No. 8

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Thursday, January 23, 2020.

 

12:00 Noon.

 

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              Jones—present             Reilly—present

Albert—present             Frederick—present        Kahle—present             Rendon—present

Alexander—present        Garrett—present           Kennedy—present        Robinson—present

Allor—present               Garza—present             Koleszar—present         Sabo—present

Anthony—present          Gay-Dagnogo—present Kuppa—present            Schroeder—present

Bellino—present            Glenn—present             LaFave—present           Shannon—present

Berman—present           Green—present             LaGrand—present         Sheppard—present

Bolden—present            Greig—present             Lasinski—present         Slagh—present

Bollin—present              Griffin—present           Leutheuser—present     Sneller—present

Brann—present              Guerra—present           Liberati—present          Sowerby—present

Brixie—present              Haadsma—present        Lightner—present         Stone—present

Byrd—present               Hall—present               Lilly—present              Tate—present

Calley—present             Hammoud—present      Love—present              VanSingel—present

Cambensy—present        Hauck—present            Lower—present            VanWoerkom—present

Camilleri—present         Hernandez—present      Maddock—present        Vaupel—present

Carter, B.—present         Hertel—present            Manoogian—present     Wakeman—present

Carter, T.—present         Hoadley—present         Marino—present           Warren—present

Chatfield—present         Hoitenga—present        Markkanen—present     Webber—present

Cherry—present             Hood—present             Meerman—present        Wendzel—present

Chirkun—present           Hope—present             Miller—present            Wentworth—present

Clemente—present         Hornberger—present     Mueller—present          Whiteford—present

Cole—present                Howell—present           O’Malley—present       Whitsett—excused

Coleman—present          Huizenga—present        Pagan—excused           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                                                                               

 

 

e/d/s = entered during session

Rev. Justin Myers, Pastor of Colonville Bible Church in Clare, offered the following invocation:

 

“O Great and merciful Heavenly Father, blessed Son, and eternal Holy Spirit, we thank You for bestowing upon us Your great grace. Help us O Lord to be humbled by Your majesty and directed by Your sovereign hand. We ask O Lord that You would forgive us our transgressions and that You would be glorified in our thoughts, our words, and our actions. Lord, we thank You for Your continued provision and we ask that You would bless both our state and our nation. Please Father, we further request that You would guide and direct our hearts, and lead us in the path of righteousness. May our state’s and our nation’s leaders, recognize, as did our founding fathers, that we are a people in desperate need to die to self and to live as Christ. To recognize that apart from receiving and believing the gospel of Jesus Christ we are hopeless and lost. Lord, may we, as did the United States Congress of 1854, declare that, ‘The great, vital, and conservative element in our system is the belief of our people in the pure doctrines and the divine truths of the Gospel of Jesus Christ.’ Father, please forgive us for ever having deviated from Your clear, infallible, inerrant, authoritative, and objective Word. And Lord help us once more to cherish life and to see Your gift of children as being far more important and valuable than one’s personal preferences, comforts, and life ambitions. Father, help us to help us to lives that glorify Your Holy name as revealed in Your Holy Word (the Bible), and Lord may You forgive us for ever having strayed from that clear and objective standard. Lord, Your Word declares that ‘Righteousness exalts a nation, but sin is a reproach to any people.’ Father, I pray that our Nation would see just how ubiquitous sin has become in our land, that we would be broken by it and turn from sin, repent of our ways, and fix our hearts and our praise upon the only one Who is worthy and deserving of such worship, You our Holy, righteous, sovereign, and Triune creator. Lord, You declare in Your Word, ‘If my people who are called by my name humble themselves, and pray and seek my face and turn from their wicked ways, then I will hear from heaven and will forgive their sin and heal their land.’ Humble our hearts O Lord, may we be a people who rejoice in You always, who pray to You without ceasing, and have a heart of thankfulness in all circumstances. Please God, heal our land, unite our people under You, and be glorified in this place. We pray these things in the precious name of our matchless Lord and Savior Jesus Christ, Amen.”

 

 

______

 

 

The Speaker assumed the Chair.

 

 

______

 

 

Rep. Rabhi moved that Reps. Pagan and Whitsett be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Hornberger, Allor, Bollin, Crawford, Garza, Love and Witwer offered the following resolution:

House Resolution No. 221.

A resolution to recognize January 26-February 1, 2020, as Catholic Schools Week in the state of Michigan.

Whereas, There are 50,256 students attending 221 Catholic elementary and high schools throughout our great state; and

Whereas, The Constitution of Michigan states that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and

Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools; and

Whereas, Taking into account Michigan’s minimum public school foundation allowance of $8,111 per pupil, Catholic schools save taxpayers in excess of $407 million in state spending annually; and

Whereas, Catholic schools instill a broad, values-based education, emphasizing the lifelong development of moral, intellectual, and social values in young people, making them responsible citizens of our state and nation; and

Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically disadvantaged. A good education remains the single best way out of poverty; and

Whereas, With their traditionally high academic standards, high graduation rates, and commitment to community service, Catholic schools and their graduates make a positive contribution to society; and

Whereas, January 26-February 1, 2020, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Learn. Serve. Lead. Succeed.” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and

Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and

Whereas, Catholic schools seek to form a supporting partnership with each student’s family, encouraging the involvement of parents in the education of their children, so that Catholic schools are part of a solution to form productive lives for future generations; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize January 26-February 1, 2020, as Catholic Schools Week in the state of Michigan. We support the continued dedication of Catholic schools across Michigan toward academic excellence and the key role Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Hornberger, Allor and Crawford offered the following resolution:

House Resolution No. 222.

A resolution to declare January 26-February 1, 2020, as School Choice Week in the state of Michigan.

Whereas, All children in Michigan should have the right to the highest-quality schools possible; and

Whereas, Citizens across Michigan agree that improving the quality of education and expanding access to highly-effective schools should be issues of importance to our state’s leaders; and

Whereas, Michigan recognizes the critical role that an effective and accountable system of education plays in preparing all children to be successful in a global economy; and

Whereas, There are a multitude of high-quality public schools, public charter schools, and nonpublic schools in the state of Michigan; and

Whereas, Michigan has many outstanding teaching professionals in public, private, and charter schools across the state who are committed to educating children; and

Whereas, The vital cause of education reform is one that transcends ideology and political party affiliation; and

Whereas, Research in Michigan and across the nation demonstrates conclusively that providing parents with multiple schooling options improves academic performance; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 26-February 1, 2020, as School Choice Week in the state of Michigan. We call this observance to the attention of all our citizens; and be it further

Resolved, That a copy of this resolution be transmitted to the National School Choice Week organization with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Slagh, Hornberger, Allor, Garza, Lasinski, Liberati, Love and Pohutsky offered the following resolution:

House Resolution No. 223.

A resolution to declare January 31, 2020, as Omphalocele Awareness Day in the state of Michigan.

Whereas, An omphalocele is a birth defect that occurs early in pregnancy in which the abdominal wall does not close properly and some or most of the abdominal organs protrude on the outside of the fetus’s body through the umbilical cord; and

Whereas, It is estimated that a small omphalocele occurs in about 1 out of every 5,000 pregnancies and a large or giant omphalocele occurs in about 1 out of every 10,000 pregnancies; and

Whereas, An omphalocele may be isolated or may be associated with other defects or chromosomal abnormalities; and

Whereas, Despite the challenges a baby born with an omphalocele may face, many babies who are born with an omphalocele survive and go on to live happy, healthy lives; and

Whereas, Mothers of Omphaloceles, (MOO), is a group of parents from around the world that was created to provide hope, support, and information to families with babies diagnosed with an omphalocele; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 31, 2020, as Omphalocele Awareness Day in the state of Michigan. We recognize and commend the Mothers of Omphaloceles for their courageous efforts to advocate for their children.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

______

 

 

The Speaker called Associate Speaker Pro Tempore Lilly to the Chair.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 123.

