No. 46

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Tuesday, May 14, 2019.

 

1:30 p.m.

 

The House was called to order by Associate Speaker Pro Tempore Lilly.

 

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 Nathan Dannison, Senior Pastor of First Congregational Church in Kalamazoo, offered the following invocation:

 

“Almighty God, architect of creation, bend our will and our might toward building a more just community. Call forth our gifts that we might proclaim freedom to those who are ensnared in the systems of oppression - give aid to our leaders that they might dismantle the sinful cruelties of economic injustice, to stand against the ongoing militarization of our police and private citizens alike - and the privatization of our prisons and schools for the enrichment of the privileged. Take away our worship of violence and restore us to Your own vision, Your own purpose, a people of Shalom, a people who serve one another not begrudgingly, but because the entirety of our being is to serve, and serve, and serve, and at the last, rejoice. Bless our time this evening to Your purpose, Eternal Spirit, by all Your many beautiful names we pray. Amen.”

 

 

______

 

 

The Speaker Pro Tempore assumed the Chair.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 23.

A resolution to declare this legislative body’s policy to protect life by preserving legal protections for unborn children under Michigan law and to recognize that any abortion is a tragic loss of human life.

(For text of resolution, see House Journal No. 16, p. 144.)

(The resolution was reported by the Committee on Judiciary on May 7.)

The question being on the adoption of the resolution,

 

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

Substitute for House Resolution No. 23.

A resolution to declare this legislative body’s policy to reduce infant mortality rates and ensure access to maternal and infant health care.

Whereas, High infant mortality rates are a serious concern in the state of Michigan. In 2016, Michigan’s infant mortality rate was 6.4 deaths per 1,000 live births, higher than the national figure of 5.9 infant deaths per 1,000 live births; and

Whereas, In 2017, the numbers ticked up, countering a decade of improvement, to 6.8 deaths per 1,000 live births, indicating the immediate need for additional efforts to improve maternal and infant health; and

Whereas, Disproportionate impacts on the survival of infants from racial and ethnic minority groups are particularly concerning. Among African Americans, the infant mortality rate was 13.4 per 1,000 live births compared to 4.9 for white infants. From 2013-2015, the average infant mortality rate for American Indian infants was 9.4 per 1,000 live births. Access to high quality health care plays a crucial role in reducing infant mortality and health disparities; and

Whereas, The African-American mortality rate is more than three times the rate of white mothers, which is one of the most striking of all racial disparities impacting women’s health today; now, therefore, be it

Resolved by the House of Representatives, That we declare this legislative body’s policy to reduce infant mortality rates; ensure access to comprehensive prenatal and postnatal care for women; and increase health assessments, follow-up diagnostic and treatment services, and access to preventive and child care services, as well as rehabilitative services for children and child care.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Second Reading of Bills

 

 

House Bill No. 4320, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4321, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

The bill was read a second time.

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

The motion prevailed.

 

 

______

 

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Rep. Cole moved that House Bill No. 4320 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4320, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168.

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

 

 

Roll Call No. 85                                      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                            Ellison                     Kennedy                                Robinson

Bolden                              Garza                       Koleszar                                Sabo

Brixie                                Gay-Dagnogo           Kuppa                                    Shannon

Byrd                                  Greig                       LaGrand                                Sneller

Cambensy                         Guerra                     Lasinski                                 Sowerby

Camilleri                           Haadsma                 Liberati                                  Stone

Carter, B.                           Hammoud                Love                                      Tate

Carter, T.                           Hertel                      Manoogian                             Warren

Cherry                               Hoadley                   Neeley                                   Whitsett

Chirkun                             Hood                       Pagan                                     Wittenberg

Clemente                           Hope                       Peterson                                 Witwer

Coleman                            Johnson, C.              Pohutsky                                Yancey

Elder                                 Jones                       Rabhi                                    

 

 

In The Chair: Wentworth

 

 

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.

 

 

______

 

 

Rep. Elder, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill is unconstitutional, pursuant to existing case law. To the extent future case law changes this fact, the actions herein would be barred by existing statutes.”

 

Rep. Warren, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

As many of my colleagues and constituents know, before being elected to the State Legislature in 2006, I had served for seven years as the Executive Director of MARAL Pro-Choice Michigan, which at the time was the state’s oldest and largest pro-choice organization.

