STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House Chamber, Lansing, Wednesday, June 10, 2020.
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 Jones—present Rabhi—present
Albert—present Frederick—present Kahle—present Reilly—present
Alexander—present Garrett—present Kennedy—present Rendon—present
Allor—present Garza—present Koleszar—present Sabo—present
Anthony—present Gay-Dagnogo—present Kuppa—present Schroeder—present
Bellino—present Glenn—present LaFave—present Shannon—present
Berman—present Green—present LaGrand—present Sheppard—present
Bolden—present Greig—present Lasinski—present Slagh—present
Bollin—present Griffin—present Leutheuser—present Sneller—present
Brann—present Guerra—present Liberati—present Sowerby—present
Brixie—present Haadsma—present Lightner—present Stone—present
Byrd—present Hall—present Lilly—present Tate—present
Calley—present Hammoud—present Love—present VanSingel—present
Cambensy—present Hauck—present Lower—present VanWoerkom—present
Camilleri—present Hernandez—present Maddock—present Vaupel—present
Carter, B.—present Hertel—present Manoogian—present Wakeman—present
Carter, T.—present Hoadley—present Marino—present Warren—present
Chatfield—present Hoitenga—present Markkanen—excused Webber—present
Cherry—present Hood—present Meerman—present Wendzel—present
Chirkun—present Hope—present Miller—present Wentworth—present
Clemente—present Hornberger—present Mueller—present Whiteford—present
Cole—present Howell—present Neeley, C.—present Whitsett—present
Coleman—present Huizenga—present O’Malley—present Wittenberg—present
Crawford—present Iden—present Pagan—present Witwer—present
Eisen—present Inman—present Paquette—present Wozniak—present
Elder—present Johnson,
C.—present Peterson—present Yancey—present
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Rep. Jim Haadsma, from the 62nd
District, offered the following invocation:
“We thank You, God, for bringing us
here this afternoon, to act as one for state of Michigan, for, as the Apostle
Paul wrote in his letter to the Galatians, ‘In Christ there is neither Jew nor
Greek; there is neither slave nor free; there is no longer male and female, for
you are all one in Christ Jesus;’ please minister through us today to act in
such oneness. Amen.”
______
Rep.
Cole moved that Rep. Markkanen be excused from today’s session.
The
motion prevailed.
Motions and Resolutions
Reps. Lasinski, Brixie, Pagan, Sabo, Greig, Sowerby, Hood, Ellison,
Rabhi, Pohutsky, Yancey, Tate, Kuppa, Witwer, Wozniak, Hertel, Tyrone Carter,
Koleszar, Warren, Stone, Clemente, Hope, Kennedy, Cynthia Neeley, Wittenberg,
Cherry, Gay-Dagnogo, Cynthia Johnson, Shannon, Bolden, Hoadley, Camilleri,
Guerra, Manoogian, Liberati, Brenda Carter, Coleman, Sneller, Hammoud, Elder,
Chirkun, Peterson, Marino, Howell, LaGrand, Byrd, Whitsett, Jones, Garza,
Cambensy, Haadsma, Garrett and Love offered the following resolution:
House Resolution No. 272.
A resolution to commemorate the
celebration of the 75th anniversary of the Michigan Association for Justice and
express appreciation for the organization’s contributions to promoting and
protecting a fair and effective justice system in Michigan and safeguarding the
7th Amendment of the United States Constitution.
Whereas, It is an honor for the
members of the Michigan Legislature to join in saluting the Michigan
Association for Justice (MAJ) as it marks 75 years of service in jurisprudence.
This renowned group was formed in 1945 with approximately twenty lawyers who
were specialists in workers’ compensation. Mr. Sam Charfoos served as the first
president of the organization which is dedicated to ensuring access to the
civil justice system and defending our cherished right to a civil trial by
jury; and
Whereas, The 7th Amendment to the
United States Constitution grants every American the right to a civil trial by
jury. Over the years, members of MAJ have fought courageously to protect the
rights of consumers, workers, children, and families from powerful forces
aligned against them. Trial lawyers are champions for vulnerable people who
would otherwise have no voice; and
Whereas, The Constitution of
Michigan of 1963, Article 1, Section 14, states that “The right of [civil]
trial by jury shall remain.” We applaud the efforts of MAJ members to keep the
justice system fair and open. Through effective efforts on behalf of innocent
victims, civil rights, and equal rights, many people have gained access to
justice, and many others have been protected by the precedents that certain of
these cases have set. The accomplishments of the Michigan Association for
Justice in fulfilling its mission of promoting and protecting a fair and
effective justice system and ensuring that any person who is injured by the
misconduct or negligence of others can obtain justice in Michigan’s courtrooms
stand as a bulwark against unfairness, inequity, and injustice. Its 75 years of
vigilance and attainment gives great significance to this notable milestone in
MAJ history; now, therefore, be it
Resolved by the House of
Representatives, that the members of this legislative body commemorate the
celebration of the 75th anniversary of the Michigan Association for Justice and
express appreciation for the organization’s contributions to promoting and
protecting a fair and effective justice system in Michigan and safeguarding the
7th amendment of the United States Constitution; and be if further
Resolved, That copies of this
resolution be transmitted to MAJ President Robert J. MacDonald, MAJ
President-Elect Donna M. MacKenzie, MAJ Vice President Ronald K. Weiner,
Executive Director Stephen V. Pontoni, and the membership and staff of
this admirable organization as evidence of the Michigan Legislature’s lasting
respect and admiration.
The question being on the adoption of the resolution,
Rep. Lasinski moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution
No. 272.
A resolution to commemorate June
11, 2020, as the celebration of the 75th anniversary of the Michigan
Association for Justice and express appreciation for the organization’s
contributions to promoting and protecting a fair and effective justice system
in Michigan and safeguarding the 7th Amendment of the United States
Constitution.
Whereas, It is an honor for the
members of the Michigan Legislature to join in saluting the Michigan
Association for Justice (MAJ) as it marks 75 years of service in jurisprudence.
This renowned group was formed in 1945 with approximately twenty lawyers who
were specialists in workers’ compensation. Mr. Sam Charfoos served as the first
president of the organization which is dedicated to ensuring access to the
civil justice system and defending our cherished right to a civil trial by
jury; and
Whereas, The 7th Amendment to the
United States Constitution grants every American the right to a civil trial by
jury. Over the years, members of MAJ have fought courageously to protect the
rights of consumers, workers, children, and families from powerful forces
aligned against them. Trial lawyers are champions for vulnerable people who
would otherwise have no voice; and
Whereas, The Constitution of
Michigan of 1963, Article 1, Section 14, states that “The right of [civil]
trial by jury shall remain.” We applaud the efforts of MAJ members to keep the
justice system fair and open. Through effective efforts on behalf of innocent
victims, civil rights, and equal rights, many people have gained access to
justice, and many others have been protected by the precedents that certain of
these cases have set. The accomplishments of the Michigan Association for
Justice in fulfilling its mission of promoting and protecting a fair and
effective justice system and ensuring that any person who is injured by the
misconduct or negligence of others can obtain justice in Michigan’s courtrooms
stand as a bulwark against unfairness, inequity, and injustice. Its 75 years of
vigilance and attainment gives great significance to this notable milestone in
MAJ history; now, therefore, be it
Resolved by the House of Representatives,
that the members of this legislative body commemorate June 11, 2020, as
the celebration of the 75th anniversary of the Michigan Association for Justice
and express appreciation for the organization’s contributions to promoting and
protecting a fair and effective justice system in Michigan and safeguarding the
7th amendment of the United States Constitution; and be if further
Resolved, That copies of this
resolution be transmitted to MAJ President Robert J. MacDonald, MAJ
President-Elect Donna M. MacKenzie, MAJ Vice President Ronald K. Weiner,
Executive Director Stephen V. Pontoni, and the membership and staff of
this admirable organization as evidence of the Michigan Legislature’s lasting
respect and admiration.
The
question being on the adoption of the resolution,
Rep.
Cole moved that consideration of the resolution be postponed temporarily.
The motion prevailed.
Reps. Kuppa, Brixie, Stone, Sowerby, Shannon, Hammoud, Rabhi, Koleszar,
Greig, Garza, Elder, Kennedy, Cynthia Neeley, Tyrone Carter, Yancey, Hoadley,
Warren, Wittenberg, Coleman, Cherry, Chirkun, Gay‑Dagnogo, Haadsma, Hope,
Lasinski, Pagan, Sabo and Shannon offered the following resolution:
House Resolution No. 273.
A resolution to oppose actions by
the United States Environmental Protection Agency relaxing the enforcement of
environmental rules in response to the novel coronavirus outbreak.
Whereas, The spread of
coronavirus disease 2019 (COVID-19) has resulted in a global pandemic spreading
across 213 countries and other locations. In the most serious cases, this
disease causes serious respiratory illness and death, with death rates that are
notably higher than common viruses like influenza. In the United States
alone, there have been hundreds of thousands of confirmed cases and tens of
thousands of deaths with numbers continuing to rise daily; and
Whereas, On March 26, 2020, the
U.S. Environmental Protection Agency (EPA) issued a memorandum announcing its
temporary policy to relax the enforcement of federal environmental rules. The
policy states that the EPA will use its enforcement discretion for
noncompliance covered by the policy and does not expect to seek penalties for
certain violations of environmental protection rules; and
Whereas, Relaxing environmental
rules that protect the health of the public is not in the best interest of
Americans at a time when public health is already severely threatened by COVID-19.
Safe water is vital for preventing serious
illness, both for consumption and for following COVID-19 handwashing
recommendations. Clean air is important for everyone but particularly to
protect individuals with chronic conditions who are already more vulnerable to
COVID-19 and its serious respiratory complications; and
Whereas, Death rates from
COVID-19 are higher in counties with higher levels of long-term air pollution
according to a study conducted at Harvard University. Even small increases in certain
types of air pollution lead to large increases in death rates from COVID-19.
The researchers conclude that the “study results underscore the importance of
continuing to enforce existing air pollution regulations to protect human
health both during and after the COVID-19 crisis”;
now, therefore, be it
Resolved by the House of
Representatives, That we oppose actions by the United States Environmental
Protection Agency relaxing the enforcement of environmental rules in response
to the novel coronavirus outbreak; and be it further
Resolved, That copies of this
resolution be transmitted to the Administrator of the United States
Environmental Protection Agency and the members of the Michigan congressional
delegation.
The resolution was referred to the Committee on Natural Resources and
Outdoor Recreation.
The House returned to the
consideration of
House Resolution No. 272.
A resolution to commemorate the
celebration of the 75th anniversary of the Michigan Association for Justice and
express appreciation for the organization’s contributions to promoting and
protecting a fair and effective justice system in Michigan and safeguarding the
7th Amendment of the United States Constitution.
(The resolution was considered
earlier today, see today’s Journal, p. 1010.)
The
question being on the adoption of the resolution,
The resolution was adopted.
Reps. Glenn, Calley, Cherry, Chirkun, Crawford, Gay-Dagnogo, Haadsma,
Hoadley, Hope, Kennedy, Love, Pagan, Sabo, Shannon, Stone, Warren and
Wittenberg offered the following resolution:
House Resolution No. 274.
A resolution to recognize June
12, 2020, as Women Veterans Recognition Day in the state of Michigan.
Whereas, Women have proudly
served their country throughout all periods of the history of the United States,
whether disguised as male soldiers during the American Revolution and Civil
War, as nurses in World War I or as combat helicopter pilots in Afghanistan;
and
Whereas, Women have formally been
part of the United States Armed Forces since the inception of the Army Nurse
Corps in 1901, but have informally served since the inception of our nation’s
military; and
Whereas, During the American
Revolution, women served on the battlefield alongside the men, mainly as
nurses, water bearers, often called “Molly Pitchers,” cooks, laundresses, and
saboteurs. Despite Army regulations that only men could enlist, women who
wanted to join in the fighting circumvented the rules by masquerading as young
men or boys; and
Whereas, In 1917, the Navy
announced it would open enlistment to women. About 12,000 female yeomen entered
the Navy and filled a variety of jobs, including draftsmen, interpreters,
couriers, and translators; and
Whereas, During World War I, 307
women enlisted in the Marine Corps. Like their sisters in the Navy, they were
limited to the enlisted ranks and worked mainly in Washington, D.C., doing
various administrative jobs. Women’s service contributions in World War I
showed that they either had, or could quickly learn, nontraditional skills
needed by the military; and
Whereas, Following Pearl Harbor,
Congress authorized new components for women’s services that increased the
number of active duty positions in the Army and Navy Nurse Corps. In May 1942,
the Army was given the authority to establish the Women’s Army Auxiliary Corps,
also known as the WAACs. The Navy, Coast Guard, and Marine Corps followed suit,
but rather than making women an auxiliary component they opted to enroll them
in the reserves on the same basis as their male counterparts, while the Army
Air Forces enlisted nearly 1,100 female civilian volunteers who earned their
silver wings as Women Airforce Service Pilots (WASP); and
Whereas, At the end of World War
II in 1945, of the approximately 12 million people remaining in the Armed
Forces, about 280,000 were women; and
Whereas, With the passage of the
Women’s Armed Services Integration Act of 1948, women became a permanent part
of the United States military, but women continued to be restricted to two
percent of the military population. That restriction was finally lifted in 1967
with the amendment of the Women’s Armed Services Integration Act, which also
opened senior officer ranks to women; and
Whereas, The early 1990s were a
historic time for women in the military with over 40,000 women deploying in
support of the Persian Gulf War, making women service members more visible in
the eyes of the public. In addition, the Defense Authorization Act in 1992
repealed combat exclusion laws that had prevented women from flying combat aircrafts;
and
Whereas, Women who have served in
the United States military are often referred to as the “invisible veterans”
because their service contributions, until the 1970s, went largely unrecognized
by politicians, the media, academia, and the general public; and
Whereas, Even though women have
been officially serving in the military since the creation of the Army Nurse
Corps in 1901, they have not always been considered qualified for veteran
status for the purpose of receiving benefits from the Department of Veterans
Affairs. Even after women were granted veteran status, issues of access,
exclusion, and improper management of their health care remained; and
Whereas, It was not until well
after World War II that women who served in the military began to officially be
recognized as veterans; and
Whereas, In the late 1970s and
early 1980s, many of the contributions made by women in World War II were
formally recognized through laws that granted these women with veteran status
for their time in service. This opened the doors for women to take advantage of
programs, opportunities, and benefits from the federal and state governments,
the Department of Veterans Affairs, and other veteran service organizations;
and
Whereas, Over the past 20 years,
the Veteran Health Administration (VHA) has introduced initiatives designed to
improve health care access and quality of care for women veterans; and
Whereas, In 2008, VHA’s Women
Veterans Health Strategic Health Care Group began a five-year plan to redesign
the nation’s health care delivery system for women. A fundamental component of
this plan was to ensure that all women veterans had access to comprehensive
primary care from skilled women’s health providers; and
Whereas, The 1980 decennial
census marked the first time that information on women veterans was ever
captured in a large national survey. At the time of the 1980 decennial census,
women made up just over two percent of the veteran population. Today, that
proportion has increased to almost eight percent; and
Whereas, There are currently over
two million women veterans living in the United States and Puerto Rico. Of this
number, nearly 44,000 make Michigan their home; now, therefore, be it
Resolved by the House of
Representatives, That members of this legislative body recognize June 12, 2020,
as Women Veterans Recognition Day in the state of Michigan; and be it further
Resolved, That we urge all
Michiganders to honor women veterans on this momentous occasion.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Lasinski, Cherry, Chirkun, Gay-Dagnogo, Haadsma, Hoadley, Hope,
Kennedy, Love, Pagan, Sabo, Shannon, Sowerby, Stone, Warren and Wittenberg
offered the following resolution:
House Resolution No. 275.
A resolution to memorialize the
Congress of the United States to ensure that all Americans have internet access
necessary to participate in telemedicine, distance learning, and telework as
part of any legislation that provides relief and recovery resources related to
the COVID-19 Pandemic.
Whereas, The spread of novel
coronavirus (COVID-19) has resulted in a global pandemic spreading across 213 countries,
areas, and territories, including the United States; and
Whereas, To combat the rapid
dispersion of the virus, drastic measures have been taken in Michigan and other
states, including orders requiring residents to stay at home. For many of us,
this means taking our daily activities — school, work, and medical care —
online; and
Whereas, Affordable
and reliable internet access is fundamental to full participation in education,
work, and health care in everyday life, but it is even more urgently needed
during this health crisis. Yet 37 percent of Michigan residents do not have
access to high speed broadband internet and in some rural counties this number
exceeds 90 percent. Disparities in home internet access exacerbates existing
gaps in educational, economic, and health outcomes for disadvantaged
individuals and families; and
Whereas, The closure
of many schools across the nation due to COVID-19 and the transition to online
learning makes it crystal clear that access to the internet is an absolute
requirement to continued education
in the United States. Yet, over 9,000,000 children across the country do not
currently have any internet access; and
Whereas, Due to the COVID-19 Pandemic, accessing
health care in person carries risks for some individuals. Yet, lack of internet
access makes it impossible for many Americans to participate in telemedicine
opportunities with their doctors. This lack of internet access is increasing
healthcare disparities in the nation; and
Whereas, Providing state and local governments
with adequate funding and increasing funding support of the Federal
Communications Commission will ensure that all students, employees, and those
seeking medical care are able to participate equally in necessary, online
activities; now, therefore, be it
Resolved by the House of
Representatives, That we memorialize the Congress of the United States to
ensure that all Americans have internet access necessary to participate in
telemedicine, distance learning, and telework as part of any legislation that
provides relief and recovery resources related to the COVID-19 Pandemic; and be
it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
The resolution was referred to the Committee on Communications and
Technology.
The Speaker laid before the House
House Bill No. 5541, entitled
A bill 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
sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2018 PA
605 and section 2 as amended by 2018 PA 669.
(The bill was received from the
Senate on June 9, with substitute (S-1) and immediate effect given by the
Senate, consideration of which, under the rules, was postponed until today, see
House Journal No. 51, p. 995.)
The question being on concurring
in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred
in, a majority of the members serving voting therefor, by yeas and nays, as
follows:
Afendoulis Farrington Johnson, S. Rabhi
Albert Filler Jones Reilly
Alexander Frederick Kahle Rendon
Allor Garrett Kennedy Sabo
Anthony Garza Koleszar Schroeder
Bellino Gay-Dagnogo Kuppa Shannon
Berman Glenn LaFave Sheppard
Bolden Green LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter,
B. Hernandez Maddock Wakeman
Carter,
T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Mueller Whiteford
Cole Hornberger Neeley, C. Whitsett
Coleman Howell O’Malley Wittenberg
Crawford Huizenga Pagan Witwer
Eisen Iden Paquette Wozniak
Elder Inman Peterson Yancey
Ellison Johnson, C. Pohutsky Yaroch
Nays—0
In The Chair: Chatfield
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
______
The
Speaker called Associate Speaker Pro Tempore Hornberger to the Chair.
Senate Bill No. 278, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending sections 221 and 310 (MCL 257.221 and 257.310), section 221 as amended
by 1998 PA 64 and section 310 as amended by 2018 PA 177.
The
bill was read a third time.
The
question being on the passage of the bill,
Rep. O’Malley moved to amend the bill as follows:
1. Amend page 2, line 15, after “(1)”
by striking out the balance of the line through “state” on line 17 and
inserting “to allow a person with access to the law enforcement information
network under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to
28.215,”.
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. 231 Yeas—108
Afendoulis Farrington Johnson, S. Rabhi
Albert Filler Jones Reilly
Alexander Frederick Kahle Rendon
Allor Garrett Kennedy Sabo
Anthony Garza Koleszar Schroeder
Bellino Gay-Dagnogo Kuppa Shannon
Berman Glenn LaFave Sheppard
Bolden Green LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, B. Hernandez Maddock Wakeman
Carter, T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Mueller Whiteford
Cole Hornberger Neeley, C. Whitsett
Coleman Howell O’Malley Wittenberg
Crawford Huizenga Pagan Witwer
Eisen Iden Paquette Wozniak
Elder Inman Peterson Yancey
Ellison Johnson,
C. Pohutsky Yaroch
Nays—0
In The
Chair: Hornberger
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“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,”
The
House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 279, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and
enhanced official state personal identification card act,” by amending section
5 (MCL 28.305), as amended by 2018 PA 606.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 232 Yeas—108
Afendoulis Farrington Johnson, S. Rabhi
Albert Filler Jones Reilly
Alexander Frederick Kahle Rendon
Allor Garrett Kennedy Sabo
Anthony Garza Koleszar Schroeder
Bellino Gay-Dagnogo Kuppa Shannon
Berman Glenn LaFave Sheppard
Bolden Green LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, B. Hernandez Maddock Wakeman
Carter, T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Mueller Whiteford
Cole Hornberger Neeley, C. Whitsett
Coleman Howell O’Malley Wittenberg
Crawford Huizenga Pagan Witwer
Eisen Iden Paquette Wozniak
Elder Inman Peterson Yancey
Ellison Johnson,
C. Pohutsky Yaroch
Nays—0
In The
Chair: Hornberger
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to authorize the secretary of state to issue enhanced driver licenses and
state personal identification cards to United States citizens who reside in
Michigan to facilitate travel between the United States and Canada; to
establish certain funds and prescribe duties for certain officials; and to
prohibit certain conduct and prescribe penalties,”
The
House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5137, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 7401 (MCL 333.7401), as amended by 2016 PA 548.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 233 Yeas—107
Afendoulis Farrington Jones Reilly
Albert Filler Kahle Rendon
Alexander Frederick Kennedy Sabo
Allor Garrett Koleszar Schroeder
Anthony Garza Kuppa Shannon
Bellino Gay-Dagnogo LaFave Sheppard
Berman Glenn LaGrand Slagh
Bolden Green Lasinski Sneller
Bollin Greig Leutheuser Sowerby
Brann Griffin Liberati Stone
Brixie Guerra Lightner Tate
Byrd Haadsma Lilly VanSingel
Calley Hall Love VanWoerkom
Cambensy Hammoud Lower Vaupel
Camilleri Hauck Maddock Wakeman
Carter, B. Hernandez Manoogian Warren
Carter, T. Hertel Marino Webber
Chatfield Hoadley Meerman Wendzel
Cherry Hoitenga Miller Wentworth
Chirkun Hood Mueller Whiteford
Clemente Hope Neeley, C. Whitsett
Cole Hornberger O’Malley Wittenberg
Coleman Howell Pagan Witwer
Crawford Huizenga Paquette Wozniak
Eisen Iden Peterson Yancey
Elder Inman Pohutsky Yaroch
Ellison Johnson,
S. Rabhi
Nays—1
Johnson, C.
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.
House Bill No. 5138, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA
549.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 234 Yeas—105
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garza Koleszar Sabo
Anthony Gay-Dagnogo Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Love VanSingel
Cambensy Hauck Lower VanWoerkom
Camilleri Hernandez Maddock Vaupel
Carter, B. Hertel Manoogian Wakeman
Carter, T. Hoadley Marino Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley, C. Whiteford
Cole Howell O’Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson,
S. Pohutsky Yaroch
Ellison
Nays—3
Garrett Johnson,
C. Yancey
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.
House Bill No. 5299, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 1 of chapter XI (MCL 771.1), as amended by 2006 PA
631.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 235 Yeas—105
Afendoulis Filler Johnson, S. Reilly
Albert Frederick Jones Rendon
Alexander Garrett Kahle Sabo
Anthony Garza Kennedy Schroeder
Bellino Gay-Dagnogo Koleszar Shannon
Berman Glenn Kuppa Sheppard
Bolden Green LaFave Slagh
Bollin Greig LaGrand Sneller
Brann Griffin Lasinski Sowerby
Brixie Guerra Leutheuser Stone
Byrd Haadsma Liberati Tate
Calley Hall Lightner VanSingel
Cambensy Hammoud Lilly VanWoerkom
Camilleri Hauck Love Vaupel
Carter, B. Hernandez Lower Wakeman
Carter, T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Neeley, C. Whiteford
Cole Hornberger O’Malley Whitsett
Coleman Howell Pagan Wittenberg
Crawford Huizenga Paquette Witwer
Eisen Iden Peterson Wozniak
Elder Inman Pohutsky Yancey
Ellison Johnson,
C. Rabhi Yaroch
Farrington
Nays—3
Allor Maddock Mueller
In The
Chair: Hornberger
The
question being on agreeing to the title of the bill,
Rep.
Cole moved to amend the title to read as follows:
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 1 of chapter XI (MCL 771.1), as amended by 2019 PA 165.
The
motion prevailed.
The
House agreed to the title as amended.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5627, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by repealing
section 7415 (MCL 333.7415).
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 236 Yeas—105
Afendoulis Filler Johnson, S. Reilly
Albert Frederick Jones Rendon
Alexander Garrett Kahle Sabo
Anthony Garza Kennedy Schroeder
Bellino Gay-Dagnogo Koleszar Shannon
Berman Glenn Kuppa Sheppard
Bolden Green LaFave Slagh
Bollin Greig LaGrand Sneller
Brann Griffin Lasinski Sowerby
Brixie Guerra Leutheuser Stone
Byrd Haadsma Liberati Tate
Calley Hall Lightner VanSingel
Cambensy Hammoud Lilly VanWoerkom
Camilleri Hauck Love Vaupel
Carter, B. Hernandez Lower Wakeman
Carter, T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Neeley, C. Whiteford
Cole Hornberger O’Malley Whitsett
Coleman Howell Pagan Wittenberg
Crawford Huizenga Paquette Witwer
Eisen Iden Peterson Wozniak
Elder Inman Pohutsky Yancey
Ellison Johnson,
C. Rabhi Yaroch
Farrington
Nays—3
Allor Maddock Mueller
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.
Rep.
Cole moved to reconsider the vote by which the House passed House Bill No. 5137.
The
motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5137, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending section 7401
(MCL 333.7401), as amended by 2016 PA 548.
(The
bill was passed earlier today, see today’s Journal, p. 1017.)
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. 237 Yeas—105
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garza Koleszar Sabo
Anthony Gay-Dagnogo Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Love VanSingel
Cambensy Hauck Lower VanWoerkom
Camilleri Hernandez Maddock Vaupel
Carter, B. Hertel Manoogian Wakeman
Carter, T. Hoadley Marino Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley, C. Whiteford
Cole Howell O’Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson,
S. Pohutsky Yaroch
Ellison
Nays—3
Garrett Johnson,
C. Yancey
In The
Chair: Hornberger
House Bill No. 5657, entitled
A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the
access by prisoners and by employees of correctional facilities to certain
weapons and wireless communication devices and to alcoholic liquor, drugs,
medicines, poisons, and controlled substances in, on, or outside of
correctional facilities; to prohibit or limit the bringing into or onto certain
facilities and real property, and the disposition of, certain weapons, substances,
and wireless communication devices; to prohibit or limit the selling, giving,
or furnishing of certain weapons, substances, and wireless communication
devices to prisoners; to prohibit the control or possession of certain weapons,
substances, and wireless communication devices by prisoners; and to prescribe
penalties,” by amending section 5 (MCL 800.285), as amended by 1982 PA 343.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 238 Yeas—104
Afendoulis Ellison Johnson, S. Pohutsky
Albert Farrington Jones Rabhi
Alexander Filler Kahle Reilly
Allor Frederick Kennedy Rendon
Anthony Garza Koleszar Sabo
Bellino Gay-Dagnogo Kuppa Schroeder
Berman Glenn LaFave Shannon
Bolden Green LaGrand Sheppard
Bollin Greig Lasinski Slagh
Brann Griffin Leutheuser Sneller
Brixie Guerra Liberati Sowerby
Byrd Haadsma Lightner Stone
Calley Hall Lilly Tate
Cambensy Hammoud Love VanSingel
Camilleri Hauck Lower VanWoerkom
Carter, B. Hernandez Maddock Vaupel
Carter, T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Meerman Webber
Chirkun Hood Miller Wendzel
Clemente Hope Mueller Wentworth
Cole Hornberger Neeley, C. Whiteford
Coleman Howell O’Malley Wittenberg
Crawford Huizenga Pagan Witwer
Eisen Iden Paquette Wozniak
Elder Inman Peterson Yaroch
Nays—4
Garrett Johnson,
C. Whitsett Yancey
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.
______
“Mr. Speaker and members of the House:
The wording of HB5657 is not clear. I
don’t want it perceived that I would approve or vote to allow drugs brought
into the prisons. I want it clear that this Bill is ONLY changing where the
language is transferred.”
House Bill No. 5658, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 29 of chapter VII (MCL 767.29), as amended by 1988 PA
90.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 239 Yeas—108
Afendoulis Farrington Johnson, S. Rabhi
Albert Filler Jones Reilly
Alexander Frederick Kahle Rendon
Allor Garrett Kennedy Sabo
Anthony Garza Koleszar Schroeder
Bellino Gay-Dagnogo Kuppa Shannon
Berman Glenn LaFave Sheppard
Bolden Green LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, B. Hernandez Maddock Wakeman
Carter, T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Mueller Whiteford
Cole Hornberger Neeley, C. Whitsett
Coleman Howell O’Malley Wittenberg
Crawford Huizenga Pagan Witwer
Eisen Iden Paquette Wozniak
Elder Inman Peterson Yancey
Ellison Johnson,
C. Pohutsky Yaroch
Nays—0
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.
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. 5046, entitled
A bill to allow local governments
and certain authorities to withhold payment under certain conditions to
contractors on an asbestos abatement project; to provide for mandatory contract
conditions on certain asbestos abatement projects; to provide for certain
disclosures; and to prescribe the powers and duties of certain local officials.
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, Warren, Byrd, Hertel and Bolden
Nays: Rep. Meerman
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 5047, entitled
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” (MCL 324.101 to
324.90106) by adding sections 5519 and 5519a.
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, Warren, Byrd, Hertel and Bolden
Nays: Rep. Meerman
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 5048, entitled
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” (MCL 324.101 to
324.90106) by adding section 5519b.
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, Warren, Byrd, Hertel and Bolden
Nays: Rep. Meerman
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 5049, entitled
A bill to prohibit certain public
entities from entering into certain contracts with certain entities that remove
or abate asbestos; to require certain entities to disclose certain information
when bidding on certain contracts with public entities; and to impose certain
duties and responsibilities on certain public entities.
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, Warren, Byrd, Hertel and Bolden
Nays: Rep. Meerman
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 5050, entitled
A bill to prohibit certain public
entities from entering into certain contracts with certain entities that remove
or abate asbestos; to require certain entities to disclose certain information
when bidding on certain contracts with public entities; and to impose certain
duties and responsibilities on certain public entities.
With the recommendation that the
substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were
referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly,
Leutheuser, Griffin, Hauck, Kahle, Warren, Byrd, Hertel and Bolden
Nays: Rep. Meerman
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
House Bill No. 5602, entitled
A bill to amend 1972 PA 230,
entitled “Stille-DeRossett-Hale single state construction code act,” by
amending section 28a (MCL 125.1528a), as amended by 2018 PA 332.
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, Meerman, Warren, Byrd, Hertel and Bolden
Nays: None
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
Senate Bill No. 630, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending sections 16111, 16333, 17705, 17706,
17707, 17709, 17722, 17742, 17748, 17767, and 17768 (MCL 333.16111, 333.16333,
333.17705, 333.17706, 333.17707, 333.17709, 333.17722, 333.17742, 333.17748,
333.17767, and 333.17768), section 16111 as amended by 2006 PA 392,
section 16333 as amended by 2014 PA 285, section 17705 as amended by 1986 PA
304, section 17706 as amended by 2014 PA 280, sections 17707, 17709, 17722,
17742, 17748, and 17768 as amended by 2020 PA 4, and section 17767 as amended
by 1993 PA 79, and by adding sections 17748e and 17748f.
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, Meerman, Warren, Byrd, Hertel and Bolden
Nays: None
The Committee on Ways and Means,
by Rep. Iden, Chair, reported
Senate Bill No. 940, entitled
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc),
as amended by 2018 PA 633.
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, Meerman, Warren, Byrd, Hertel and Bolden
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, June
10, 2020
Present: Reps. Iden, Lilly,
Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden
Second
Reading of Bills
Senate
Bill No. 940, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by
2018 PA 633.
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.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
Senate Bill No. 940, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by
amending section 7cc (MCL 211.7cc), as amended by 2018 PA 633.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 240 Yeas—108
Afendoulis Farrington Johnson, S. Rabhi
Albert Filler Jones Reilly
Alexander Frederick Kahle Rendon
Allor Garrett Kennedy Sabo
Anthony Garza Koleszar Schroeder
Bellino Gay-Dagnogo Kuppa Shannon
Berman Glenn LaFave Sheppard
Bolden Green LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, B. Hernandez Maddock Wakeman
Carter, T. Hertel Manoogian Warren
Chatfield Hoadley Marino Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hope Mueller Whiteford
Cole Hornberger Neeley, C. Whitsett
Coleman Howell O’Malley Wittenberg
Crawford Huizenga Pagan Witwer
Eisen Iden Paquette Wozniak
Elder Inman Peterson Yancey
Ellison Johnson,
C. Pohutsky Yaroch
Nays—0
In The
Chair: Hornberger
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An
act to provide for the assessment of rights and interests, including leasehold
interests, in property and the levy and collection of taxes on property, and
for the collection of taxes levied; making those taxes a lien on the property
taxed, establishing and continuing the lien, providing for the sale or
forfeiture and conveyance of property delinquent for taxes, and for the
inspection and disposition of lands bid off to the state and not redeemed or
purchased; to provide for the establishment of a delinquent tax revolving fund
and the borrowing of money by counties and the issuance of notes; to define and
limit the jurisdiction of the courts in proceedings in connection with property
delinquent for taxes; to limit the time within which actions may be brought; to
prescribe certain limitations with respect to rates of taxation; to prescribe
certain powers and duties of certain officers, departments, agencies, and
political subdivisions of this state; to provide for certain reimbursements of
certain expenses incurred by units of local government; to provide penalties
for the violation of this act; and to repeal acts and parts of acts,”
The
House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second
Reading of Bills
Senate
Bill No. 248, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16226 and 17754 (MCL 333.16226 and
333.17754), section 16226 as amended by 2018 PA 463 and section 17754 as
amended by 2014 PA 525.
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.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate
Bill No. 254, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 7333 and 16221 (MCL 333.7333 and 333.16221),
section 7333 as amended by 2018 PA 34 and section 16221 as amended by 2018 PA
463.
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.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 173, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section
676d (MCL 257.676d), as added by 2014 PA 303.
The
bill was read a second time.
Rep.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 686, entitled
A bill
to prohibit a state department or agency or a member or office of the senate or
house of representatives from taking disciplinary action against certain state
employees for communicating with certain individuals in the legislative branch.
The
bill was read a second time.
Rep.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Cole moved that House
Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By
unanimous consent the House returned to the order of
Announcement
by the Clerk of Printing and Enrollment
Enrolled House Bill No. 5164 at 10:58 a.m.
The Clerk
announced that the following bill had been reproduced and made available
electronically on Tuesday, June 9:
House Bill No. 5841
The Clerk announced
that the following bills had been reproduced and made available electronically
on Wednesday, June 10:
Senate Bill Nos. 963 964 965
The Clerk announced
that the following Senate bill had been received on Wednesday, June 10:
Senate Bill No. 942
Reports of Standing Committees
The Committee on Natural
Resources and Outdoor Recreation, by Rep. Howell, Chair, referred
House Bill No. 5551, entitled
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” by amending
section 82133 (MCL 324.82133), as added by 1995 PA 58.
to the Committee on Judiciary.
Favorable Roll Call
To Refer:
Yeas: Reps. Howell, Wakeman,
Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky
Nays: None
The bill was referred to the Committee
on Judiciary.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Howell, Chair, of the Committee on Natural Resources and Outdoor
Recreation, was received and read:
Meeting held on: Tuesday, June 9,
2020
Present: Reps. Howell, Wakeman,
Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky
The Committee on Education, by
Rep. Hornberger, Chair, referred
House Bill No. 5482, entitled
A bill to provide for certain
requirements regarding suicide prevention for schools; to prescribe rights,
powers, duties, and privileges of schools, school districts, public school
academies, intermediate school districts, and other public school entities; to
provide for and prescribe the powers and duties of certain state departments;
and to provide for the regulation of certain school employees.
to the Committee on Ways and
Means with the recommendation that the substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Hornberger, Paquette,
Crawford, Vaupel, Reilly, Hall, O’Malley, Wakeman, Camilleri, Sowerby, Brenda
Carter, Tyrone Carter, Koleszar and Stone
Nays: None
The bill and substitute were
referred to the Committee on Ways and Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Hornberger, Chair, of the Committee on Education, was received and
read:
Meeting held on: Wednesday, June
10, 2020
Present: Reps. Hornberger,
Paquette, Crawford, Vaupel, Reilly, Hall, O’Malley, Wakeman, Camilleri,
Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone
Absent: Rep. Markkanen
Excused: Rep. Markkanen
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, June
10, 2020
Present: Reps. Afendoulis, Lower,
Vaupel, Webber, Farrington, Steven Johnson, Hall, O’Malley, Schroeder, Yancey,
Ellison, Lasinski and Cynthia Neeley
Absent: Reps. Wittenberg and
Whitsett
Excused: Reps. Wittenberg and
Whitsett
Messages from the Senate
A bill to amend 1954 PA 116,
entitled “Michigan election law,” by amending sections 765 and 765a (MCL
168.765 and 168.765a), section 765 as amended by 2018 PA 603 and section 765a
as added by 2018 PA 123, and by adding section 764d.
The Senate has substituted (S-5)
the bill.
The Senate has passed the bill as
substituted (S-5), ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending section 809 (MCL 257.809), as
amended by 2019 PA 88.
The Senate has substituted (S-1)
the bill.
The Senate has passed the bill as
substituted (S-1) and ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as
amended by 2019 PA 88.
The Senate has substituted (S-1)
the bill.
The Senate has passed the bill as
substituted (S-1), ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
A
bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending sections 205, 233, 609d, and 1014 (MCL 436.1205, 436.1233, 436.1609d,
and 436.2014), section 205 as amended by 2015 PA 246, section 609d as added by
2020 PA 26, and section 1014 as added by 2015 PA 47, and by adding sections
537a, 538, and 551.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on Regulatory
Reform.
The following message from the Governor
was received June 9, 2020 and read:
EXECUTIVE
ORDER
No.
2020-117
Expanding
child care access during the COVID-19 pandemic
Rescission
of Executive Order 2020-84
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and the
Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL
10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the Emergency Powers of the Governor Act, as well as
Executive Order 2020-68 to issue new emergency and disaster declarations under
the Emergency Management Act.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are being challenged on appeal.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
To respond effectively to the
urgent and steep demands created by this pandemic, providers of health care,
emergency medical services, law enforcement, and other essential services
require child care services for their children, particularly when schools and
summer camps are closed. Meeting this critical need requires swiftly but safely
expanding access to child care services. To that end, I issued Executive Order
2020-84 because it was reasonable and necessary to provide temporary and
limited relief from certain regulatory restrictions regarding child care
services, and to facilitate the use of certain property for those services.
This order extends policies of
Executive Order 2020-84 for an additional 28 days, as it remains reasonable and
necessary to suppress the spread of COVID-19 and protect the public health and
safety of this state and its residents by expanding access to child care
services. With this order, Executive Order 2020-84 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Strict compliance with section 7a of the Child
Care Organizations Act, 1973 PA 116, as amended, MCL 722.117a, is suspended as
follows:
(a) A provisional license may be issued without
submission to the Department of Licensing and Regulatory Affairs (“LARA”) of an
acceptable plan to overcome the deficiency present in the child care organization
within the time limitations of the provisional licensing period.
(b) A provisional license may be issued with an
expiration date no earlier than one month after the date of issuance and no
later than six months after the date of issuance, and may be renewed at the
discretion of LARA until the end of the declared states of emergency and
disaster.
2. Strict compliance with subsection (2) of
section 5m of the Child Care Organizations Act, 1973 PA 116, as amended,
MCL 722.115m(2), is suspended, as follows:
(a) An employer may establish and maintain a
disaster relief child care center without a license from LARA.
(b) A school district or a nonpublic school may
establish and maintain a disaster relief child care center in a school building
without a license from LARA.
3. LARA must issue rules and/or orders governing
disaster relief child care centers.
(a) A disaster relief child care center must
comply with the requirements imposed by any LARA rules and orders governing
disaster relief child care centers.
(b) Such rules and/or orders must, at a minimum,
require that disaster relief child care centers follow the safe sleep
guidelines, including appropriate sleeping equipment for children under 12
months of age; follow applicable guidelines for diapering, handwashing, and
sanitizing; provide porta-cribs, cots, or mats for children older than twelve
months to sleep or rest; and solicit information about, and communicate with
parents and guardians regarding, a child’s medicine, allergies, including food
allergies; and other special needs.
4. Disaster relief child care centers may operate
in any school facilities operated by a school district or nonpublic school that
are closed and are approved for student use. Early childhood staff, student
teachers, teachers, and individuals who provide before and after care may
provide child care in these settings. The Michigan Department of Education (“MDE”)
is authorized to credit the hours that student teachers work toward teacher
preparation graduation requirements and MDE licensure requirements.
5. Rule 400.8110(5) of the Michigan
Administrative Code is suspended for disaster relief child care centers. Notice
of any change in capacity and age groups must be provided to LARA.
6. Insofar as section 11 of the Emergency
Management Act, MCL 30.411, remains in effect, a disaster relief child care
center operated by a school district in accordance with section 2(b) of this
order, including its employees, is designated as a disaster relief force under
subsection (f) of section 2 of the Emergency Management Act, 1976 PA 390, as
amended (“EMA”), MCL 30.402(f), and is entitled to the immunities set forth in
subsections (1) through (3) of section 11 of the EMA, MCL 30.411(1)-(3).
7. Disaster relief child care centers operated by
school districts constitute a pilot program under the Public Employment
Relations Act, 1947 PA 336, MCL 423.201 et seq., and they have authority to
charge for reasonable and customary services.
8. School districts and nonpublic schools should
first identify employees who voluntarily elect to become a disaster relief
child care center participant before reassigning other employees to work in
these centers, to the extent authorized under applicable contracts and laws.
School districts and nonpublic schools may not require an employee to work in a
disaster relief child care center if the employee: has a confirmed diagnosis of
COVID-19; is displaying the symptoms of COVID-19; is 60 years or older; has an
underlying condition that places the employee at an elevated risk of serious
illness from COVID-19; or has been in contact with someone with a confirmed
diagnosis of COVID-19 in the last 14 days.
9. A disaster relief child care center must
perform a health evaluation of all individuals who enter the center each time
the individual seeks to enter the center, and must deny entry to those
individuals who do not meet the evaluation criteria. The evaluation criteria
must include: symptoms of a respiratory infection, such as fever, cough, or shortness
of breath; and contact in the last 14 days with someone with a confirmed
diagnosis of COVID-19.
10.
For purposes of this order:
(a) “Disaster relief child care center” means a
child center offering child care pursuant to this order. A disaster relief
child care center must give priority for its services to the essential
workforce, but may also provide child care services to the general public as
space and governing rules and/or orders permit.
(b) “Essential workforce” includes health care
workers, home health workers, direct care workers, emergency medical service
providers, first responders, law enforcement personnel, sanitation workers,
child care workers (including any employees acting as child care workers in
disaster relief child care centers), personnel providing correctional services,
postal workers, public health employees, key government employees, court
personnel, and others providing critical infrastructure to Michiganders,
including any individuals performing (remotely or in person) critical
infrastructure work, necessary government activities, or minimum basic
operations under Executive Order 2020-42 or any order that may follow from it.
(c) “Critical infrastructure” includes utilities,
manufacturing, mass transit, and groceries or other essential supplies, goods,
or equipment.
(d) “Key government employees” includes child
protective services workers, child welfare workers,
foster care workers including those from contracted agencies, recipient rights
workers, employees of the Executive Office of the governor, cabinet
officers and their designees, Department of Health and Human Services field
office staff, Unemployment Insurance Agency employees, and other employees
identified by the Department of Technology, Management, and Budget.
11. Nothing in this order shall be construed to
diminish or relax in any way the restrictions and requirements imposed by
Executive Order 2020-115 or any order that may follow from it.
12. This order is effective immediately and
continues through July 7, 2020.
13. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order is a misdemeanor.
14. Executive Order 2020-84 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 9, 2020
Time: 8:15 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
Introduction of Bills
House Bill No. 5842, entitled
A bill to amend 1980 PA 300, entitled “The public
school employees retirement act of 1979,” by amending sections 59 and 84b (MCL
38.1359 and 38.1384b), section 59 as amended by 2012 PA 359 and section 84b as
amended by 2018 PA 169.
The bill was read a first time by its title and
referred to the Committee on Appropriations.
Rep. Glenn introduced
House Bill No. 5843, entitled
A bill to make, supplement, and adjust
appropriations for various state departments and agencies for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
______
Rep. Tate moved that the House adjourn.
The motion prevailed, the time being 4:10 p.m.
GARY L. RANDALL
Clerk of the House of
Representatives