A resolution to urge the Congress of the United States to establish and fund programs that support positive health practices for minority mothers.

(For text of resolution, see House Journal No. 61 of 2019, p. 772.)

(The resolution was reported by the Committee on Families, Children, and Seniors on January 22.)

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Third Reading of Bills

 

 

House Bill No. 5195, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 809 (MCL 257.809), as amended by 2015 PA 78.

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

 

 

Roll Call No. 33                                     Yeas—107

 

 

Afendoulis                         Farrington                Johnson, S.                             Reilly

Albert                                Filler                        Jones                                     Rendon

Alexander                          Frederick                 Kahle                                     Robinson

Allor                                 Garrett                     Kennedy                                Sabo

Anthony                            Garza                       Koleszar                                Schroeder

Bellino                              Gay-Dagnogo           Kuppa                                    Shannon

Berman                             Glenn                      LaFave                                   Sheppard

Bolden                              Green                      LaGrand                                Slagh

Bollin                                Greig                       Lasinski                                 Sneller

Brann                                Griffin                     Leutheuser                             Sowerby

Brixie                                Guerra                     Liberati                                  Stone

Byrd                                  Haadsma                 Lightner                                 Tate

Calley                                Hall                         Lilly                                       VanSingel

Cambensy                         Hammoud                Love                                      VanWoerkom

Camilleri                           Hauck                      Lower                                    Vaupel

Carter, B.                           Hernandez               Maddock                                Wakeman

Carter, T.                           Hertel                      Manoogian                             Warren

Chatfield                           Hoadley                   Marino                                   Webber

Cherry                               Hoitenga                  Markkanen                             Wendzel

Chirkun                             Hood                       Meerman                               Wentworth

Clemente                           Hope                       Miller                                     Whiteford

Cole                                  Hornberger              Mueller                                  Wittenberg

Coleman                            Howell                     O’Malley                               Witwer

Crawford                           Huizenga                 Paquette                                 Wozniak

Eisen                                 Iden                         Peterson                                 Yancey

Elder                                 Inman                      Pohutsky                                Yaroch

Ellison                              Johnson, C.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The question being on agreeing to the title of the bill,

Rep. Cole moved to amend the title to read as follows:

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 809 (MCL 257.809), as amended by 2019 PA 88.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

House Bill No. 5313, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2019 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. 34                                     Yeas—107

 

 

Afendoulis                         Farrington                Johnson, S.                             Reilly

Albert                                Filler                        Jones                                     Rendon

Alexander                          Frederick                 Kahle                                     Robinson

Allor                                 Garrett                     Kennedy                                Sabo

Anthony                            Garza                       Koleszar                                Schroeder

Bellino                              Gay-Dagnogo           Kuppa                                    Shannon

Berman                             Glenn                      LaFave                                   Sheppard

Bolden                              Green                      LaGrand                                Slagh

Bollin                                Greig                       Lasinski                                 Sneller

Brann                                Griffin                     Leutheuser                             Sowerby

Brixie                                Guerra                     Liberati                                  Stone

Byrd                                  Haadsma                 Lightner                                 Tate

Calley                                Hall                         Lilly                                       VanSingel

Cambensy                         Hammoud                Love                                      VanWoerkom

Camilleri                           Hauck                      Lower                                    Vaupel

Carter, B.                           Hernandez               Maddock                                Wakeman

Carter, T.                           Hertel                      Manoogian                             Warren

Chatfield                           Hoadley                   Marino                                   Webber

Cherry                               Hoitenga                  Markkanen                             Wendzel

Chirkun                             Hood                       Meerman                               Wentworth

Clemente                           Hope                       Miller                                     Whiteford

Cole                                  Hornberger              Mueller                                  Wittenberg

Coleman                            Howell                     O’Malley                               Witwer

Crawford                           Huizenga                 Paquette                                 Wozniak

Eisen                                 Iden                         Peterson                                 Yancey

Elder                                 Inman                      Pohutsky                                Yaroch

Ellison                              Johnson, C.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

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.

 

 

Senate Bill No. 650, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 23a (MCL 388.1623a), as amended by 2018 PA 586.

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

 

 

Roll Call No. 35                                     Yeas—103

 

 

Afendoulis                         Ellison                     Johnson, S.                             Reilly

Albert                                Farrington                Jones                                     Rendon

Alexander                          Filler                        Kahle                                     Robinson

Allor                                 Frederick                 Kennedy                                Sabo

Anthony                            Garza                       Koleszar                                Schroeder

Bellino                              Gay-Dagnogo           Kuppa                                    Shannon

Berman                             Glenn                      LaFave                                   Sheppard

Bolden                              Green                      LaGrand                                Slagh

Bollin                                Greig                       Lasinski                                 Sneller

Brann                                Griffin                     Leutheuser                             Sowerby

Brixie                                Guerra                     Liberati                                  Stone

Byrd                                  Haadsma                 Lightner                                 Tate

Calley                                Hall                         Lilly                                       VanSingel

Cambensy                         Hammoud                Love                                      VanWoerkom

Camilleri                           Hauck                      Lower                                    Vaupel

Carter, B.                           Hernandez               Maddock                                Wakeman

Carter, T.                           Hertel                      Manoogian                             Warren

Chatfield                           Hoadley                   Marino                                   Webber

Cherry                               Hoitenga                  Markkanen                             Wendzel

Chirkun                             Hood                       Meerman                               Wentworth

Clemente                           Hope                       Miller                                     Whiteford

Cole                                  Hornberger              Mueller                                  Wittenberg

Coleman                            Howell                     O’Malley                               Witwer

Crawford                           Huizenga                 Paquette                                 Wozniak

Eisen                                 Iden                         Peterson                                 Yaroch

Elder                                 Inman                      Pohutsky                               

                                                               Nays—4

 

 

Garrett                               Johnson, C.              Rabhi                                     Yancey

 

 

In The Chair: Lilly

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“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,”

The House agreed to the full title.

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

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

 

 

Senate Bill No. 651, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1231 (MCL 380.1231), as amended by 2018 PA 235, and by adding section 1230i.

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

 

 

Roll Call No. 36                                     Yeas—104

 

 

Afendoulis                         Ellison                     Johnson, C.                            Pohutsky

Albert                                Farrington                Johnson, S.                             Reilly

Alexander                          Filler                        Jones                                     Rendon

Allor                                 Frederick                 Kahle                                     Robinson

Anthony                            Garza                       Kennedy                                Sabo

Bellino                              Gay-Dagnogo           Koleszar                                Schroeder

Berman                             Glenn                      Kuppa                                    Shannon

Bolden                              Green                      LaFave                                   Sheppard

Bollin                                Greig                       LaGrand                                Slagh

Brann                                Griffin                     Lasinski                                 Sneller

Brixie                                Guerra                     Leutheuser                             Sowerby

Byrd                                  Haadsma                 Liberati                                  Stone

Calley                                Hall                         Lightner                                 Tate

Cambensy                         Hammoud                Lilly                                       VanSingel

Camilleri                           Hauck                      Love                                      VanWoerkom

Carter, B.                           Hernandez               Lower                                    Vaupel

Carter, T.                           Hertel                      Maddock                                Wakeman

Chatfield                           Hoadley                   Manoogian                             Warren

Cherry                               Hoitenga                  Marino                                   Webber

Chirkun                             Hood                       Markkanen                             Wendzel

Clemente                           Hope                       Meerman                               Wentworth

Cole                                  Hornberger              Miller                                     Whiteford

Coleman                            Howell                     Mueller                                  Wittenberg

Crawford                           Huizenga                 O’Malley                               Witwer

Eisen                                 Iden                         Paquette                                 Wozniak

Elder                                 Inman                      Peterson                                 Yaroch

                                                               Nays—3

 

 

Garrett                               Rabhi                       Yancey                                 

 

 

In The Chair: Lilly

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

 

 

House Bill No. 5187, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2015 PA 262.

