No. 92

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Wednesday, October 2, 2019.

 

1:30 p.m.

 

The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Afendoulis—present       Filler—present              Kahle—present             Reilly—present

Albert—present             Frederick—present        Kennedy—present        Rendon—present

Alexander—present        Garrett—present           Koleszar—present         Robinson—present

Allor—present               Garza—present             Kuppa—present            Sabo—present

Anthony—present          Gay-Dagnogo—present LaFave—present           Schroeder—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—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

Rev. Deborah Dean-Ware, Pastor of Church of the Good Shepherd in Ann Arbor, offered the following invocation:

 

“O Creator of us all, Divine Mother, Heavenly Father, we gather today in the spirit of gratitude for the gift of life and the gift of democracy. Thank You for Your spirit that is moving in and around and through all of us this day and every day.

As this legislative body moves into its business, I ask that You instill into all who are present today the biblical principles of love and compassion, hospitality and justice. Help us to remember the dozens of passages in both the Hebrew bible and Christian testament that command us to welcome the immigrant, to care for the orphan and the widow, to fight religious and political corruption. Help us to remember the more than 900 verses that command us to take care of the poor. Help us to remember that every word in our Bible was written under some form of cruel oppression—that our ancestors of faith wrote about love and care despite living under the bonds of slavery, of brutal foreign occupation, of tragic exile from their homeland and sacred spaces. Help us to remember that Jesus, a mentor and friend to millions around the world, had a special and deep love for those who had been cast to the margins of society. Help us to remember that He sought out those who society had deemed unclean, unworthy of Your love. Help us to remember that He broke religious and civic laws designed to dehumanize Your precious children. Help us to remember that He embodied Your vision for the world when He proclaimed in Luke 4:

18‘The Spirit of the Lord is upon me,

because the Lord has anointed me.

He has sent me to preach good news to the poor,

to proclaim release to the prisoners

and recovery of sight to the blind,

to liberate the oppressed,

19 and to proclaim the year of the Lord’s favor.’

Gracious and loving God, help us reclaim the Bible from those who have sought to weaponize it as a way to garner and retain political and social power, as a way to reinforce oppression on those already suffering from systemic and religious inequity. Help us to speak kind words, reinforced by our compassionate actions, to those battered by religious authorities who willfully turn scripture into texts of terror. Help us to confess to You and to one another that we have too often been silent in the face of injustice, in the face of fear, in the face of the destruction of this beautiful planet You have given us to care for. Forgive us for our complicity, for our reluctance, for our quest for power, for our unwillingness to sacrifice for the common good.

Most of all, Living and Loving God, help us all be beacons of Your light and love. Help us to remember that You love us and every person born at any time in history, anywhere on this planet, with a love that will not let us go. In Your name we pray, Amen.”

 

 

______

 

 

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

 

 

______

 

 

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

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Vaupel, Garza, Sowerby and Witwer offered the following resolution:

House Resolution No. 169.

A resolution to declare October 2, 2019, as Equestrian Trails Day in the state of Michigan.

Whereas, Michigan equestrian trails are an international attraction celebrating healthy opportunities to connect with nature. Michigan boasts of more than 1,000 miles of trails throughout the state which continue to grow into a beautiful infrastructure where every season is celebrated. The trails offer varied terrain including towering forests, meadows, single and two track, waterfalls, lake swims, river, and creek crossings; and

Whereas, Michigan equestrian trails are beneficial for local communities throughout Michigan by generating substantial economic value through the purchase of land, barns, equipment, trucks, trailers, tractors, supplies, tack, feed, professional services, medicines, and more; and

Whereas, Michigan equestrian trails are the home to charity rides which have raised funds for communities across the state. In Allegan County alone, $270,000 has been raised over the past 45 years; and

Whereas, The world renowned Shore to Shore Trail was established in 1962 and dedicated in 1964 to provide a pathway to travel and camp by horseback across Michigan. The Shore to Shore Trail is over 220 miles long connecting Empire on Lake Michigan to Oscoda on Lake Huron. Michigan Trail Riders Association created and maintains this trail through volunteer efforts and it is protected as a “national treasure”; and

Whereas, Michigan Equestrian Trails are the destination for competitive rides such as competitive mounted orienteering. These rides test your horsemanship, map-reading, and compass skills, and provide enjoyment for all throughout Michigan parks and camps for individuals and teams alike in a family friendly sport; and