Having had the opportunity to work on these critical issues both as an advocate and a legislator, I am firmly convinced that the decision about when, whether, and how to become a parent must remain firmly in the hands of a patient and her medical provider. I have spoken to countless women of all ages, who for their own intensely personal reasons have had to make the decision to terminate a pregnancy. Many of these women were already mothers; others were not. Many of these women had medical reasons to make the decision to terminate; others did not. Many had intended to become pregnant; others had not.

The only common thread which united each of their experiences was this: having made their decision, they deserved to have the medical provider most familiar with their health determine which procedure was suitable and to have that procedure performed in safe circumstances by a qualified and licensed health care provider.

I am deeply troubled that the Michigan Legislature has determined to insert its judgement where only a medical provider’s and a patient’s belong. I strongly oppose this legislation, as I would any attempt to politicize health care decisions or to infringe upon the right of each person to access a full range of reproductive health care options, including safe, legal abortion care without undue burden.”

 

Rep. Ellison, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted today in opposition to House Bill 4320. There is no medical reason to deny women and their doctors the option of using one of the safest methods of reproductive care. Make no mistake, this effort is part of a nation-wide, coordinated attack on a woman’s access to safe and legal reproductive health care.

This bill will force medical professionals to make the difficult decision between 1) offering care that is science-based, medically-appropriate, and the best option for their patients or 2) facing prison time and fines for making a decision that all of their expertise and professional work has trained them to do. That is not a dilemma that we, as elected officials, should be forcing on the medical professionals of our state. Their only concern should be taking care of their patient and offering the best advice possible allowing Michigan women the freedom to make the safest decisions for themselves and their families.

I may not be a doctor, but I am a husband, a father of three daughters and a grandfather of nine granddaughters and I trust them and their doctors to make good decisions.

And the leading medical organization on women’s health, the American College of Obstetricians and Gynecologists, is telling us that these bills serve no purpose but to put Michigan women at risk.

Laws similar to these bills in other states have been blocked, shot down and deemed unconstitutional time, and time again.

I urge my colleagues to join me in voting no on House Bill 4320, which seeks to swap reproductive care for partisan politics.”

Rep. Chirkun, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

My no vote is reflected as to the bill I feel is illegal and unconstitutional. This issue has been decided already by the US Supreme Court in Roe vs Wade.”

 

Rep. Witwer, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 4320 because each and every time the constitutionality of similar legislation has been challenged across the country, courts have been clear and unequivocal in their conclusion that it is unconstitutional. Michigan faces far too many pressing challenges today to be spending this House’s precious time on legislation that will inevitably be invalidated. We should instead spend our time, energy, and efforts working together to address those challenges. That’s what the citizens of Michigan sent us here to do and that’s what each Member of this chamber owes to our constituents.”

 

 

Rep. Cole moved that House Bill No. 4321 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4321, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

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

 

 

Roll Call No. 86                                      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                            Ellison                     Kennedy                                Robinson

Bolden                              Garza                       Koleszar                                Sabo

Brixie                                Gay-Dagnogo           Kuppa                                    Shannon

Byrd                                  Greig                       LaGrand                                Sneller

Cambensy                         Guerra                     Lasinski                                 Sowerby

Camilleri                           Haadsma                 Liberati                                  Stone

Carter, B.                           Hammoud                Love                                      Tate

Carter, T.                           Hertel                      Manoogian                             Warren

Cherry                               Hoadley                   Neeley                                   Whitsett

Chirkun                             Hood                       Pagan                                     Wittenberg

Clemente                           Hope                       Peterson                                 Witwer

Coleman                            Johnson, C.              Pohutsky                                Yancey

Elder                                 Jones                       Rabhi                                    

 

 

In The Chair: Wentworth

 

 

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.

 

 

______

 

 

Rep. Elder, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill is unconstitutional, pursuant to existing case law. To the extent future case law changes this fact, the actions herein would be barred by existing statutes. “

 

Rep. Witwer, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 4321 because each and every time the constitutionality of similar legislation has been challenged across the country, courts have been clear and unequivocal in their conclusion that it is unconstitutional. Michigan faces far too many pressing challenges today to be spending this House’s precious time on legislation that will inevitably be invalidated. We should instead spend our time, energy, and efforts working together to address those challenges. That’s what the citizens of Michigan sent us here to do and that’s what each Member of this chamber owes to our constituents.”