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

 

 

Roll Call No. 37                                      Yeas—95

 

 

Afendoulis                         Filler                        Kahle                                     Sabo

Alexander                          Frederick                 Kennedy                                Schroeder

Anthony                            Garrett                     Koleszar                                Shannon

Bellino                              Garza                       Kuppa                                    Sheppard

Berman                             Gay-Dagnogo           LaFave                                   Slagh

Bolden                              Glenn                      LaGrand                                Sneller

Brann                                Green                      Lasinski                                 Sowerby

Brixie                                Greig                       Leutheuser                             Stone

Byrd                                  Griffin                     Liberati                                  Tate

Calley                                Guerra                     Lightner                                 VanSingel

Cambensy                         Haadsma                 Lilly                                       VanWoerkom

Carter, B.                           Hall                         Love                                      Vaupel

Carter, T.                           Hammoud                Manoogian                             Wakeman

Chatfield                           Hauck                      Marino                                   Warren

Cherry                               Hertel                      Markkanen                             Webber

Chirkun                             Hoadley                   Miller                                     Wendzel

Clemente                           Hood                       Mueller                                  Wentworth

Cole                                  Hope                       O’Malley                               Whiteford

Coleman                            Howell                     Paquette                                 Wittenberg

Crawford                           Huizenga                 Peterson                                 Witwer

Eisen                                 Iden                         Pohutsky                                Wozniak

Elder                                 Inman                      Rabhi                                     Yancey

Ellison                              Johnson, C.              Rendon                                  Yaroch

Farrington                         Jones                       Robinson                              

                                                              Nays—12

 

 

Albert                                Camilleri                  Hornberger                             Maddock

Allor                                 Hernandez               Johnson, S.                             Meerman

Bollin                                Hoitenga                  Lower                                    Reilly

 

 

In The Chair: Lilly

 

 

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. Bollin, 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 have concerns over the financial impact on the General Fund and the underlying policy.”

 

 

House Bill No. 5188, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263.

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

 

 

Roll Call No. 38                                      Yeas—96

 

 

Afendoulis                         Filler                        Jones                                     Robinson

Alexander                          Frederick                 Kahle                                     Sabo

Anthony                            Garrett                     Kennedy                                Schroeder

Bellino                              Garza                       Koleszar                                Shannon

Berman                             Gay-Dagnogo           Kuppa                                    Sheppard

Bolden                              Glenn                      LaFave                                   Slagh

Brann                                Green                      LaGrand                                Sneller

Brixie                                Greig                       Lasinski                                 Sowerby

Byrd                                  Griffin                     Leutheuser                             Stone

Calley                                Guerra                     Liberati                                  Tate

Cambensy                         Haadsma                 Lightner                                 VanSingel

Carter, B.                           Hall                         Lilly                                       VanWoerkom

Carter, T.                           Hammoud                Love                                      Vaupel

Chatfield                           Hauck                      Manoogian                             Wakeman

Cherry                               Hertel                      Marino                                   Warren

Chirkun                             Hoadley                   Markkanen                             Webber

Clemente                           Hoitenga                  Miller                                     Wendzel

Cole                                  Hood                       Mueller                                  Wentworth

Coleman                            Hope                       O’Malley                               Whiteford

Crawford                           Howell                     Paquette                                 Wittenberg

Eisen                                 Huizenga                 Peterson                                 Witwer

Elder                                 Iden                         Pohutsky                                Wozniak

Ellison                              Inman                      Rabhi                                     Yancey

Farrington                         Johnson, C.              Rendon                                  Yaroch

                                                              Nays—11

 

 

Albert                                Camilleri                  Johnson, S.                             Meerman

Allor                                 Hernandez               Lower                                    Reilly

Bollin                                Hornberger              Maddock                               

 

 

In The Chair: Lilly

 

 

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. Bollin, 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 have concerns over the financial impact on the General Fund and underlying policy. “

 

 

______

 

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, January 22:

House Bill Nos.     5374   5375   5376  5377

 

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

Senate Bill Nos.      752    753    754    755

 

 

Messages from the Senate

 

 

Senate Concurrent Resolution No. 18.

A concurrent resolution to oppose the inclusion of labor peace agreements in the Marijuana Regulatory Agency’s permanent rules and to oppose the inclusion of labor peace agreements or any similar construct in the administrative rules of this state.

Whereas, The Marijuana Regulatory Agency’s proposed rules to regulate marihuana licenses (2019-67 LR) include the requirement for prospective marihuana licensees to agree to a labor peace agreement signed by a labor union before they can apply for or renew a license. A labor peace agreement is defined in the proposed rules as “an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the state’s interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s business”; and

Whereas, Under the proposed rules, a new industry would be unduly burdened by the heavy hand of government before it can even get off the ground. This new industry would also be forced to accept the terms of labor unions without negotiation; and

Whereas, Requiring labor peace agreements is not contemplated or required by Initiated Law 1 of 2018, which legalized adult-use marihuana in Michigan. Nowhere in the initiative did it indicate that a state agency would give up governmental authority to unaccountable, private third parties to prevent applicants from becoming licensed or licensees from renewing their licenses. In fact, the initiative includes language that the rules must include “qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment…”. Signing a labor peace agreement is not directly and demonstrably related to the operation of a marihuana establishment; and

Whereas, The inclusion of labor peace agreements in the rules governing marihuana in this state would set a dangerous precedent for similar requirements for anyone seeking a license or permit issued by the state, which could devastate Michigan’s economy solely to the benefit of organized labor; and

Whereas, The requirement for labor peace agreements included in these proposed rules is preempted by the National Labor Relations Act; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we oppose the inclusion of labor peace agreements in the Marijuana Regulatory Agency’s permanent rules and oppose the inclusion of labor peace agreements or any similar construct in the administrative rules of this state; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, Director of the Department of Licensing and Regulatory Affairs, and the Director of the Marijuana Regulatory Agency.

The Senate has adopted the concurrent resolution.

Rep. Crawford was named co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Committee on Government Operations.

 

 

Introduction of Bills

 

 

Reps. Glenn and Hernandez introduced

House Bill No. 5378, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Glenn and Hernandez introduced

House Bill No. 5379, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Slagh and Hernandez introduced

House Bill No. 5380, entitled

A bill to provide for a capital outlay program and for certain other state departments; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure of certain appropriations under the supervision of the director of the department of technology, management, and budget and the state administrative board.

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

 

 

Reps. VanWoerkom and Hernandez introduced

House Bill No. 5381, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

Reps. Maddock and Hernandez introduced

House Bill No. 5382, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Brann and Hernandez introduced

House Bill No. 5383, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Huizenga and Hernandez introduced

House Bill No. 5384, entitled

A bill to make appropriations for the legislature, the executive, the department of the attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of labor and economic opportunity, and certain other state purposes for the fiscal year ending September 30, 2021; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

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

 

 

Reps. Allor and Hernandez introduced

House Bill No. 5385, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Allor and Hernandez introduced

House Bill No. 5386, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Albert and Hernandez introduced

House Bill No. 5387, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. VanSingel and Hernandez introduced

House Bill No. 5388, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2019 PA 52.

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

 

 

Reps. VanSingel and Hernandez introduced

House Bill No. 5389, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2019 PA 162 and section 236a as amended by 2019 PA 62.

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

Reps. Whiteford and Hernandez introduced

House Bill No. 5390, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Miller and Hernandez introduced

House Bill No. 5391, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Miller and Hernandez introduced

House Bill No. 5392, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2019 PA 162 and section 17b as amended by 2007 PA 137.

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

 

 

Reps. Yaroch and Hernandez introduced

House Bill No. 5393, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Yaroch and Hernandez introduced

House Bill No. 5394, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Rep. Hernandez introduced

House Bill No. 5395, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11 and 236 as amended by 2019 PA 162, section 17b as amended by 2007 PA 137, and section 201 as amended by 2019 PA 52.

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

 

 

Rep. Hernandez introduced

House Bill No. 5396, entitled

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

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

 

 

Rep. Hernandez introduced

House Bill No. 5397, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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

Rep. Hernandez introduced

House Bill No. 5398, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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

 

 

Rep. Hernandez introduced

House Bill No. 5399, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2019 PA 162 and section 17b as amended by 2007 PA 137.

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

 

 

Rep. Garza introduced

House Bill No. 5400, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 109 (MCL 436.1109), as amended by 2018 PA 409.

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

 

 

Reps. Eisen, Lower, Wozniak, Marino, Hertel, Tate and Hornberger introduced

House Bill No. 5401, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80146 (MCL 324.80146), as amended by 2007 PA 8.

The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.

 

 

Rep. Eisen introduced

House Bill No. 5402, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 113, 8701, and 8703 (MCL 600.113, 600.8701, and 600.8703), section 113 as amended by 1996 PA 79, section 8701 as added by 1994 PA 12, and section 8703 as amended by 1996 PA 388.

The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.

 

 

Reps. Mueller, Calley, Warren, Pohutsky, LaGrand, Rabhi, Sneller, Leutheuser, Berman, Kahle, Eisen, Whiteford, Wozniak, Cherry, Brann and Whitsett introduced

House Bill No. 5403, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 451 (MCL 750.451), as amended by 2016 PA 338.

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

 

 

Reps. Warren, Calley, Pohutsky, LaGrand, Rabhi, Sneller, Leutheuser, Berman, Kahle, Eisen, Mueller, Wozniak, Cherry, Brann and Whitsett introduced

House Bill No. 5404, entitled

A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending section 6 (MCL 28.176), as amended by 2018 PA 310.

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

 

 

Reps. Pohutsky, Calley, Warren, LaGrand, Rabhi, Sneller, Leutheuser, Berman, Kahle, Eisen, Mueller, Wozniak, Cherry, Brann and Whitsett introduced

House Bill No. 5405, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2014 PA 458.

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

Reps. Pohutsky, LaGrand, Haadsma, Tyrone Carter, Whitsett, Coleman, Cynthia Johnson, Garza, Hood, Kennedy, Stone, Rabhi, Yancey, Ellison, Sneller, Tate, Bolden, Anthony, Manoogian, Cherry, Hope, Kuppa, Brixie, Sowerby, Sabo, Brenda Carter, Hammoud, Peterson, Lasinski, Wittenberg, Warren, Hoadley and Jones introduced

House Bill No. 5406, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 55b.

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

 

 

Reps. Mueller, Yaroch, Liberati, Eisen, Sabo, Brann, Filler, Cynthia Johnson, Berman, Chirkun, Cherry, Robinson, Sheppard, Cambensy and Jones introduced

House Bill No. 5407, entitled

A bill to require certain standards for smoke alarm and certain other devices; and to prohibit certain conduct.

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

 

 

Reps. Hammoud, Whitsett, Bolden, Manoogian, Love, Liberati, Bellino and Camilleri introduced

House Bill No. 5408, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109f (MCL 400.109f), as amended by 2017 PA 224.

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

 

 

Reps. Stone, Anthony, Love, Hood, Brenda Carter, Liberati, Haadsma, Garrett, Ellison, Kennedy, Peterson, Greig, Bolden, Yaroch, Gay-Dagnogo and Yancey introduced

House Bill No. 5409, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13h.

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

 

 

Rep. Steven Johnson introduced

House Bill No. 5410, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 229, 231, 533, 547, 1201, 1203, and 1207 (MCL 436.1229, 436.1231, 436.1533, 436.1547, 436.2201, 436.2203, and 436.2207), section 229 as amended by 2011 PA 166, section 533 as amended by 2018 PA 386, and section 547 as added by 2011 PA 20; and to repeal acts and parts of acts.

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

 

 

______

 

 

Rep. Brann moved that the House adjourn.

The motion prevailed, the time being 1:40 p.m.

 

Associate Speaker Pro Tempore Lilly declared the House adjourned until Tuesday, January 28, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives