STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

100th Legislature

REGULAR SESSION OF 2019

House Chamber, Lansing, Tuesday, April 23, 2019.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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 Orvella Davis, Director of United Communities of America, offered the following invocation:

“Dear Heavenly Father, Creator of all things,

We Your children, are gathered here today because You have blessed us.

You have empowered and entrusted us with an immense task to manage earthly affairs of mankind.

For this we are thankful. We call upon You today, asking for that, which only You can provide.

We ask You bodily strength, good health, and endurance to meet our physical requirements necessary for this task,

We ask You emotional strength and maturity to handle areas of disagreement in a diplomatic manner, necessary for this task,

We ask for Patience, for with all solutions, there is a process, help us to wait,

We ask for mental stability to handle the unexpected and to handle the things we cannot control

and Father we ask for Wisdom.... We are encompassed with information overload, and more than ever...we need Your wisdom. Help us to not be more confused, but to process facts and information in a way that makes sense, give us a right mind to serve our fellowman with integrity and benefit.

More than anything, Father, make us one with Your Spirit,...of Love, and of Understanding, of grace and long suffering with one another, that we the people in order to form a more perfect union, at the end of the day, will honor the awesome privilege to serve Your great purpose in a way that pleases You.

This we sincerely and humbly ask in the name of Your son and our Savior Jesus Christ, Amen.”

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The Speaker assumed the Chair.

Third Reading of Bills

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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays as follows:

Roll Call No. 53 Yeas—106

Afendoulis Filler Kahle Rendon

Albert Frederick Kennedy Robinson

Alexander Garrett Koleszar Sabo

Allor Garza Kuppa Schroeder

Anthony Gay-Dagnogo LaGrand Shannon

Bellino Glenn Lasinski Sheppard

Berman Green Leutheuser Slagh

Bolden Greig Liberati Sneller

Brann Griffin Lightner Sowerby

Brixie Guerra Lilly Stone

Byrd Haadsma Love Tate

Calley Hammoud Lower VanSingel

Cambensy Hauck Maddock VanWoerkom

Camilleri Hernandez Manoogian Vaupel

Carter, B. Hertel Marino Wakeman

Carter, T. Hoadley Markkanen Warren

Chatfield Hoitenga Meerman Webber

Cherry Hood Miller Wendzel

Chirkun Hope Mueller Wentworth

Clemente Hornberger Neeley Whiteford

Cole Howell O’Malley Whitsett

Coleman Huizenga Pagan Wittenberg

Crawford Iden Paquette Witwer

Eisen Inman Peterson Wozniak

Elder Johnson, C. Pohutsky Yancey

Ellison Johnson, S. Rabhi Yaroch

Farrington Jones

Nays—4

Bollin Hall LaFave Reilly

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Cole moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Farrington, Haadsma, Kuppa, Pagan, Sneller and Stone offered the following resolution:

House Resolution No. 74.

A resolution to declare April 21-29, 2019, as Financial Literacy Week in the state of Michigan.

Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and

Whereas, Financial literacy and learning these skills at an early age encourages greater economic self-sufficiency, higher levels of successful homeownership, and enhanced retirement security, particularly among low-and moderate-income citizens; and

Whereas, The trend over the past decade has seen declining personal savings rates, increased bankruptcy filing, soaring home foreclosures, and rising percentages of family income devoted to servicing household debt; and

Whereas, Both during times of strong and decreasing economic conditions, personal financial education and money management skills are crucial to ensure that our young people are prepared to manage credit and debt and become responsible workers, heads of households, homeowners, investors, entrepreneurs, business leaders, and productive citizens; and

Whereas, The young people of our state represent Michigan’s single greatest resource who, in the years ahead, will assume leadership positions and responsibility for advancement of our society; and

Whereas, According to the Federal Deposit Insurance Corporation (FDIC), over 25 percent of households are unbanked or underbanked and, subsequently have missed opportunities for savings, lending, and basic financial services; and

Whereas, One in five Michigan households are unbanked or underbanked; and

Whereas, According to the Consumer Financial Literacy Survey Final Report of the National Foundation for Credit Counseling, 45 percent of adults living in the United States gave themselves a grade of C, D, or F on their knowledge of personal finance; and

Whereas, Michigan financial institutions understand that an educated consumer is the best consumer and that financially savvy individuals will use and get the most from financial services and products throughout their lives; and

Whereas, Financial Literacy Week highlights the commitment of Michigan financial institutions to strengthen the financial knowledge of our youth and to prepare them for a fiscally-responsible future; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 21-29, 2019, as Financial Literacy Week in the state of Michigan. We encourage raising public awareness about the need for increased financial literacy in our schools, among our children, and with adults throughout the state. This will help address the serious problems that are associated with a lack of understanding of personal finances; and be it further

Resolved, That we call on each parent, school, business, financial institution, community organization, and unit of government to observe the week with appropriate programs and activities.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

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 bill was read a second time.

Rep. Wentworth moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Brixie moved to amend the bill as follows:

1. Amend page 2, line 16, after “seized” by inserting a comma and “the city or township attorney for the local unit of government in which the property was seized if the city or township attorney is actively handling a case involving or related to the property,”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Cole 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 and joint resolution had been reproduced and made available electronically on Thursday, April 18:

House Bill Nos. 4474 4475 4476 4477 4478 4479 4480 4481 4482 4483 4484

House Joint Resolution G

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, April 23:

Senate Bill Nos. 278 279 280

The Clerk announced that the following bills had been received on Tuesday, April 23:

Senate Bill Nos. 19 106 155 173

Reports of Standing Committees

The Committee on Education, by Rep. Hornberger, Chair, referred

Senate Bill No. 122, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as amended by 2018 PA 235.

to the Committee on Ways and Means.

Favorable Roll Call

To Refer:

Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

Nays: Rep. Hall

The bill was referred to the Committee on Ways and Means.

The Committee on Education, by Rep. Hornberger, Chair, referred

Senate Bill No. 202, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249b (MCL 380.1249b), as added by 2015 PA 173.

to the Committee on Ways and Means.

Favorable Roll Call

To Refer:

Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

Nays: Rep. Hall

The bill was referred to the Committee on Ways and Means.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 23, 2019

Present: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4031, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II and sections 1 and 3c of chapter XI (MCL 762.13, 771.1, and 771.3c), section 13 of chapter II as amended by 2015 PA 33, section 1 of chapter XI as amended by 2006 PA 631, and section 3c of chapter XI as amended by 2002 PA 483.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden

Nays: None

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4032, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 25a, 36a, and 85 (MCL 791.225a, 791.236a, and 791.285), sections 25a and 36a as amended by 2002 PA 502 and section 85 as added by 2006 PA 172.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 23, 2019

Present: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4048, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 123 (MCL 450.2123), as amended by 2014 PA 557.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

Nays: None

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4049, entitled

A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 19.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

Nays: None

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4120, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 10 of chapter IV (MCL 224.10), as amended by 2004 PA 516.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

Nays: None

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4152, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA 136.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

Nays: None

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4153, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2803 (MCL 333.2803), as amended by 2012 PA 499.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Iden, Chair, of the Committee on Ways and Means, was received and read:

Meeting held on: Tuesday, April 23, 2019

Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Tuesday, April 23, 2019

Present: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon

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, April 23, 2019

Present: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFave, Chair, of the Committee on Military, Veterans and Homeland Security, was received and read:

Meeting held on: Tuesday, April 23, 2019

Present: Reps. LaFave, Mueller, Afendoulis, Markkanen, Jones, Chirkun, Tyrone Carter and Manoogian

Absent: Rep. Marino

Excused: Rep. Marino

Messages from the Senate

Senate Bill No. 19, entitled

A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 2011 PA 106.

The Senate has passed the bill.

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

Senate Bill No. 106, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236.

The Senate has passed the bill.

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

Senate Bill No. 155, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” (MCL 722.641 to 722.645) by adding sections 2b and 2c.

The Senate has passed the bill.

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

Senate Bill No. 173, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676d (MCL 257.676d), as added by 2014 PA 303.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Glenn introduced

House Bill No. 4485, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1081.

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

Reps. Howell and Eisen introduced

House Bill No. 4486, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as amended by 2013 PA 82.

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

Rep. Bellino introduced

House Bill No. 4487, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811hh.

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

Reps. Iden, Warren, LaGrand, Leutheuser, Chirkun, Gay-Dagnogo and Sowerby introduced

House Bill No. 4488, entitled

A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 338.41, 338.42, 338.43, 338.44, 338.45, 338.46, and 338.47), section 2 as amended by 2014 PA 361.