Whereas, Great Lakes Distance Riders Association organizes numerous endurance, limited distance and competitive trail rides, open to all and ranging in distance from 15-100 miles. The rides take place on gorgeous trails all over the state of Michigan, from the Brighton State Recreation Area in Brighton to the historic Pine Marten Run trail in the Hiawatha National Forest near Munising, while promoting equestrian competition, partnership, and education; and

Whereas, Michigan equestrian trails offer fox hunts for sport leading to an exciting and educational experience for horses, dogs, and riders. Battle Creek Hunt in Augusta, Metamora Hunt in Metamora, and Waterloo Hunt in Grass Lake make up the three foxhunting clubs in Michigan. Hunts take members over many miles of trails consisting of open meadows, beautiful wooded trails, creek and river crossings, and natural and man-made obstacles. Hunter paces offered by the clubs provide an opportunity for the public to get a taste for the sport while providing a unique training opportunity for their mounts; and

Whereas, Michigan communities are alive and well with equine therapy on Michigan trails. Many facilities like the Cheff Therapeutic Riding Center in Augusta Michigan, Equest Center for Therapeutic Riding, Inc. in Grand Rapids and the Beekman Center in Lansing utilize trails in their lesson programs. Detroit Horse Power includes trail riding in their community outreach program of bringing Detroit youth to interact with horses in a variety of settings. Trail rides provide healthy therapy for individuals with special needs dealing with emotional, mental, physical, psychological, and substance abuse issues. The facilities integrate academic, social, and physical skills using the horse as a catalyst, improving the quality of life, achieving dreams, reaching their highest potential, teaching confidence, leadership, and care for creatures and others; and

Whereas, Michigan equestrian trails have received national attention by the television show “Best of America by Horseback” taking place on Mackinac Island where “horses are king” and the island is “the one and only place in our whole country that operates solely with horse power!” according to the March/April issue of 2019 Cowgirl Magazine; and

Whereas, Michigan equestrian trails are celebrated with numerous riding facilities which allow the non-horse owning public to enjoy the trails via horseback, including Wolf Lake Ranch where guests enjoy over 6,500 acres of hills, valleys, and secluded forest in the Manistee National Forest. Visitors from this guest ranch declare this area as the “best riding ever!”; and

Whereas, Michigan equestrian trails are developed and maintained by many trail associations throughout the state consisting of volunteers working in partnership with state, federal, county, and metropark authorities. These associations have passionately served and volunteered well over $600,000 in hours and effort over the past two years alone. The trail associations advocate tirelessly to bring awareness to the needs of the trail riders in Michigan. Their volunteer hours and donated dollars go toward the creation of trails, maintenance of trails, designing and improving campgrounds and staging areas, construction of campground corrals, fundraising events, building skills courses, and more, for the enjoyment of all; and

Whereas, Michigan equestrian trails are natural resources producing economic value, education, employment, empowerment, emotional, mental, physical, psychological, substance abuse therapy, historical reflections, show, sport, tourism, transportation, and travel; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2, 2019, as Equestrian Trails Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Huizenga, Crawford, Garza, Hood, Cynthia Johnson, Lasinski, Love and Witwer offered the following resolution:

House Resolution No. 170.

A resolution to declare October 2019 as Library Appreciation Month in the state of Michigan.

Whereas, The Michigan Library Association (MLA) annually designates the month of October as a statewide observance to celebrate the contributions of Michigan’s libraries, librarians, and library professionals to their communities and to promote library use and support; and

Whereas, Michigan’s libraries, including school, public, academic, and special libraries, are vital institutions and dynamic centers of lifelong learning that play a unique role in ensuring the public’s right to know and empowering people from all walks of life to make informed decisions about the world around them; and

Whereas, Libraries play an integral role as community, educational, and cultural centers that bring together diverse populations and serve as important cornerstones in healthy communities; and

Whereas, Libraries have the most recent ideas and information available on subjects and are a cost-effective means of providing education, training, and the opportunity for self-improvement to all individuals without regard to age, race, income, or socioeconomic background; and

Whereas, Libraries serve as a vital connection to the people, places, and ideas of the world through books, magazines, videos, and the Internet and are the primary point of online access for people without computers at home, school, or work; and

Whereas, Libraries provide indispensable educational resources for children and teenagers, and are on the front lines in the battle against illiteracy, offering plenty of free activities, as well as safe, enriching entertain­ment for the whole family; and

Whereas, Librarians and library workers play key roles in helping people explore, imagine, and discover new horizons in the vast world of information, knowledge, and entertainment; and

Whereas, Two-thirds of adult Americans visit their local public libraries annually, with more than a billion visits made each year by adults, and likewise by students to their school libraries; and

Whereas, Michigan’s libraries play a key role in the statewide and national discourse on intellectual freedom, equity of access, and narrowing the digital divide and are the cornerstone of our democracy; and

Whereas, Thousands of libraries and library supporters across Michigan are celebrating Library Appreciation Month this year; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2019 as Library Appreciation Month in the state of Michigan. We encourage all citizens of Michigan to visit their local library and explore the wide variety of cultural and educational riches that libraries hold; and be it further

Resolved, That we recognize Michigan’s librarians, library professionals and supporters for their contributions to enrich their communities.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Garza, Cynthia Johnson, Lasinski, Love, Manoogian, Pagan, Sowerby, Stone and Witwer offered the following resolution:

House Resolution No. 171.

A resolution to declare October 2019 as College Month in the state of Michigan.

Whereas, According to the Georgetown Center on Education and the Workforce, 70 percent of all jobs in Michigan will require some postsecondary education or training beyond high school by 2020 and only 30 percent of Michigan jobs will be available to those with a high school diploma or less; and

Whereas, The Michigan College Access Network uses the term “college” to refer to the attainment of valuable certificates and degrees beyond high school; and

Whereas, The Free Application for Federal Student Aid (FAFSA), which is the only way to access federal grants and loans that can be instrumental in helping students pay for college, is available beginning October 1; and

Whereas, College Month provides dedicated time and space during the school day to ensure all high school seniors have the opportunity to apply to college and file the FAFSA with support from the Michigan College Access Network, Local College Access Networks, school counselors, college advisers and community members across the state; and

Whereas, During the month of October, students with a demonstrated financial need are encouraged to use the National Association for College Admission Counseling application fee waiver form to ensure that no student is deprived of the opportunity to pursue admission to the institution of their choice due to financial hardship; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2019 as College Month in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Education.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Cole moved that Rule 71 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

 

 

Reps. Yancey, Crawford, Garza, Hood, Cynthia Johnson, Lasinski, Love, Manoogian, Pagan, Sowerby, Stone and Witwer offered the following resolution:

House Resolution No. 172.

A resolution to declare October 2019 as Domestic Violence Awareness Month in the state of Michigan.

Whereas, According to the National Coalition Against Domestic Violence (NCADV), Domestic Violence Awareness Month was launched nationwide in October 1981 as a way to connect and unite individuals and organizations working on domestic violence issues and raise awareness for those issues; and

Whereas, NCADV defines domestic violence as the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse; and

Whereas, Domestic violence impacts individuals in every community of our state, regardless of age, economic status, sexual orientation, gender, race, religion, or nationality; and

Whereas, Perpetrators of domestic violence intentionally engage in a pattern of behavior to exert coercive control in intimate partner relationships, violating the fundamental human rights of those they abuse; and

Whereas, According to the National Network to End Domestic Violence (NNEDV), many of these dynamics of power and control are rooted in gender roles and stereotypes. Conscious education and action is required in order to address these ingrained inequities; and

Whereas, The Michigan Coalition to End Domestic & Sexual Violence (MCEDSV) documented for the 2018 NNEDV National Census of Domestic Violence Services that MCEDSV member programs provided counseling, advocacy, shelter, and/or other forms of support for over 2,649 survivors during the 24-hour survey period, while additionally providing education and training for over 319 individual community members across our state; and

Whereas, While throughout the last three decades, much progress has been made to support domestic violence victims and survivors and to hold abusers accountable, continued awareness, education, and action are crucial to intervention in and prevention of domestic violence; and

Whereas, We must work together to educate our entire population about what can be done to prevent domestic violence, hold perpetrators accountable, support the individual and unique needs of survivors, and ensure that survivors are not re-victimized; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2019 as Domestic Violence Awareness Month in the state of Michigan. We strongly support the efforts of national, state, and local partners, and every citizen to actively engage in public and private efforts to prevent domestic violence. We will take appropriate action and support one another to create a safer environment in order to help end domestic violence.

The question being on the adoption of the resolution,

 

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

Substitute for House Resolution No. 172.

A resolution to declare October 2019 as Domestic Violence Awareness Month in the state of Michigan.

Whereas, According to the National Coalition Against Domestic Violence (NCADV), Domestic Violence Awareness Month was launched nationwide in October 1981 as a way to connect and unite individuals and organizations working on domestic violence issues and raise awareness for those issues; and

Whereas, NCADV defines domestic violence as the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse; and

Whereas, Domestic violence impacts individuals in every community of our state, regardless of age, economic status, sexual orientation, gender, race, religion, or nationality; and

Whereas, Perpetrators of domestic violence intentionally engage in a pattern of behavior to exert coercive control in intimate partner relationships, violating the fundamental human rights of those they abuse; and

Whereas, The Michigan Coalition to End Domestic & Sexual Violence (MCEDSV) documented for the 2018 NNEDV National Census of Domestic Violence Services that MCEDSV member programs provided counseling, advocacy, shelter, and/or other forms of support for over 2,649 survivors during the 24-hour survey period, while additionally providing education and training for over 319 individual community members across our state; and

Whereas, While throughout the last three decades, much progress has been made to support domestic violence victims and survivors and to hold abusers accountable, continued awareness, education, and action are crucial to intervention in and prevention of domestic violence; and

Whereas, We must work together to educate our entire population about what can be done to prevent domestic violence, hold perpetrators accountable, support the individual and unique needs of survivors, and ensure that survivors are not re-victimized; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2019 as Domestic Violence Awareness Month in the state of Michigan. We strongly support the efforts of national, state, and local partners, and every citizen to actively engage in public and private efforts to prevent domestic violence. We will take appropriate action and support one another to create a safer environment in order to help end domestic violence.

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 87.

A resolution to urge the U.S. Fish and Wildlife Service to remove the Michigan gray wolf from the federal endangered and threatened species list.

(For text of resolution, see House Journal No. 42, p. 486.)

(The resolution was reported by the Committee on Natural Resources and Outdoor Recreation on September 10.)

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Third Reading of Bills

 

 

House Bill No. 4315, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479b (MCL 750.479b), as added by 1994 PA 33.

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

 

 

Roll Call No. 246                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Rabhi

Albert                                Filler                        Kahle                                     Reilly

Alexander                          Frederick                 Kennedy                                Rendon

Allor                                 Garrett                     Koleszar                                Sabo

Anthony                            Garza                       Kuppa                                    Schroeder

Bellino                              Gay-Dagnogo           LaFave                                   Shannon

Berman                             Glenn                      LaGrand                                Sheppard

Bolden                              Green                      Lasinski                                 Slagh

Bollin                                Greig                       Leutheuser                             Sneller

Brann                                Griffin                     Liberati                                  Sowerby

Brixie                                Guerra                     Lightner                                 Stone

Byrd                                  Haadsma                 Lilly                                       Tate

Calley                                Hall                         Love                                      VanSingel

Cambensy                         Hauck                      Lower                                    VanWoerkom

Camilleri                           Hernandez               Maddock                                Vaupel

Carter, B.                           Hertel                      Manoogian                             Wakeman

Carter, T.                           Hoadley                   Marino                                   Warren

Chatfield                           Hoitenga                  Markkanen                             Webber

Cherry                               Hood                       Meerman                               Wendzel

Chirkun                             Hope                       Miller                                     Wentworth

Clemente                           Hornberger              Mueller                                  Whiteford

Cole                                  Howell                     Neeley                                   Wittenberg

Coleman                            Huizenga                 O’Malley                               Witwer

Crawford                           Iden                         Pagan                                     Wozniak

Eisen                                 Inman                      Paquette                                 Yancey

Elder                                 Johnson, C.              Peterson                                 Yaroch

Ellison                              Johnson, S.              Pohutsky                               

 

 

                                                               Nays—2

 

 

Hammoud                         Robinson                                                              

 

 

In The Chair: Hornberger

 

 

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.

 

 

______

 

 

The Speaker resumed the Chair.

 

 

House Bill No. 4316, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

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

 

 

Roll Call No. 247                                   Yeas—106

 

 

Afendoulis                         Farrington                Kahle                                     Rabhi

Albert                                Filler                        Kennedy                                Reilly

Alexander                          Frederick                 Koleszar                                Rendon

Allor                                 Garza                       Kuppa                                    Sabo

Anthony                            Gay-Dagnogo           LaFave                                   Schroeder

Bellino                              Glenn                      LaGrand                                Shannon

Berman                             Green                      Lasinski                                 Sheppard

Bolden                              Greig                       Leutheuser                             Slagh

Bollin                                Griffin                     Liberati                                  Sneller

Brann                                Guerra                     Lightner                                 Sowerby

Brixie                                Haadsma                 Lilly                                       Stone

Byrd                                  Hall                         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                               Wittenberg

Coleman                            Iden                         Pagan                                     Witwer

Crawford                           Inman                      Paquette                                 Wozniak

Eisen                                 Johnson, C.              Peterson                                 Yancey

Elder                                 Johnson, S.              Pohutsky                                Yaroch

Ellison                              Jones                                                                    

 

 

                                                               Nays—3

 

 

Garrett                               Hammoud                Robinson                              

 

 

In The Chair: Chatfield

 

 

The House agreed to the title of the bill.

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

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

 

 

______

 

 

 

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

 

 

Rep. Cole moved to reconsider the vote by which the House passed House Bill No. 4315.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 248                                   Yeas—106

 

 

Afendoulis                         Farrington                Kahle                                     Rabhi

Albert                                Filler                        Kennedy                                Reilly

Alexander                          Frederick                 Koleszar                                Rendon

Allor                                 Garza                       Kuppa                                    Sabo

Anthony                            Gay-Dagnogo           LaFave                                   Schroeder

Bellino                              Glenn                      LaGrand                                Shannon

Berman                             Green                      Lasinski                                 Sheppard

Bolden                              Greig                       Leutheuser                             Slagh

Bollin                                Griffin                     Liberati                                  Sneller

Brann                                Guerra                     Lightner                                 Sowerby

Brixie                                Haadsma                 Lilly                                       Stone

Byrd                                  Hall                         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                               Wittenberg

Coleman                            Iden                         Pagan                                     Witwer

Crawford                           Inman                      Paquette                                 Wozniak

Eisen                                 Johnson, C.              Peterson                                 Yancey

Elder                                 Johnson, S.              Pohutsky                                Yaroch

Ellison                              Jones                                                                    

 

 

                                                               Nays—3

 

 

Garrett                               Hammoud                Robinson                              

 

 

In The Chair: Hornberger

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

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

House Bill No. 4349, entitled

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

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. 4389, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, and 14707.

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

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

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

House Bill No. 4390, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2 and 9 (MCL 29.362 and 29.369), as amended by 2017 PA 144, and by adding section 9c.

With the recommendation that the substitute (H-1) 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. 4391, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 14 (MCL 408.1014), as amended by 2012 PA 415, and by adding section 14r.

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

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

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

House Bill No. 4731, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending section 21b (MCL 250.1021b), as added by 2019 PA 4.

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: Wednesday, October 2, 2019

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

 

 

Second Reading of Bills

 

 

House Bill No. 4389, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, and 14707.

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

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

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

The motion prevailed.

House Bill No. 4390, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2 and 9 (MCL 29.362 and 29.369), as amended by 2017 PA 144, and by adding section 9c.

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.

 

 

House Bill No. 4391, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 14 (MCL 408.1014), as amended by 2012 PA 415, and by adding section 14r.

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

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

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

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 Friday, September 27, for her approval of the following bills:

Enrolled House Bill No. 4236 at 9:14 a.m.

Enrolled House Bill No. 4241 at 9:16 a.m.

Enrolled House Bill No. 4232 at 9:18 a.m.

Enrolled House Bill No. 4238 at 11:23 a.m.

Enrolled House Bill No. 4239 at 11:25 a.m.

Enrolled House Bill No. 4229 at 11:27 a.m.

Enrolled House Bill No. 4189 at 4:45 p.m.

Enrolled House Bill No. 4190 at 4:47 p.m.

Enrolled House Bill No. 4191 at 4:49 p.m.

Enrolled House Bill No. 4446 at 4:51 p.m.

Enrolled House Bill No. 4850 at 4:53 p.m.

Enrolled House Bill No. 4857 at 4:55 p.m.

Enrolled House Bill No. 4858 at 4:57 p.m.

Enrolled House Bill No. 4889 at 4:59 p.m.

Enrolled House Bill No. 4891 at 5:01 p.m.

Enrolled House Bill No. 4892 at 5:03 p.m.

Enrolled House Bill No. 4893 at 5:05 p.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, September 30, for her approval of the following bill:

Enrolled House Bill No. 4890 at 2:16 p.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 1, for her approval of the following bill:

Enrolled House Bill No. 4853 at 4:19 p.m.

 

The Clerk announced that the following Senate bill had been received on Wednesday, October 2:

Senate Bill No.       110

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, October 2:

Senate Bill Nos.      538    539

Messages from the Governor

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4229, which makes appropriations for the Department of Agriculture and Rural Development for the fiscal year ending September 30, 2020. I have, however, disapproved four items pursuant to article 5, section 19 of the Michigan Constitution of 1963. The specific item vetoes are detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note the following:

·       Section 215 violates article 4, section 24 of the Michigan Constitution of 1963, as well as the separation of powers required by article 3, section 2, among other provisions of the Michigan Constitution of 1963, and is therefore unenforceable.

·       Those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legisla­ture do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 29, 2019, at 3:28 p.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:36 p.m. and assigned Public Act No. 65, I.E.

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

Rep. Cole moved that consideration of the disapproved line items be postponed for the day.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4231, which makes appropriations for the Department of Corrections for the fiscal year ending September 30, 2020. I have, however, disapproved eight items pursuant to article 5, section 19 of the Michigan Constitution of 1963. The specific item vetoes are detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note the following:

·       I have disapproved section 226, which purports to repurpose funds previously appropriated to work projects that have not ended or been lapsed as required by section 451a of the Management and Budget Act. Because I have disapproved that section using the line-item veto power, the funds in question must remain in their existing work project accounts. I also note that this section violates article 4, section 25 of the Michigan Constitution of 1963.

·       Section 206 and subsection (1) of section 419 violate the separation of powers required by article 3, section 2, amount other provisions of the Michigan Constitution of 1963. I note in particular that, although the legislature may require periodic reports from executive departments, the weekly frequency of the reporting required by section 419 crosses the line from general oversight to direct supervision, and is therefore unenforceable.

·       Sections 225 and 248 violate article 4, section 25 of the Michigan Constitution of 1963, and are therefore unenforceable.

·       Finally, those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 29, 2019, at 3:31 p.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:34 p.m. and assigned Public Act No. 64, I.E.

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

Rep. Cole moved that consideration of the disapproved line items be postponed for the day.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4232, which makes appropriations for the Department of Education for the fiscal year ending September 30, 2020. I have, however, disapproved one item pursuant to article 5, section 19 of the Michigan Constitution of 1963. The item veto is detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note the following:

·       Section 222 violates article 4, section 24 of the Michigan Constitution of 1963, and is therefore unenforceable.

·       Section 236, 237, and 238, which purport to place 75% of the total appropriations to the Department of Education into “administrative reserve funds” under the control of the legislature, amount to an attempt to condition the department’s expenditure of appropriated funds on further legislative approval. They therefore violate the separation of powers required by article 3, section 2, among other provisions of the Michigan Constitution 1963, and are unenforceable

·       Finally, those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 29, 2019, at 3:33 p.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:32 p.m. and assigned Public Act No. 63, 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 consideration of the disapproved line item be postponed for the day.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4236, which makes appropriations to aid in the support of the public universities of the state, and for certain other purposes relating to education, for the fiscal year ending September 30, 2020. I have, however, disapproved two items pursuant to article 5, section 19 of the Michigan Constitution of 1963. The item vetoes are detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note the following:

·       Section 289 is unenforceable to the extent that it assigns the auditor general powers and duties other than those specified in article 4, section 53 of the Michigan Constitution of 1963.

·       Those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 29, 2019, at 3:35 p.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:30 p.m. and assigned Public Act No. 62, I.E.

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

Rep. Cole moved that consideration of the disapproved line items be postponed for the day.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4238, which makes appropriations for the Judiciary for the fiscal year ending September 30, 2020. I have, however, disapproved one item pursuant to article 5, section 19 of the Michigan Constitution of 1963. The specific item veto is detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note the following:

·       Section 215, 216, and 217 violate the separation of powers required by article 3, section 2, among other provisions of the Michigan Constitution of 1963, and are therefore unenforceable.

·       Section 215 also violates article 4, section 24 of the Michigan Constitution of 1963, and is therefore unenforceable on that basis as well.

·       Finally, those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 29, 2019, at 3:37 p.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:28 p.m. and assigned Public Act No. 61, 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 consideration of the disapproved line item be postponed for the day.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4241, which makes appropriations for the Department of Natural Resources for the fiscal year ending September 30, 2020. I have, however, disapproved two items pursuant to article 5, section 19 of the Michigan Constitution of 1963. The specific item vetoes are detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note the following:

·       To the extent that section 602 restrains the Department of Natural Resources from protecting the water resources of this state, it violates article 4, section 25 of the Michigan Constitution of 1963, and are therefore unenforceable.

·       Section 220 violates article 4, section 24 of the Michigan Constitution of 1963, as well as the separation of powers required by article 3, section 2, among other provisions of the Michigan Constitution of 1963, and is therefore unenforceable on that basis as well.

·       Finally, those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 29, 2019, at 3:41 p.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:24 p.m. and assigned Public Act No. 59, I.E.

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

Rep. Cole moved that consideration of the disapproved line items be postponed for the day.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, September 30, 2019

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

 

Representatives,

I have signed Enrolled House Bill 4242, which makes appropriations to aid in the support of the public schools and intermediate school districts of the state, and for certain other purposes relating to education, for the fiscal year ending September 30, 2020. I have, however, disapproved 40 items pursuant to article 5, section 19 of the Michigan Constitution of 1963. The specific item vetoes are detailed in the attached copy of the bill that has been filed with the secretary of state.

To provide direction regarding the implementation of this appropriations act, I note that those provisions of this bill that express merely the intent, advice, preferences, or wishes of the legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

Sincerely,

Gretchen Whitmer

Governor

The bill was signed by the Governor September 30, 2019, at 11:20 a.m.

The bill was filed with the Secretary of State September 30, 2019, at 7:22 p.m. and assigned Public Act No. 58, I.E.

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

Rep. Cole moved that consideration of the disapproved line items be postponed for the day.

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

Reports of Standing Committees

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4926, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 13 and 14 (MCL 123.1353 and 123.1354), as amended by 2018 PA 247.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Afendoulis, Vaupel, Webber, Farrington, O’Malley, Schroeder, Yancey, Wittenberg, Ellison and Lasinski

Nays: Reps. Lower, Steven Johnson and Hall

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

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4927, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 17 (MCL 123.1357), as amended by 2018 PA 616.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

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

Nays: None

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

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4928, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 17 (MCL 123.1357), as amended by 2018 PA 616.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Afendoulis, Lower, Vaupel, Webber, Farrington, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski and Robinson

Nays: Reps. Steven Johnson and Hall

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

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4929, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 16a (MCL 123.1356a), as amended by 2018 PA 247.

to the Committee on Ways and Means.

Favorable Roll Call

 

To Refer:

Yeas: Reps. Afendoulis, Vaupel, Webber, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski and Robinson

Nays: Reps. Lower, Farrington, Steven Johnson and Hall

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

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4930, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 18 (MCL 123.1358), as amended by 2018 PA 616.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Afendoulis, Vaupel, Webber, Farrington, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski and Robinson

Nays: Reps. Lower, Steven Johnson and Hall

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, October 2, 2019

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

Absent: Rep. Whitsett

Excused: Rep. Whitsett

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, October 2, 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. Crawford, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, October 2, 2019

Present: Reps. Crawford, Rendon, Hoitenga, Meerman, Wozniak, Liberati, Brenda Carter and Cynthia Johnson

Absent: Rep. Garrett

Excused: Rep. Garrett

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Calley, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Wednesday, October 2, 2019

Present: Reps. Calley, Sheppard, Hornberger, Paquette, Guerra and Hope

Absent: Rep. Marino

Excused: Rep. Marino

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government and Municipal Finance, was received and read:

Meeting held on: Wednesday, October 2, 2019

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

Absent: Reps. Marino and Garza

Excused: Reps. Marino and Garza

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, October 2, 2019

Present: Reps. Farrington, Schroeder, Sheppard, Bellino, Berman, Wakeman, Gay-Dagnogo, Wittenberg, Clemente and Stone

Absent: Rep. Whitsett

Excused: Rep. Whitsett

 

 

Messages from the Senate

 

 

Senate Bill No. 110, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5306 (MCL 700.5306), as amended by 2004 PA 532.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

Date: September 29, 2019

Time: 3:39 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4239 (Public Act No. 60, I.E.), being

An act 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.

(Filed with the Secretary of State September 30, 2019, at 7:26 p.m.)

 

 

Date: September 30, 2019

Time: 10:46 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4893 (Public Act No. 77, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 11525a (MCL 324.11525a), as amended by 2018 PA 640.

(Filed with the Secretary of State September 30, 2019, at 8:00 p.m.)

Date: September 30, 2019

Time: 10:48 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4892 (Public Act No. 78, I.E.), being

An act to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 3 (MCL 28.273), as amended by 2015 PA 71.

(Filed with the Secretary of State September 30, 2019, at 8:02 p.m.)

 

 

Date: September 30, 2019

Time: 10:50 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4891 (Public Act No. 79, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 3122 and 4112 (MCL 324.3122 and 324.4112), section 3122 as amended by 2015 PA 247 and section 4112 as amended by 2015 PA 82.

(Filed with the Secretary of State September 30, 2019, at 8:04 p.m.)

 

 

Date: September 30, 2019

Time: 10:52 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4889 (Public Act No. 80, I.E.), being

An act to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 7 (MCL 28.297), as amended by 2015 PA 72.

(Filed with the Secretary of State September 30, 2019, at 8:06 p.m.)

 

 

Date: September 30, 2019

Time: 10:54 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4858 (Public Act No. 81, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), sections 80130, 80315, and 82156 as amended by 2015 PA 77 and section 81114 as amended by 2017 PA 199.

(Filed with the Secretary of State September 30, 2019, at 8:08 p.m.)

Date: September 30, 2019

Time: 10:56 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4857 (Public Act No. 82, I.E.), being

An act to amend 1994 PA 295, entitled “An act to require persons convicted of certain offenses to register; to prohibit certain individuals from engaging in certain activities within a student safety zone; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions,” by amending section 5a (MCL 28.725a), as amended by 2013 PA 149.

(Filed with the Secretary of State September 30, 2019, at 8:10 p.m.)

 

 

Date: September 30, 2019

Time: 10:58 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4850 (Public Act No. 83, I.E.), being

An act to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending section 139 (MCL 330.1139), as amended by 2015 PA 59.

(Filed with the Secretary of State September 30, 2019, at 8:12 p.m.)

 

 

Date: September 30, 2019

Time: 4:04 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4890 (Public Act No. 88, I.E.), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804, 806, and 809 (MCL 257.208b, 257.217a, 257.232, 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, and 257.809), sections 208b, 217a, and 232 as amended by 2015 PA 73, section 801 as amended by 2018 PA 656, section 802 as amended by 2016 PA 425, and sections 803b, 803r, 804, 806, and 809 as amended by 2015 PA 78.

(Filed with the Secretary of State September 30, 2019, at 8:22 p.m.)

Explanation of “No” Votes

 

 

Rep. Kennedy, having reserved the right to explain her nay vote pertaining to House Bill No. 4242, made the following statement:

“Mr. Speaker and members of the House:

I voted in opposition of HB4242 to place on the record that simply increasing funding with one-time fixes to one group of students, though helpful is far from enough. Michigan currently underfunds schools by $2,300 per pupil. Special education is underfunded by $700 million dollars. We can not continue to accept 5% increases in one category and a small per pupil increase and pretend it is an improvement. In fact, it does not keep up with inflation or legacy costs, so it moves us farther behind. Certainly these increases are better than nothing, but our students are not ‘nothing.’ They are our future.”

 

 

Communications from State Officers

 

 

   The following communication from the State Budget Office was received and read:

 

September 30, 2019

   Attached you will find the Flint IOM Tracking and Activities Report as required by PA 268. Per the statute:

   (7) Not later than March 30 of each year that the contract is in effect, and not later than September 30 of each year that the contract is in effect, the integrity oversight monitor shall provide a detailed report to the governor, the department of technology, management, and budget, the secretary of the senate, the clerk of the house of representatives, and the chairpersons of the senate and house of representatives committees on appropriations. The report shall contain all of the following:

   (a) Detail of the integrity oversight monitor’s services during the 6-month period.

   (b) Detail of the integrity oversight monitor’s services over the duration of the contract.

   (c) Details of findings of malfeasance or inefficiency.

   (d) Recommendations for corrective actions by any governmental entities.

   Please let us know if you need anything else.

                                                                                          Thank you,

                                                                                          State Budget Office

                                                                                          517-335-3420

   The communication was referred to the Clerk.

 

 

   The following communication from the Department of Environment, Great Lakes, and Energy was received and read:

 

September 30, 2019

   In accordance with Sections 17303(9) and 17317(9) of Part 173, Electronics, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, attached is the Department of Environment, Great Lakes, and Energy’s (EGLE) report on the Electronic Waste Recycling Fund for fiscal years 2018 and 2019.

   If you need further information, please contact Jack Schinderle, Director, Materials Management Division, at 517-284-6551; or you may contact me at 517-284-6708.

                                                                                          Liesl Eichler Clark, Director

   The communication was referred to the Clerk.

 

 

Announcements by the Clerk

 

 

September 27, 2019

Received from the Auditor General a copy of the:

·         Report on internal control over financial reporting of the Michigan Public School Employees’ Retirement System Schedules of Employer Pension and Other Postempoyment Benefit Allocations and Schedules of Collective Pension and Other Postemployment Benefit Amounts for the fiscal year ended September 30, 2018 (071-0164-19).

                                                                                       Gary L. Randall

                                                                                       Clerk of the House

 

 

______

 

 

Rep. Greig moved that the House adjourn.

The motion prevailed, the time being 3:55 p.m.

 

Associate Speaker Pro Tempore Hornberger declared the House adjourned until Thursday, October 3, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives