STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

100th Legislature

REGULAR SESSION OF 2019

House Chamber, Lansing, Wednesday, March 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—excused

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

Dr. Manish Mehta, of the Jain Society of Greater Detroit in Farmington Hills, offered the following invocation:

“I offer humble greetings to the five auspicious entities of the Jain Faith (the Arihantas, Siddhas, Acharyas, Upadhyayas and Sadhus). May the virtues of these five entities guide me to progress spiritually and achieve the goal of total salvation (i.e., freedom from the cycle of life and death).

Namaskar Maha Mantra (The Basic Salutation Prayer of the Jain Faith)

Namo Arihantanam: I bow down to Arihantas, and seek inspiration from those souls who having gained total victory over themselves, have shown us the path to liberation,

Namo Siddhanam: I bow down to Siddhas, and seek inspiration from all perfect, pure and liberated souls,

Namo Ayariyanam: I bow down to Acharyas, and seek inspiration from the heads of the religious orders,

Namo Uvajjhayanam: I bow down to Upadhyayas, and seek inspiration from the teachers of the scriptures,

Namo Loe Savva-sahunam: I bow down to Sadhus and Sadhvis, and seek inspiration from all the ascetic monks and nuns in the world.

Eso Panch Namokaro: My salutations and acts of humility towards these five types of great souls,

Savva-pavappanasano: Will diminish and destroy all my sins,

Manglananch Savvesim: Amongst all that is auspicious,

Padhamam Havei Mangalam: This Navkar Mantra is the foremost to bring happiness and peace.

Matri Bhavana Prayer

Let the stream of true unselfish friendship flow thru my heart

Let my feelings be stronger for the happiness and peace of all living beings

Let my awareness be fresh to appreciate the virtues of all living beings

Let me bow down and offer respect to the Saints of pure hearts

Let my heart be softer towards the people who are less fortunate and who have lack of faith

Let my eyes of compassion be full of tears for them

Let my heart be filled with equanimity for those who are lost in this materialistic world and to those who even ignore my guidance

The composer of this prayer recital Gurudev Chitrabhanu guides us to keep this faith in our hearts and live peacefully.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Alexander, VanWoerkom, Lightner, Kennedy, Frederick, Mueller, Elder, Marino, Green, Howell, Griffin, Wendzel, Slagh, Coleman, Kahle, Calley, Leutheuser, Clemente, Love, Hope, Jones, Sabo, Stone, Warren and Whitsett offered the following resolution:

House Resolution No. 43.

A resolution to declare March 13, 2019, as Agriculture Day in the state of Michigan.

Whereas, Each year, states across the nation recognize March as a time to celebrate the importance of food and agriculture as a significant contributor to the national economy; and

Whereas, The Michigan food and agriculture industry contributes more than $104.7 billion annually to the state’s economy and is a major source of employment for the state’s workforce, supporting approximately 805,000 jobs, which is roughly 17.2 percent of the state’s workforce; and

Whereas, Michigan’s food and agriculture sector is the second most diverse in the country with nearly 51,000 farms, 99 percent of which are family-owned, farming nearly 10 million acres of farmland and commercially producing more than 300 food and agricultural commodities. The state is the largest producer of asparagus, tart cherries, cucumbers, squash, Niagara grapes, and two varieties of dry beans – black and cranberry; and ranks in the top ten for 29 additional commodities, including apples, sugar beets, potatoes, blueberries and celery; and

Whereas, We are a major dairy state, ranking sixth nationally in pounds of milk produced. Dairy is the leading segment of Michigan’s agriculture economy, with an economic impact of $15.7 billion, contributing 27 percent of the total cash receipts and generating nearly 40,000 jobs, directly and indirectly, both on and off the farm; and

Whereas, The industry supports more than 300 farmers markets in communities across the state, produces hops that have helped to grow more than 300 breweries and has long supported the nearly 150 wineries that call the Great Lakes State home; and