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Vaupel, Liberati, Frederick, Marino, Wakeman, Allor, Calley, Chirkun, Crawford, Garza, Gay‑Dagnogo, Haadsma, Jones and Lasinski offered the following resolution:

House Resolution No. 93.

A resolution to urge the Congress of the United States to allow jail and prison inmates to be eligible for Medicaid coverage.

Whereas, The Federal Medicaid Inmate Exclusion Policy (MIEP) prohibits the payment of federal Medicaid matching dollars for medical services provided to prison inmates. Medicaid will only cover the care an inmate receives in an inpatient hospital or medical institution; and

Whereas, Incarcerated individuals have been ineligible for Medicaid since the inception of the program in 1965. National prison populations have risen exponentially over the past several decades from approximately 200,000 when Medicaid began to over a million in county jails and state prisons currently; and

Whereas, The MIEP places a tremendous financial burden on states, counties, and local communities as hundreds of millions of dollars are spent annually for health care services provided in jails and prisons. Inmate health issues run the gamut from mental illness to chronic diseases, including diabetes, hypertension, kidney failure, and cancer. Furthermore, the health complexities of aging inmates increase health care costs; and

Whereas, The repeal of or a federal waiver from the exclusionary provision of MIEP would enable states and counties to seek federal matching funds for Medicaid-covered services. Furthermore, states that have expanded Medicaid under the Affordable Care Act would be reimbursed for at least 90 percent of their spending on prison health care; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to repeal the Medicaid Inmate Exclusion Policy to allow prison inmates to be eligible for Medicaid coverage or allow states to seek a waiver from the law; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Judiciary.

Reps. Cherry, Sneller, Ellison, Tyrone Carter, Sabo, Mueller, Chirkun, Cambensy, Hertel, Cynthia Johnson, Sowerby, Brixie, Warren, Neeley, Howell, Hope, Green, Kuppa, Stone, Hood, Shannon, Pagan, Koleszar, Camilleri, Anthony, Manoogian, Haadsma, Pohutsky, Brann, Vaupel, Yaroch, Crawford, Hoadley, Webber, O’Malley, Paquette, Inman, Kennedy, Hammoud, Brenda Carter, Love, Allor, Calley, Garza, Gay‑Dagnogo, Jones, Lasinski, Leutheuser, Rendon and Witwer offered the following resolution:

House Resolution No. 94.

A resolution to commemorate the centennial of state parks in Michigan.

Whereas, Michigan is known for its diverse outdoor spaces which have created many picturesque scenes and experiences. Our state is home to 103 state parks, comprised of over 300,000 acres of land in containing more than 1000 miles of trails, 138 state forest campgrounds, and numerous waterways and heritage sites; and

Whereas, No matter your location in Michigan, you are never more than a half-hour away from enjoying the expanse of a state park, state forest campground, or state trail system; and

Whereas, On May 12th, 1919, the Michigan State Park Commission was created to acquire and maintain public lands for state parks; and

Whereas; 2019 marks the 100th year of Michigan state parks with outdoor opportunities extending from Milliken State Park and Harbor in Detroit, Michigan’s first urban state park providing a green oasis in the heart of the city, to Porcupine Mountains Wilderness State Park, offering one of the few remaining large wild areas in the Midwest; and

Whereas, Our state parks draw vacationers, hunters, and nature enthusiasts from across the world and our forests, lakes, and thousands of miles of beaches are top attractions; and

Whereas, Generations of residents and visitors have fallen in love with these precious natural places, creating lifelong memories; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the centennial of state parks in Michigan. We hold dear the treasured memories and cherished experiences given to us by these priceless entities; and be it further

Resolved, That May 12, 2019, is recognized as the 100th anniversary of the creation of the Michigan State Park Commission.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. LaFave, Markkanen, Green, Wakeman, Lightner, Berman, Slagh, VanWoerkom, Crawford, O’Malley, Allor, Rendon, Webber, Reilly, Meerman, Miller, LaGrand, Tyrone Carter, Koleszar, Stone, Shannon, Tate, Pagan, Brenda Carter, Witwer, Manoogian, Brixie, Haadsma, Kuppa, Wittenberg, Cynthia Johnson, Gay-Dagnogo, Cambensy, Camilleri, Jones, Whitsett, Byrd, Ellison, Chirkun, Hood, Vaupel, Brann, Calley, Cherry, Garza, Hall, Kahle, Lasinski, Leutheuser, Sabo, Sneller, Warren and Yaroch offered the following resolution:

House Resolution No. 95.

