STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

100th Legislature

REGULAR SESSION OF 2019

House Chamber, Lansing, Thursday, October 24, 2019.

12:00 Noon.

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

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—excused 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—excused 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—excused 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—excused

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

Elder Melvin L. Logan, Elder of Fountain of Truth Christian Center in Detroit, offered the following invocation:

“OUR HEAVENLY FATHER,

I come before You with a humble heart, thanking You for another day which we have not seen before.

I thank You, Father, for our great state of Michigan, and all of our residents. I invite You into this House Session today, Father, and ask You to have Your way In and through these elected officials; Help them to understand that they are to serve the people more so than any particular party.

And Father, as they serve over the people of Michigan, I ask You to watch over their homes, and keep their families safe from hurt and harm. And I plead the blood of Jesus over every elected official in this capitol building, and that from this day forward, they would only be influenced by Your LOVE and Your SPIRIT.

I pray, Father, that You would help them to understand that the power they have, through the state of Michigan, has been ordained by You. And that, TOGETHER, they are to use this ordained power to: PROTECT Citizens and PROMOTE the General Welfare of the Communities for the State of Michigan and in their respective districts.,

As established in Your Holy Word, Romans 13:1-4 1Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. 3For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. 4For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer. and 1st Timothy 2:1-4 1I urge, then, first of all, that petitions, prayers, intercession and thanksgiving be made for all people- 2for kings and all those in authority, that we may live peaceful and quiet lives in all godliness and holiness. 3This is good, and pleases God our Savior, 4who wants all people to be saved and to come to a knowledge of the truth..

I Declare this and I Decree this in Jesus’ name. Amen!”

______

Rep. Webber moved that Reps. LaFave, Lightner, Markkanen and Whitsett be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Cynthia Johnson, Garza, Gay-Dagnogo, Hood, Kennedy, Kuppa, Lasinski and Manoogian offered the following resolution:

House Resolution No. 188.

A resolution to commemorate the 40th anniversary of diplomatic relations between the United States and People’s Republic of China and to declare October 1, 2019, as China Day and October 1-7, 2019, as Chinese Heritage Week in the state of Michigan.

Whereas, On January 1, 1979, the United States and People’s Republic of China (referred to as “China”) officially established diplomatic relations, with 2019 marking the 40th anniversary of United States-China relations; and

Whereas, Since US ship “Empress of China” sailed to China over 230 years ago, trade and exchanges between our two countries have continued to flourish, transforming the world in the process; and

Whereas, Over the past four decades, exchanges and cooperation between the two countries have scored historic achievements. Forty years ago, only several thousand visits were made between the two countries each year. In 2017, over 5.3 million visits were made between the two countries. Forty years ago, the bilateral trade volume was less than $2.5 billion. In 2018, it surpassed $659 billion. Forty years ago, the two-way investment between China and the US was almost zero. Today, two-way investment in various forms amounted to over $230 billion in accumulative terms; and

Whereas, Not only our two countries, but the entire world has benefited enormously from our ties over the past forty years. From advancing the proper settlement of regional hot-spot issues to fighting international terrorism, from tackling the global financial crisis to promoting global growth, China and the US have conducted extensive cooperation at bilateral, regional and global levels; and

Whereas, The steady growth of China-US relations is indispensable to the success of our two countries and the world, and it would be irresponsible and detrimental for us to “decouple” or become isolated from each other; and

Whereas, Michigan has a significant and historical role in the opening of relations between the US and China. Our state has been dedicated to developing cooperative relations with China for decades, and the mutual exchanges and cooperation have flourished during recent years. Michigan has newly established another sister state-province relationship with Guangdong Province. The state has attracted over 300 Chinese companies that represent more than $4 billion in investment and support more than 10,000 jobs for local communities; and

Whereas, Chinese-Americans helped completed the Transcontinental Railroad and 1 in 5 Chinese Americans enlisted to serve in World War II; and

Whereas, Michigan is ranked 15th in the US as home to more than 60,000 residents of Chinese heritage who have contributed greatly to the strength of our country and state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 40th anniversary of diplomatic relations between the United States and People’s Republic of China and declare October 1, 2019, as China Day and October 1-7 as Chinese Heritage Week in the state of Michigan. We recognize the significant contribution of Chinese Americans to the strength of the great state of Michigan and support continued diplomatic, economic, and people-to-people cooperation between state of Michigan and China.

The resolution was referred to the Committee on Government Operations.

Reps. Wittenberg, Berman, Garza, Gay-Dagnogo, Green, Haadsma, Hoadley, Hood, Hope, Cynthia Johnson, Kennedy, Kuppa, Lasinski, Manoogian, Pagan, Rabhi, Rendon, Sabo, Sowerby, Warren and Witwer offered the following resolution:

House Resolution No. 189.

A resolution to declare October 27, 2019, as a Day of Action Against Anti-Semitism in the state of Michigan.

Whereas, October 27, 2019, marks one year since the horrific events at the Tree of Life synagogue in Pittsburgh, Pennsylvania, that tragically took the life of eleven worshipers and injured seven more in the deadliest anti-Semitic attack in American history; and

Whereas, Only months later, a second deadly attack on worshipers occurred during the Jewish holiday of Passover at the Chabad of Poway synagogue in California in which one person was killed and three were injured; and

Whereas, The FBI’s most recent report on hate crimes reveals a 37 percent increase in anti-Semitic hate crimes in the United States and FBI statistics demonstrate that Jewish people and Jewish institutions, both religious and communal, were the most frequently targeted religious group in 2018 accounting for almost 60 percent of all religious-based hate crime incidents; and

Whereas, Anti-Semitic vandalism has touched places of worship in Michigan in the last few months, including Nazi graffiti spray-painted on Temple Jacob in Marquette and anti-Semitic posters placed upon Temple Emanuel in Grand Rapids; and

Whereas, The state of Michigan has many resources to ensure that our state’s residents understand the implications of bias-motivated violence, including the Holocaust Memorial Center in Farmington Hills; and

Whereas, The Holocaust Memorial Center has educated and inspired its 65,000 annual visitors towards a collective understanding of tolerance and acceptance of the diverse beliefs in our state, country, and world; and

Whereas, We must remain committed in confronting hatred and bias, while standing together in solidarity with the Jewish population of Michigan and around the world; and

Whereas, Synagogues and temples in Michigan and across the country will be participating on “Show Up For Shabbat” on October 25th and 26th to dedicate their religious services to reflect upon the one-year anniversary of the unspeakable horror at Pittsburgh’s Tree of Life synagogue; now, therefore be it

Resolved by the House of Representatives, That members of this legislative body declare October 27, 2019, as a Day of Action Against Anti-Semitism in the state of Michigan. We commit to combating all forms of hatred and anti-Semitism and to ensuring the safety and dignity of our residents and communities.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Kuppa, Hertel, Brixie, Hood, Lasinski, Hoadley, Kennedy, Love, Witwer, Haadsma, Garrett, Tyrone Carter, Peterson, Sneller, Wittenberg, Cherry, Cambensy, Robinson, Stone, Cynthia Johnson, Elder, Liberati, Bolden, Crawford, Pohutsky, Koleszar, Greig, Chirkun, Webber, Warren, Sowerby, Mueller, Sabo, Calley, Brann, Camilleri, Shannon, Clemente, Vaupel, Jones, Coleman, Rabhi, Hammoud, Garza, Gay-Dagnogo, Hope, Manoogian and Pagan offered the following resolution:

House Resolution No. 190.

A resolution to recognize the historic, cultural, and religious significance of the Festival of Diwali.

Whereas, Diwali is celebrated annually every autumn by Hindus, Sikhs, and Jains in Michigan, the United States, and the world; and

Whereas, Diwali is a holy day, during which celebrants light small oil lamps and place them around the home. The lighting of lamps is followed by prayers for attainment of health, wealth, knowledge, peace, and valor and is recognized as the beginning of a new year for some Hindus; and

Whereas, The word “Diwali” is a shortened version of the Sanskrit word “Deepavali”, which means “a row of lamps”; and in English is referred to as the “Festival of Lights;” and

Whereas, Celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance; and

Whereas, For Hindus, Diwali is a celebration of the belief that light triumphs over darkness, and good triumphs over evil; and

Whereas, For Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and

Whereas, For Jains, Diwali marks the anniversary of the attainment of moksha or liberation by Lord Mahavira, the last of the Tirthankaras, who were the great teachers of Jain dharma, at the end of his life in 527 B.C.; and

Whereas, Michigan remains resolute in its commitment to continue fostering diversity of experience and religious acceptance and Diwali is a time marked by qualities of togetherness, family, and community, now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the historic, cultural, and religious significance of the Festival of Diwali. We recognize the Diwali message of tolerance, compassion, and acceptance of others which resonates with the ideals of the American spirit; and be it further

Resolved, That we express respect and admiration to all those who celebrate the Festival of Diwali throughout the world and in our own communities and call upon public officials and the citizens of Michigan to acknowledge and appreciate those who celebrate Diwali and the peace and prosperity that it signifies.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4125, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51 and 51d (MCL 206.51 and 206.51d), as amended by 2018 PA 588; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

House Bill No. 4335, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1110 and 1205 (MCL 339.1110 and 339.1205), section 1110 as amended by 2014 PA 137 and section 1205 as amended by 1997 PA 97.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Ways and Means,

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

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

The motion prevailed.

Rep. Webber 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, October 23:

House Bill Nos. 5139 5140 5141 5142 5143 5144 5145 5146 5147

The Clerk announced that the following Senate bills had been received on Thursday, October 24:

Senate Bill Nos. 174 179 180 181 182 183 361

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, October 24:

Senate Bill Nos. 599 600 601 602 603 604 605 606 607 608 609 610

Reports of Standing Committees

The Committee on Commerce and Tourism, by Rep. Marino, Chair, referred

House Bill No. 4091, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 2 and 8 (MCL 207.772 and 207.778), section 2 as amended by 2010 PA 9 and section 8 as amended by 2005 PA 339.

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

Favorable Roll Call

To Refer:

Yeas: Reps. Marino, Wendzel, Schroeder, Wakeman, Cambensy, Manoogian and Robinson

Nays: Reps. Reilly, Meerman, Camilleri and Hope

The bill and substitute were referred to the Committee on Ways and Means.

The Committee on Commerce and Tourism, by Rep. Marino, Chair, referred

House Bill No. 4835, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 7A.

to the Committee on Ways and Means with the recommendation that the substitute (H-2) be adopted.

Favorable Roll Call

To Refer:

Yeas: Reps. Marino, Schroeder, Wakeman, Cambensy, Camilleri, Hope, Manoogian and Robinson

Nays: Reps. Wendzel, Reilly and Meerman

The bill and substitute were referred to the Committee on Ways and Means.

The Committee on Commerce and Tourism, by Rep. Marino, Chair, referred

House Bill No. 4836, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.

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

Favorable Roll Call

To Refer:

Yeas: Reps. Marino, Meerman, Schroeder, Wakeman, Cambensy, Camilleri, Hope, Manoogian and Robinson

Nays: Reps. Wendzel and Reilly

The bill and substitute were referred to the Committee on Ways and Means.

The Committee on Commerce and Tourism, by Rep. Marino, Chair, referred

Senate Bill No. 319, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 2, 7, and 10 (MCL 207.772, 207.777, and 207.780), section 2 as amended by 2010 PA 9, section 7 as amended by 2008 PA 284, and section 10 as amended by 2005 PA 339, and by adding section 2a.

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

Favorable Roll Call

To Refer:

Yeas: Reps. Marino, Wendzel, Schroeder, Wakeman, Cambensy, Camilleri, Hope, Manoogian and Robinson

Nays: Reps. Reilly and Meerman

The bill and substitute were referred to the Committee on Ways and Means.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Marino, Chair, of the Committee on Commerce and Tourism, was received and read:

Meeting held on: Thursday, October 24, 2019

Present: Reps. Marino, Wendzel, Reilly, Meerman, Schroeder, Wakeman, Cambensy, Camilleri, Hope, Manoogian and Robinson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vaupel, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, October 24, 2019

Present: Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller, Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and Witwer

Messages from the Senate

Senate Bill No. 174, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending the title and sections 1, 3, 7, 9, 11b, 12, 14, 19, 20, 22, 31, 39, 40, 43, 44, and 46 (MCL 287.701, 287.703, 287.707, 287.709, 287.711b, 287.712, 287.714, 287.719, 287.720, 287.722, 287.731, 287.739, 287.740, 287.743, 287.744, and 287.746), the title and section 43 as amended by 1996 PA 369, sections 1, 20, 39, and 40 as amended by 2000 PA 323, sections 3, 9, 11b, 14, 19, 22, and 44 as amended by 2002 PA 458, section 7 as amended by 1994 PA 41, sections 12 and 31 as amended by 2003 PA 271, section 43 as amended by 1996 PA 369, and section 46 as added by 2009 PA 117, and by adding sections 3a, 3b, 12a, 12b, 14a, 17b, 17c, 17d, 40a, 40b, and 43a; and to repeal acts and parts of acts.

The Senate has passed the bill.