Whereas, Michigan exports about one-third of its agricultural commodities each year, generating nearly $2.12 billion. Almost 52 percent of Michigan’s agricultural exports go directly to Canada, our number one export market, and rounding out the top countries eager for Michigan-grown products are China, Mexico, Japan, and Thailand; and

Whereas, Food processing is a large contributor to the state’s economy. Michigan is home to more than 3,283 licensed food processing facilities and warehouses that employ more than 30,000 residents and generate more than $30 billion in economic activity; and

Whereas, Michigan is home to the nation’s pioneer land-grant university, Michigan State University, where the Colleges of Agriculture and Natural Resources and Veterinary Medicine, in partnership with the industry and the Michigan Department of Agriculture & Rural Development, provide research, education, and support for the growth of production agriculture and agribusinesses; and

Whereas, Michigan’s food and agricultural sector continues to be a growing industry offering new business and career opportunities for Michiganders, making food and agriculture a cornerstone of Michigan’s continued prosperity; and

Whereas, During the month of March we celebrate National Agricultural Week and Michigan Food and Agriculture Month; Agriculture Day at the Capitol is March 13; Michigan State University hosts the State FFA Convention as well as Agriculture and Natural Resources Week, now, therefore, be it

Resolved by the House of the Representatives, That the members of this legislative body declare March 13, 2019, as Agriculture Day in the state of Michigan. We encourage all citizens to recognize and celebrate this momentous occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4055, entitled

A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 109 (MCL 560.109), as amended by 2017 PA 196.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Ways and Means,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Slagh moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4060, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1083.

The bill was read a second time.

Rep. Love moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

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

The motion prevailed.

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 Tuesday, March 12:

House Bill Nos. 4313 4314 4315 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 4335 4336 4337 4338 4339 4340 4341

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

Senate Bill Nos. 203 204 205 206

Reports of Standing Committees

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

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.

to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

Favorable Roll Call

To Refer:

Yeas: Reps. Lower, Marino, Crawford, Calley, Howell, Eisen, Meerman and Paquette

Nays: Reps. Ellison, Sowerby, Garza, Hope and Kuppa

The bill and substitute were 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, March 13, 2019

Present: Reps. Lower, Marino, Crawford, Calley, Howell, Eisen, Meerman, Paquette, Ellison, Sowerby, Garza, Hope and Kuppa

The Committee on Energy, by Rep. Bellino, Chair, reported

House Resolution No. 41.

A resolution to oppose the Green New Deal as outlined in U.S. House Resolution 109 and U.S. Senate Resolution 59 and encourage our national leaders to pursue smarter evidence-based regulatory practices.

(For text of resolution, see House Journal No. 25, p. 240.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bellino, Wendzel, Alexander, Frederick, Lower, Filler, Markkanen, Mueller and O’Malley

Nays: Reps. Lasinski, Sneller, Tyrone Carter, Haadsma, Kuppa, Manoogian and Shannon

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 13, 2019

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

Absent: Rep. Schroeder

Excused: Rep. Schroeder

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, March 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. Alexander, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Wednesday, March 13, 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. Afendoulis, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 13, 2019

Present: Reps. Afendoulis, Lower, Vaupel, Webber, Farrington, Steven Johnson, Hall, O’Malley, Yancey, Wittenberg, Ellison, Lasinski, Robinson and Whitsett

Absent: Rep. Schroeder

Excused: Rep. Schroeder

Notices

March 12, 2019

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

PO Box 30014

Lansing, MI 48909

Dear Mr. Clerk,

Pursuant to Public Act 94 of 1979, I am appointing the following members of the Michigan House of Representatives to the MiSTEM Advisory Council for a term ending December 31, 2020:

Representative Brad Paquette (R)

Representative Padma Kuppa (D)

If you have any questions or concerns, please do not hesitate to contact my office.

Sincerely,

Lee Chatfield

Speaker

Michigan House of Representatives

Introduction of Bills

Reps. Paquette and LaFave introduced

House Bill No. 4342, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2018 PA 418.

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

Reps. Hoadley, Hertel, Yaroch, Stone, Elder, Sabo, Cherry, Cynthia Johnson, Sowerby, Ellison, Sneller, Hood, Shannon, Manoogian, Wittenberg, Brenda Carter, Kennedy, Cambensy, Clemente, Coleman, Wozniak, Schroeder, Brixie, Jones and Love introduced

House Bill No. 4343, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2018 PA 315.

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

Reps. Hertel, Hoadley, Stone, Elder, Sabo, Cherry, Cynthia Johnson, Yaroch, Sowerby, Ellison, Sneller, Hood, Shannon, Manoogian, Wittenberg, Kennedy, Brenda Carter, Cambensy, Clemente, Coleman, Wozniak, Schroeder, Brixie, Jones and Love introduced

House Bill No. 4344, 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 Insurance.

Reps. Garrett, Byrd, LaGrand, Cynthia Johnson, Kennedy, Brenda Carter, Garza, Tyrone Carter, Lasinski, Neeley, Ellison, Stone, Vaupel, Liberati, Wittenberg, Gay-Dagnogo, Haadsma, Cambensy, Elder, Brann, Calley, Chirkun, Sneller, Hoadley and Rabhi introduced

House Bill No. 4345, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20912 (MCL 333.20912), as amended by 2000 PA 375.

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

Reps. Jones, Haadsma, Byrd, Vaupel, Tyrone Carter, Berman, Sneller, Hertel, Calley, Peterson, Brann, Mueller, Chirkun, Cherry, Hoadley, Rabhi and Coleman introduced

House Bill No. 4346, entitled

A bill to amend 2014 PA 462, entitled “An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances,” by amending the title and sections 2, 3, and 4 (MCL 28.542, 28.543, and 28.544).

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

Rep. Hoadley introduced

House Bill No. 4347, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 95a, 98, 99h, 99s, 101, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 160, 201, 206, 207a, 207b, 207c, 209, 209a, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 242, 245, 251, 252, 256, 263, 264, 265, 265a, 265b, 265d, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1760, 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810b, 388.1817, 388.1825, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1851, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865d, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874c, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1889), sections 4 and 8b as amended and section 160 as added by PA 108 of 2017, sections 6, 11, 18, 31a, 31j, 32d, 35a, 39a, 99h, 101, and 265 as amended and section 31n as added by PA 586 of 2018 sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31d, 31f, 32p, 39, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 98, 99s, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended and sections 54d, 209a, 265b, and 265d as added by PA 265 of 2018, section 95a as amended by PA 85 of 2015, section 242 as amended by PA 201 of 2012, and by adding sections 28 and 231; and to repeal acts and parts of acts.

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

Rep. Hoadley introduced

House Bill No. 4348, entitled

A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2020; to provide anticipated appropriations for the fiscal year ending September 30, 2021; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations.

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

Reps. Allor, Bellino, Lower, Hoitenga, Brann, Lightner, Griffin, Markkanen, Green, Crawford and O’Malley introduced

House Bill No. 4349, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 42b.

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

Reps. Yancey, Elder, Ellison, Tyrone Carter, Kuppa, Kennedy, Gay-Dagnogo, Cynthia Johnson, Haadsma, Cambensy, Byrd, Pohutsky, Love, Hammoud, Hope, Sabo, Bolden, Sneller, Hertel, Pagan, Shannon, Garza, Brenda Carter, Lasinski, LaGrand, Garrett, Jones, Rabhi, Coleman and Robinson introduced

House Bill No. 4350, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 4037 (MCL 500.4037), as amended by 1994 PA 226.

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

Reps. LaGrand, Rabhi, Haadsma, LaFave, Howell, Neeley, Garrett, Yancey, Peterson, Brann, Steven Johnson, VanSingel, Kennedy, Cynthia Johnson, Brenda Carter, Garza, Tyrone Carter, Pohutsky, Lasinski, Sabo, Sowerby, Hoadley and Hertel introduced

House Bill No. 4351, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6 of chapter V (MCL 765.6), as amended by 2004 PA 167.