A resolution to declare May 12-18, 2019, as Police Week in the state of Michigan.

Whereas, In 1962, President John F. Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls as National Police Week. Established by a joint resolution of Congress in 1962, National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others; and

Whereas, There are more than 800,000 law enforcement officers serving in communities across the United States, including the approximately 17,000 full-time uniformed police officers in Michigan; and

Whereas, Members of law enforcement deserve the appreciation and respect of the people of Michigan for the merit, dignity, bravery, and reliability they exhibit each and every day. We must also honor the sacrifices made by families of police officers, as each day they must face constant fear as their loved one works to protect us; and

Whereas, in 2018 alone, 163 law enforcement officers were killed and many, many more were assaulted in the line of duty across the country. The names of these dedicated public servants who made the ultimate sacrifice are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and

Whereas, Michigan’s fallen officers will never be forgotten, nor will their service to their respective communities. By choosing to commit themselves to law enforcement, these brave individuals answered the call for service and willingly put their lives in jeopardy. We commend them for recognizing service as a noble career, protecting the public safety, and also all of those who are serving without incident to date; and

Whereas, Michigan and all Michigan citizens have turned to members of law enforcement for assistance and support in times of distress, whether they are coping with a personal crisis or struggling through civil disorder or a natural disaster. Our communities rely on these courageous individuals when it is difficult to stand on our own and we are indebted to the unwavering public service of our local and state police. We are indeed fortunate and grateful for the contributions of law enforcement officers to the people of this state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 12-18, 2019, as Police Week in the state of Michigan. We publicly salute the service of law enforcement officers in our community as well as those of our state and nation and honor police who place their lives on the line for the safety and security of their communities.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Paquette, Kuppa, Bellino, Frederick, O’Malley, Griffin, Markkanen, Vaupel, Leutheuser, LaFave, Howell, Wakeman, Berman, Gay-Dagnogo, Allor, Calley, Chirkun, Crawford, Garza, Haadsma, Jones, Kahle, Lasinski, Rendon, Sneller, Warren, Webber and Witwer offered the following resolution:

House Resolution No. 96.

A resolution to declare May 12-18, 2019, as STEM Awareness Week in the state of Michigan.

Whereas, Michigan’s unique history in agriculture, automotive, chemistry, manufacturing, automation, and innovation across many sectors provides us an opportunity to light the way for our future in computational thinking and modeling by promoting, adopting, and implementing computer science standards in our state; and

Whereas, Currently only 35% of high schools nationally offer computer science, yet 90% of parents want their children to have access to computer science learning opportunities; and

Whereas, The adoption of K-12 computer science standards is critical so that students in our state are competitive regionally, nationally, and globally; and

Whereas, STEM education refers to the areas of science, technology, engineering, and mathematics; and

Whereas, Participating in STEM activities increases engagement in education, promotes equity, supports literacy development, and fosters technologically alert and empowered students, who gain multiple ways to frame problems and transfer knowledge to new situations; and

Whereas, A globally competitive, knowledge-based economy is a fact for students, now and in the foreseeable future, and science, technology, engineering, and mathematics are critical drivers in that economy; and

Whereas, STEM is not only science, technology, engineering, and mathematics, but also a way of learning in which students comprehend by doing, thinking critically, and providing solutions that drive healthy, thriving communities; and

Whereas, STEM occupations are among the highest paying, fastest growing, and most influential in driving economic growth and innovation; and

Whereas, If Michigan students become inspired by science, technology, engineering, and mathematics at an early age, they will be more likely to enter those growing career fields when they graduate; and

Whereas, Computer science is a discipline in which students learn new approaches to problem solving, harness the power of computational thinking, and create, not just consume, technology; and

Whereas, The Michigan STEM Advisory Council has supported opportunities for transforming learning through computer science with statewide professional learning through MI-Coding; and

Whereas, A STEM education will ensure our state’s workforce will be equipped for the jobs of tomorrow; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 12-18, 2019, as STEM Awareness Week in the state of Michigan. We urge all citizens to recognize the importance of STEM education in preparing our young people for the high-tech jobs of the future.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Hope, Sowerby, Love, Gay-Dagnogo, Allor, Cherry, Chirkun, Crawford, Garza, Haadsma, Jones, Kuppa, Lasinski, Sneller, Warren and Witwer offered the following resolution:

House Resolution No. 97.

A resolution to declare May 13-19, 2019, as Celiac Disease Awareness Week in the state of Michigan.

Whereas, Celiac Disease Awareness Week begins May 13, 2019, and is designed to raise public awareness of this serious and incurable condition; and

Whereas, The disease causes inflammation in the small intestine and it interferes with the proper absorption of nutrients; and

Whereas, If left untreated, celiac disease permanently damages the small intestine and can also lead to malnutrition, osteoporosis, infertility, miscarriage, seizures, and neuropathy; and

Whereas, According to the Celiac Disease Foundation, persons with celiac disease are twice as likely to have coronary artery disease and are four times as likely to develop cancer, specifically intestinal lymphoma or cancer of the small intestine; and

Whereas, Celiac disease often co-occurs with other serious autoimmune conditions, including Type I diabetes, thyroid disease, microscopic colitis, Addison’s disease, and rheumatoid arthritis; and

Whereas, The only way to manage celiac disease is to completely avoid gluten, which is found not only in many foods containing wheat or other grains, but also in medications and personal care products. For this reason, accidental exposure to gluten is common in celiac patients; and

Whereas, Maintaining a strict gluten-free diet can cause some persons with celiac disease to become socially isolated as food is often the centerpiece of parties, meetings, and other social events. Those diagnosed with celiac disease should consult with a dietitian and may find benefit in social support groups; and

Whereas, As a result of the week of May 13, 2019, being recognized as Celiac Disease Awareness Week throughout Michigan, more citizens will have conversations about their current state of health, more healthcare providers will learn more about celiac disease, and the public will understand why it is important for persons with celiac disease to remain completely gluten free; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 13-19, 2019, as Celiac Disease Awareness Week in the state of Michigan. We call this observance to the attention of all our citizens.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Third Reading of Bills

 

 

House Bill No. 4045, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).

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

 

 

Roll Call No. 87                                     Yeas—109

 

 

Afendoulis                         Filler                        Kahle                                     Reilly

Albert                                Frederick                 Kennedy                                Rendon

Alexander                          Garza                       Koleszar                                Robinson

Allor                                 Gay-Dagnogo           Kuppa                                    Sabo

Anthony                            Glenn                      LaFave                                   Schroeder

Bellino                              Green                      LaGrand                                Shannon

Berman                             Greig                       Lasinski                                 Sheppard

Bolden                              Griffin                     Leutheuser                             Slagh

Bollin                                Guerra                     Liberati                                  Sneller

Brann                                Haadsma                 Lightner                                 Sowerby

Brixie                                Hall                         Lilly                                       Stone

Byrd                                  Hammoud                Love                                      Tate

Calley                                Hauck                      Lower                                    VanSingel

Cambensy                         Hernandez               Maddock                                VanWoerkom

Camilleri                           Hertel                      Manoogian                             Vaupel

Carter, B.                           Hoadley                   Marino                                   Wakeman

Carter, T.                           Hoitenga                  Markkanen                             Warren

Chatfield                           Hood                       Meerman                               Webber

Cherry                               Hope                       Miller                                     Wendzel

Chirkun                             Hornberger              Mueller                                  Wentworth

Clemente                           Howell                     Neeley                                   Whiteford

Cole                                  Huizenga                 O’Malley                               Whitsett

Coleman                            Iden                         Pagan                                     Wittenberg

Crawford                           Inman                      Paquette                                 Witwer

Eisen                                 Johnson, C.              Peterson                                 Wozniak

Elder                                 Johnson, S.              Pohutsky                                Yancey

Ellison                              Jones                       Rabhi                                     Yaroch

Farrington                                                                                                      

                                                               Nays—0

 

 

In The Chair: Wentworth

 

 

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.

 

 

House Bill No. 4306, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3212 (MCL 600.3212), as amended by 2011 PA 301.

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

 

 

Roll Call No. 88                                     Yeas—107

 

 

Afendoulis                         Farrington                Kahle                                     Rendon

Albert                                Filler                        Kennedy                                Robinson

Alexander                          Frederick                 Koleszar                                Sabo

Allor                                 Garza                       Kuppa                                    Schroeder

Anthony                            Gay-Dagnogo           LaFave                                   Shannon

Bellino                              Glenn                      LaGrand                                Sheppard

Berman                             Green                      Lasinski                                 Slagh

Bolden                              Greig                       Leutheuser                             Sneller

Bollin                                Griffin                     Liberati                                  Sowerby

Brann                                Guerra                     Lightner                                 Stone

Brixie                                Haadsma                 Lilly                                       Tate

Byrd                                  Hall                         Love                                      VanSingel

Calley                                Hammoud                Lower                                    VanWoerkom

Cambensy                         Hauck                      Maddock                                Vaupel

Camilleri                           Hernandez               Manoogian                             Wakeman

Carter, B.                           Hertel                      Marino                                   Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley                                   Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Jones                       Rabhi                                    

 

 

                                                               Nays—2

 

 

Johnson, S.                        Reilly                                                                    

 

 

In The Chair: Wentworth

 

 

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.

House Bill No. 4510, entitled

A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to regulate the construction, installation, alteration, maintenance, and repair of certain residential lifts; to prescribe the functions of the director of the department of licensing and regulatory affairs; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal acts and parts of acts,” by amending sections 2 and 9 (MCL 408.802 and 408.809), as amended by 1980 PA 282.

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

 

 

Roll Call No. 89                                      Yeas—57

 

 

Afendoulis                         Frederick                 Kahle                                     Reilly

Albert                                Glenn                      LaFave                                   Rendon

Alexander                          Green                      Leutheuser                             Schroeder

Allor                                 Griffin                     Lightner                                 Sheppard

Bellino                              Hall                         Lilly                                       Slagh

Berman                             Hauck                      Lower                                    VanSingel

Bollin                                Hernandez               Maddock                                VanWoerkom

Brann                                Hoitenga                  Marino                                   Vaupel

Calley                                Hornberger              Markkanen                             Wakeman

Chatfield                           Howell                     Meerman                               Webber

Cole                                  Huizenga                 Miller                                     Wendzel

Crawford                           Iden                         Mueller                                  Wentworth

Eisen                                 Inman                      O’Malley                               Whiteford

Farrington                         Johnson, S.              Paquette                                 Wozniak

Filler                                                                                                              

 

 

                                                              Nays—52

 

 

Anthony                            Ellison                     Kennedy                                Robinson

Bolden                              Garza                       Koleszar                                Sabo

Brixie                                Gay-Dagnogo           Kuppa                                    Shannon

Byrd                                  Greig                       LaGrand                                Sneller

Cambensy                         Guerra                     Lasinski                                 Sowerby

Camilleri                           Haadsma                 Liberati                                  Stone

Carter, B.                           Hammoud                Love                                      Tate

Carter, T.                           Hertel                      Manoogian                             Warren

Cherry                               Hoadley                   Neeley                                   Whitsett

Chirkun                             Hood                       Pagan                                     Wittenberg

Clemente                           Hope                       Peterson                                 Witwer

Coleman                            Johnson, C.              Pohutsky                                Yancey

Elder                                 Jones                       Rabhi                                     Yaroch

 

 

In The Chair: Wentworth

 

 

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.

 

 

Second Reading of Bills

 

 

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 bill was read a second time.

Rep. Hood moved to amend the bill as follows:

1. Amend page 2, line 18, after “under” by striking out “18” and inserting “21”.

2. Amend page 3, line 24, after “under” by striking out “18” and inserting “21”.

3. Amend page 4, line 17, after “least” by striking out “18” and inserting “21”.

4. Amend page 4, line 20, after “least” by striking out “18” and inserting “21”.

5. Amend page 4, line 28, after “is” by striking out “18” and inserting “21”.

6. Amend page 8, line 26, after “than” by striking out “18” and inserting “21”.

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

 

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

The motion did not prevail and the substitute (H-1) 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.

