comprehensive primary healthcare, mental health care, and prevention services for over 30 years; and

Whereas, There are over 125 school-based and school-linked health centers and programs in the state of Michigan delivering a range of primary, preventive, early intervention, and mental health services to children and youth of all grade levels in urban, rural, and suburban schools across the state; and

Whereas, Children and youth served by school-based and school-linked health centers show improved rates of school attendance, enhanced scores on standardized tests, less absenteeism due to illness, and increased immunization rates, while having their wellness and health care needs addressed; and

Whereas, School-Based Health Care Awareness Month is a time to acknowledge the commitment and passion that school-based health center staff and parent/guardians show for all Michigan children and youth. We also recognize the critical role they play in improving the health and well-being of all Michigan children; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2019 as School-Based Health Care Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sneller, Cherry, Ellison, Stone, Brenda Carter, Cynthia Johnson, Lasinski, Hood, Gay-Dagnogo, Witwer, Love, Hertel, Sowerby, Chirkun, Shannon, Neeley, Kennedy, Garza, Sabo, Brixie, Cambensy, Wittenberg, Manoogian, Haadsma, Peterson, Garrett, Kuppa, Hope, Camilleri, Byrd, Pagan, Yancey, Clemente, Jones, Anthony, Guerra, Rabhi, Howell, Mueller, Frederick, Elder, Coleman, Hoadley and Whitsett offered the following resolution:

House Resolution No. 19.

A resolution to declare February 11, 2019, as White Shirt Day in the state of Michigan.

Whereas, We recognize Michigan’s members of the United Auto Workers (UAW) as they gather to mark the 82nd anniversary of their first contract with General Motors. This anniversary is a reflection of extreme sacrifice, commitment, and determination of those first UAW members who paved the way for higher pay and improved benefits that have created a positive atmosphere for all of America’s working men and women. We remember those historic members on this anniversary; and

Whereas, On February 11, 2019, UAW members and retirees will wear white shirts to commemorate the anniversary of the end of the famous Flint Sit-Down Strike in 1937. While the members of this distinguished organization celebrate the 82nd anniversary of this event, we offer our thanks for the outstanding contributions they have made to the Flint community, our state, and our nation; and

Whereas, The origin of the UAW’s White Shirt Day can be traced back to 1948 when Bert Christensen, a member of Local 598, first suggested it. His idea was to ask that workers wear the white shirts traditionally worn by managers to show the company that they were equally important to the business. The shirts represent equal respect and treatment for blue-collar workers and the unity and strength of UAW members; and

Whereas, With ceremonies to celebrate its history, the members and officers of the UAW will remember the vision of its founders and the commitment of its workers that have brought them to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which United Auto Workers will continue to serve the working men and women of this great country; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 11, 2019, as White Shirt Day in the state of Michigan. We commemorate the 82nd anniversary of the first United Auto Workers contract with General Motors and commend everyone who has contributed to the UAW’s success. We applaud their accomplishments and thank them for helping to strengthen and build Michigan’s communities, workforce, and economy.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 5:

House Bill Nos. 4120 4121 4122 4123 4124 4125 4126 4127 4128

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 6:

Senate Bill Nos. 87 88 89

Introduction of Bills

Reps. LaFave, Tyrone Carter, Bolden and Filler introduced

House Bill No. 4129, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 35 (MCL 791.235), as amended by 2018 PA 339.