 

 

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 bill was read a second time.

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

The motion prevailed.

 

 

Messages from the Governor

 

 

The following line item veto message from the Governor was received and read:

 

Executive Office, Lansing, May 9, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Ladies and gentlemen:

Today I have signed Enrolled House Bill 4286, which amends section 6 of the Wrongful Imprisonment Compensation Act. I support the additional reporting requirements mandated by this legislation.

However, pursuant to section 19 of article 5 of the Michigan Constitution of 1963, I have disapproved subsection (10) of the bill, which would have appropriated $10 million to the Wrongful Imprisonment Compensation Fund for the fiscal year ending September 30, 2019. While I support the appropriation of money for this purpose, I don’t support its inclusion in House Bill 4286.

As I previously indicated, including in Executive Directive 2019-7, I will use my veto power to disapprove appropriations included in bills amending the Michigan Compiled Laws to preserve the People’s reserved constitutional right to approve or disapprove enacted laws, regardless of the subject matter of the legislation.

While this item veto underscores my strong support for referendum rights, it should not be construed as a lack of support for compensation for citizens wrongfully imprisoned. I would support an appropriation of money to the Wrongful Imprisonment Compensation Fund included in a supplemental appropriations bill or a general appropriations bill.

Respectfully,

Gretchen Whitmer

Governor

The bill was signed by the Governor May 9, 2019, at 3:28 p.m.

The bill was filed with the Secretary of State May 10, 2019, at 9:40 a.m. and assigned Public Act No. 10, I.E.

The question being on the passage of the disapproved item, the objections of the Governor to the contrary notwithstanding,

Rep. Cole moved that the disapproved line item be re-referred to the Committee on Appropriations.

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 the enrollment printing and presentation to the Governor on Wednesday, May 8, for her approval of the following bill:

Enrolled House Bill No. 4206 at 2:45 p.m.

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, May 8:

House Bill Nos.     4572   4573   4574  4575

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, May 9:

House Bill Nos.     4576   4577   4578   4579  4580   4581   4582  4583

Senate Bill Nos.      307    308    309    310    311    312    313    314

 

The Clerk announced that the following Senate bill had been received on Thursday, May 9:

Senate Bill No.       239

 

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 10, for her approval of the following bills:

Enrolled House Bill No. 4129 at 12:09 p.m.

Enrolled House Bill No. 4130 at 12:11 p.m.

Enrolled House Bill No. 4131 at 12:13 p.m.

Enrolled House Bill No. 4132 at 12:15 p.m.

 

The Clerk announced that the following Senate bills had been received on Tuesday, May 14:

Senate Bill Nos.      133    141    143    148    229    230

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 14:

Senate Bill Nos.      315    316    317    318   319

 

 

Messages from the Senate

 

 

Senate Bill No. 239, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1803 (MCL 339.1803).

The Senate has passed the bill.

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

 

 

Senate Bill No. 229, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168.

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. 230, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

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. 133, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 141, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

 

 

Senate Bill No. 143, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

 

 

Senate Bill No. 148, entitled

A bill to make appropriations for the department of talent and economic development for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4229, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom and Kennedy

Nays: Reps. Hoadley, Love, Pagan, Hammoud, Peterson, Sabo, Anthony, Brixie, Cherry, Hood and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4232, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom and Pagan

Nays: Reps. Hoadley, Love, Hammoud, Peterson, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4237, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Hammoud and Peterson

Nays: Reps. Hoadley, Pagan, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4239, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom and Love

Nays: Reps. Hoadley, Pagan, Hammoud, Peterson, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4240, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (H-5) 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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Hood and Tate

Nays: Reps. Hoadley, Love, Pagan, Hammoud, Sabo, Anthony, Brixie, Cherry and Kennedy

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 7, 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

 

 

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

House Bill No. 4189, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2016 PA 426, and section 505 as amended by 2011 PA 305, and by adding section 402; and to repeal acts and parts of acts.

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. 4190, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2009 PA 123.

With the recommendation that the substitute (H-4) 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. 4191, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70.

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. 4227, entitled

A bill to create a committee on Michigan’s mining future; to provide for the powers and duties of certain governmental officers and agencies; and to repeal acts and parts of acts.

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. 4444, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 11 (MCL 15.241), as amended by 2014 PA 563.

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. 4445, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 4 (MCL 15.234), as amended by 2018 PA 523.

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

 

 

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, May 14, 2019

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 14, 2019

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 14, 2019

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

 

 

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, May 14, 2019

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

Absent: Rep. Sheppard

Excused: Rep. Sheppard

 

 

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, May 14, 2019

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

Messages from the Governor

 

 

Date: May 9, 2019

Time: 11:55 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4001 (Public Act No. 8, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 7523a.

(Filed with the Secretary of State May 9, 2019, at 1:18 p.m.)

 

 

Date: May 9, 2019

Time: 11:57 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4002 (Public Act No. 9, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7523 (MCL 333.7523), as amended by 2016 PA 418.

(Filed with the Secretary of State May 9, 2019, at 1:20 p.m.)

 

 

Date: May 10, 2019

Time: 1:27 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4206 (Public Act No. 11, I.E.), being

An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 101 (MCL 388.1701), as amended by 2018 PA 586.

(Filed with the Secretary of State May 13, 2019, at 5:28 p.m.)

 

 

Date: May 14, 2019

Time: 2:31 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4244 (Public Act No. 12, I.E.), being

An act to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2019; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

(Filed with the Secretary of State May 14, 2019, at 3:28 p.m.)

 

 

Explanation of “No” Votes

 

 

Rep. Garrett, having reserved the right to explain her protest against the passage of House Bill No. 4397, made the following statement:

“I voted no on HB 4397 because it guarantees that thousands of Michigan drivers who are injured in car accidents will not get the care they need to address those injuries and the financial security they deserve, but fails to provide Michigan drivers with meaningful, long-term rate reductions. Michigan drivers will continue to pay exorbitant insurance rates and get far less in return than they currently receive. The bill contains window dressing to create the appearance that rates will be reduced and Department of Insurance and Financial Services (DIFS) will be given the authority to reign in insurance company abuses, but a careful reading reveals that these provisions have no teeth. Use of non-driving factors such as credit scores, zip codes, and educational attainment are not prohibited under the bill. DIFS is not provided the tools to reject excessive rates. Rate reductions are temporary and address only one of the many line items on an insurance bill. There is no guarantee that anyone’s total insurance bill will be reduced at all.

I support comprehensive reform that guarantees rate relief and provides accident victims with the care they need. I support the substitute bill offered by the representative from the 35th district that would have provided real rate relief and reigned in insurance company abuses. Unfortunately the majority rejected the proposal.

I look forward to continuing to work on this issue. The committee process that was bypassed by the majority today should resume and a real, bi-partisan solution and provide relief for constituents throughout the state of Michigan.”

 

 

Communications from State Officers

 

 

The following communication from the Department of Attorney General was received and read:

 

May 3, 2019

Pursuant to MCL 752.974(i), attached please find the Michigan Human Trafficking Commission’s 2018 Report to the Governor and Legislature.

I am pleased with the progress the Commission has made over the last year and I am committed to continuing to work with the Commission to abolish human trafficking.

Please do not hesitate to contact me if you have any questions.

                                                                                       Sincerely,

                                                                                       Dana Nessel

                                                                                       Attorney General

The communication was referred to the Clerk.

 

 

Introduction of Bills

 

 

Rep. Albert introduced

House Bill No. 4584, entitled

A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending section 2 (MCL 408.652), as amended by 2000 PA 346, and by adding section 7a.

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

Rep. Albert introduced

House Bill No. 4585, entitled

A bill to promote compliance with certain health and safety standards by certain fairs and festivals in this state; to establish a fair and festival carnival safety partnership program; to provide for the recognition of fair and festival carnival safety partners; and to provide for the powers and duties of certain state officers and entities.

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

 

 

Rep. Albert introduced

House Bill No. 4586, entitled

A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending sections 8 and 17 (MCL 408.658 and 408.667), section 8 as amended by 1982 PA 35 and section 17 as amended by 2000 PA 346.

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

 

 

______

 

 

Rep. Liberati moved that the House adjourn.

The motion prevailed, the time being 5:25 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 15, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives