No. 57

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Tuesday, June 23, 2020.

 

1:30 p.m.

 

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

 

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

 

 

Afendoulis—present       Filler—present              Jones—present             Rabhi—present

Albert—present             Frederick—present        Kahle—present             Reilly—present

Alexander—present        Garrett—excused          Kennedy—present        Rendon—present

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

Anthony—present          Gay-Dagnogo—excused 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—excused              Hall—present               Lilly—present              Tate—present

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

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

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

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

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

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

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

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

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

Cole—present                Howell—present           Neeley, C.—present      Whitsett—excused

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. Aaron Miller, from the 59th District, offered the following invocation:

 

   “Our Heavenly Father, we thank You for this day. We thank You for all that we have been blessed with in this wonderful state. We ask that we don’t take any of it for granted and especially the position that we’ve been blessed with, representing ten million residents of the state of Michigan. Lord, help us not to take that for granted. We also pray that You humble ourselves, because Lord knows we need it, we are politicians. So we pray for humility, we pray that we would keep our ears open and our eyes on You.

   Lord, we do pray for a quick end to the crisis that we are in. Lord, we also pray that we would pause to learn the lessons that You would have us learn in this crisis, whatever they are, and that we would respect our fellow man and learn to love each other.

   Lord, we pray for our nation, the United States of America. We ask that You heal our land and touch our people.

   I pray over the proceedings of this day, I pray that You would be in it all and watching over it all and all of us, as we drive to and froe. Bless this state Lord and we pray good things from Your hands. In Jesus name, Amen.”

 

 

______

 

 

Rep. Rabhi moved that Reps. Byrd, Garrett, Gay-Dagnogo and Whitsett be excused from today’s session.

The motion prevailed.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 257.

A resolution to reaffirm the sovereignty of tribal nations and to encourage the Michigan Attorney General to not infringe on that sovereignty.

(For text of resolution, see House Journal No. 41, p. 785.)

(The resolution was reported by the Committee on Military, Veterans and Homeland Security on June 17.)

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Messages from the Senate

 

 

The Speaker laid before the House

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.

(The bill was received from the Senate on June 17, with substitute (S-5), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 18, see House Journal No. 55, p. 1092.)

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 256                                   Yeas—105

 

 

Afendoulis                         Filler                        Kahle                                     Rabhi

Albert                                Frederick                 Kennedy                                Reilly

Alexander                          Garza                       Koleszar                                Rendon

Allor                                 Glenn                      Kuppa                                    Sabo

Anthony                            Green                      LaFave                                   Schroeder

Bellino                              Greig                       LaGrand                                Shannon

Berman                             Griffin                     Lasinski                                 Sheppard

Bolden                              Guerra                     Leutheuser                             Slagh

Bollin                                Haadsma                 Liberati                                  Sneller

Brann                                Hall                         Lightner                                 Sowerby

Brixie                                Hammoud                Lilly                                       Stone

Calley                                Hauck                      Love                                      Tate

Cambensy                         Hernandez               Lower                                    VanSingel

Camilleri                           Hertel                      Maddock                                VanWoerkom

Carter, B.                           Hoadley                   Manoogian                             Vaupel

Carter, T.                           Hoitenga                  Marino                                   Wakeman

Chatfield                           Hood                       Markkanen                             Warren

Cherry                               Hope                       Meerman                               Webber

Chirkun                             Hornberger              Miller                                     Wendzel

Clemente                           Howell                     Mueller                                  Wentworth

Cole                                  Huizenga                 Neeley, C.                              Whiteford

Coleman                            Iden                         O’Malley                               Wittenberg

Crawford                           Inman                      Pagan                                     Witwer

Eisen                                 Johnson, C.              Paquette                                 Wozniak

Elder                                 Johnson, S.              Peterson                                 Yancey

Ellison                              Jones                       Pohutsky                                Yaroch

Farrington                                                                                                      

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5315, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2018 PA 479.

(The bill was received from the Senate on June 17, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 18, see House Journal No. 55, p. 1093.)

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:

 

 

Roll Call No. 257                                   Yeas—103

 

 

Afendoulis                         Filler                        Kennedy                                Reilly

Albert                                Frederick                 Koleszar                                Rendon

Alexander                          Garza                       Kuppa                                    Sabo

Allor                                 Glenn                      LaFave                                   Schroeder

Anthony                            Greig                       LaGrand                                Shannon

Bellino                              Griffin                     Lasinski                                 Sheppard

Berman                             Guerra                     Leutheuser                             Slagh

Bolden                              Haadsma                 Liberati                                  Sneller

Bollin                                Hall                         Lightner                                 Sowerby

Brixie                                Hammoud                Lilly                                       Stone

Calley                                Hauck                      Love                                      Tate

Cambensy                         Hernandez               Lower                                    VanSingel

Camilleri                           Hertel                      Maddock                                VanWoerkom

Carter, B.                           Hoadley                   Manoogian                             Vaupel

Carter, T.                           Hoitenga                  Marino                                   Wakeman

Chatfield                           Hood                       Markkanen                             Warren

Cherry                               Hope                       Meerman                               Webber

Chirkun                             Hornberger              Miller                                     Wendzel

Clemente                           Howell                     Mueller                                  Wentworth

Cole                                  Huizenga                 Neeley, C.                              Whiteford

Coleman                            Iden                         O’Malley                               Wittenberg

Crawford                           Inman                      Pagan                                     Witwer

Eisen                                 Johnson, C.              Paquette                                 Wozniak

Elder                                 Johnson, S.              Peterson                                 Yancey

Ellison                              Jones                       Pohutsky                                Yaroch

Farrington                         Kahle                       Rabhi                                    

 

 

                                                               Nays—2

 

 

Brann                                Green                                                                   

 

 

In The Chair: Lilly

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5400, entitled

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

(The bill was received from the Senate on June 17, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 18, see House Journal No. 55, p. 1092.)

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:

 

 

Roll Call No. 258                                   Yeas—102

 

 

Afendoulis                         Farrington                Kahle                                     Rabhi

Albert                                Filler                        Kennedy                                Reilly

Alexander                          Frederick                 Koleszar                                Rendon

Allor                                 Garza                       Kuppa                                    Sabo

Anthony                            Glenn                      LaFave                                   Schroeder

Bellino                              Greig                       Lasinski                                 Shannon

Berman                             Griffin                     Leutheuser                             Sheppard

Bolden                              Guerra                     Liberati                                  Slagh

Bollin                                Haadsma                 Lightner                                 Sneller

Brann                                Hall                         Lilly                                       Sowerby

Brixie                                Hammoud                Love                                      Stone

Calley                                Hauck                      Lower                                    Tate

Cambensy                         Hernandez               Maddock                                VanSingel

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, C.                              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—1

 

 

Green                                                                                                             

 

 

In The Chair: Lilly

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. VanWoerkom, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 258 because of a possible conflict of interest.”

 

Rep. LaGrand, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 258 because of a possible conflict of interest.”

 

 

Second Reading of Bills

 

 

Senate Bill No. 963, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 365 (MCL 18.1365), as added by 2019 PA 160.

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 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. 963, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 365 (MCL 18.1365), as added by 2019 PA 160.

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

Roll Call No. 259                                   Yeas—105

 

 

Afendoulis                         Filler                        Kahle                                     Rabhi

Albert                                Frederick                 Kennedy                                Reilly

Alexander                          Garza                       Koleszar                                Rendon

Allor                                 Glenn                      Kuppa                                    Sabo

Anthony                            Green                      LaFave                                   Schroeder

Bellino                              Greig                       LaGrand                                Shannon

Berman                             Griffin                     Lasinski                                 Sheppard

Bolden                              Guerra                     Leutheuser                             Slagh

Bollin                                Haadsma                 Liberati                                  Sneller

Brann                                Hall                         Lightner                                 Sowerby

Brixie                                Hammoud                Lilly                                       Stone

Calley                                Hauck                      Love                                      Tate

Cambensy                         Hernandez               Lower                                    VanSingel

Camilleri                           Hertel                      Maddock                                VanWoerkom

Carter, B.                           Hoadley                   Manoogian                             Vaupel

Carter, T.                           Hoitenga                  Marino                                   Wakeman

Chatfield                           Hood                       Markkanen                             Warren

Cherry                               Hope                       Meerman                               Webber

Chirkun                             Hornberger              Miller                                     Wendzel

Clemente                           Howell                     Mueller                                  Wentworth

Cole                                  Huizenga                 Neeley, C.                              Whiteford

Coleman                            Iden                         O’Malley                               Wittenberg

Crawford                           Inman                      Pagan                                     Witwer

Eisen                                 Johnson, C.              Paquette                                 Wozniak

Elder                                 Johnson, S.              Peterson                                 Yancey

Ellison                              Jones                       Pohutsky                                Yaroch

Farrington                                                                                                      

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

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

“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

Rep. Webber 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

Motions and Resolutions

 

 

Rep. Markkanen offered the following resolution:

House Resolution No. 282.

A resolution to support the timely issuing of permits for the construction of the Great Lakes Tunnel Project and to support the private investment and employment opportunities afforded by the project.

Whereas, The Enbridge Line 5 pipeline is critical infrastructure for the state of Michigan. Residents in the Upper Peninsula and northern Lower Peninsula rely on the Enbridge Line 5 pipeline to heat their homes and support the local economy. In addition to providing energy for northern Michigan, the Line 5 pipeline meets the energy and petroleum demand of the entire upper Midwest; and

Whereas, After consideration and negotiation, the state and Enbridge agreed that a multi-use utility tunnel beneath the Straits of Mackinac is the best long-term solution to ensure Michigan’s sustainable energy future while also protecting the Great Lakes far into the future. The construction of the tunnel will allow for the replacement of a segment of the Line 5 pipeline that currently crosses the bottom of the straits; and

Whereas, The Mackinac Straits Corridor Authority (MSCA) entered into the Tunnel Agreement with Enbridge for the construction of a utility tunnel - the Great Lakes Tunnel Project - on December 19, 2018, in conjunction with the agreements between the state and Enbridge. The constitutionality of the MSCA has been upheld by the Michigan Court of Claims and the Michigan Court of Appeals; and

Whereas, The Great Lakes Tunnel Project is an environmentally wise option for the state. The tunnel will mitigate the risk of an oil spill in the Great Lakes and will improve the ability to safely and efficiently transmit energy resources across the state; and

Whereas, The construction of the tunnel will produce significant economic benefits. Private investment for the project is estimated to be over $500 million. The construction of the tunnel will require approximately 2 million work hours from many of Michigan’s skilled-trade workers, including welders, operators, pipe fitters, laborers, and other trades, and maintenance of the tunnel will create high-paying, union jobs that will be a boon to local communities; and

Whereas, Officials in at least 20 counties, and numerous local governments, have passed resolutions in support of the tunnel and to urge the state to assist in ensuring the quick construction of the tunnel; now, therefore, be it

Resolved by the House of Representatives, That we support the timely issuing of permits for the construction of the Great Lakes Tunnel Project; and be it further

Resolved, That we support the private investment and employment opportunities afforded by the Great Lakes Tunnel Project; and be it further

Resolved, That copies of this resolution be transmitted to the Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers, the Director of the U.S. Fish and Wildlife Service, the Director of the Michigan Department of Environment, Great Lakes, and Energy, and the members of the Michigan Public Service Commission.

The resolution was referred to the Committee on Natural Resources and Outdoor Recreation.

 

 

Rep. Hoitenga offered the following resolution:

House Resolution No. 283.

A resolution to urge the Congress of the United States to allocate funding for states that have established broadband expansion block grant programs.

Whereas, Broadband internet is a critically important communications method Americans use to connect with one another. Businesses, consumers, workers, and students use the internet for a variety of purposes, making it indispensable in today’s society; and

Whereas, During the COVID-19 crisis, the internet has become an even more important and essential tool in providing a means for Americans to connect with work, school, and health care. Ensuring that all Americans have access to broadband services at speeds they need to fully participate in our society is imperative; and

Whereas, Multiple states have established broadband expansion block grant programs to distribute funds to internet service providers for the purpose of building out broadband infrastructure in rural and underserved areas of their states. This includes Michigan’s Connecting Michigan Communities grant program; and

Whereas, Congress can assist states working to increase broadband availability to homes, business, and other entities by making funds available to improve and continue expanding broadband infrastructure; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to allocate funding for states that have established broadband expansion block grant programs; 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.

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

The motion prevailed.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, June 18:

House Bill Nos.     5865   5866   5867   5868  5869   5870   5871   5872   5873  5874  5875

Senate Bill Nos.      973    974    975    976    977    978

 

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 23, for her approval of the following bills:

Enrolled House Bill No. 5141 at 10:32 a.m.

Enrolled House Bill No. 5195 at 10:34 a.m.

Enrolled House Bill No. 5313 at 10:36 a.m.

Enrolled House Bill No. 4449 at 10:38 a.m.

Enrolled House Bill No. 5341 at 10:40 a.m.

Enrolled House Bill No. 5342 at 10:42 a.m.

Enrolled House Bill No. 5343 at 10:44 a.m.

Enrolled House Bill No. 5344 at 10:46 a.m.

Enrolled House Bill No. 5345 at 10:48 a.m.

Enrolled House Bill No. 5346 at 10:50 a.m.

Enrolled House Bill No. 5347 at 10:52 a.m.

Enrolled House Bill No. 5348 at 10:54 a.m.

Enrolled House Bill No. 5349 at 10:56 a.m.

Enrolled House Bill No. 5350 at 10:58 a.m.

Enrolled House Bill No. 5351 at 11:00 a.m.

Enrolled House Bill No. 5352 at 11:02 a.m.

Enrolled House Bill No. 5353 at 11:04 a.m.

Enrolled House Bill No. 5354 at 11:06 a.m.

Enrolled House Bill No. 5355 at 11:08 a.m.

 

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

Senate Bill Nos.      979    980    981

 

The Clerk announced that the following Senate bill had been received on Tuesday, June 23:

Senate Bill No.       779

 

 

Reports of Standing Committees

 

 

The Committee on Agriculture, by Rep. Alexander, Chair, referred

Senate Bill No. 850, entitled

A bill to create an industrial hemp program; to authorize certain activities involving industrial hemp to require the registration of persons engaged in certain activities; to provide for the sampling and testing of industrial hemp; to provide for the collection of fees; to create certain funds; to provide for the powers and duties of certain state departments and officers and state agencies and officials; to prohibit certain acts; and to prescribe civil sanctions.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Alexander, Mueller, LaFave, Hoitenga, Eisen, Wendzel, Elder, Coleman, Garza and Witwer

Nays: None

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

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, June 23, 2020

Present: Reps. Alexander, Mueller, LaFave, Hoitenga, Eisen, Wendzel, Elder, Coleman, Garza and Witwer

Absent: Rep. Cynthia Johnson

Excused: Rep. Cynthia Johnson

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, referred

House Bill No. 5561, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 105.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

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

Nays: Rep. Yancey

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

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, referred

House Bill No. 5570, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 106.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

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

Nays: None

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

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, referred

Senate Bill No. 132, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending sections 12 and 48 (MCL 250.1012 and 250.1048), and by adding section 1085.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

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

Nays: Rep. Yancey

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

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Tuesday, June 23, 2020

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

 

 

The Committee on Regulatory Reform, by Rep. Webber, Chair, referred

House Bill No. 5862, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 3 and 5d (MCL 432.103 and 432.105d), section 3 as amended by 2019 PA 159 and section 5d as added by 1999 PA 108.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Cambensy, Jones, Garza and Cynthia Neeley

Nays: Rep. Liberati

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

 

 

The Committee on Regulatory Reform, by Rep. Webber, Chair, referred

Senate Bill No. 665, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 411 (MCL 436.1411), as amended by 2018 PA 403.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Liberati, Cambensy, Jones, Garza and Cynthia Neeley

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Webber, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, June 23, 2020

Present: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Liberati, Cambensy, Jones, Garza and Cynthia Neeley

 

 

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

House Bill No. 4658, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2018 PA 211, and by adding section 3l.

to the Committee on Ways and Means with the recommendation that the substitute (H-3) be adopted.

Favorable Roll Call

 

To Refer:

Yeas: Reps. Marino, Wendzel, Reilly, Schroeder, Wakeman, Wozniak, Cambensy, Sowerby, Hope and Manoogian

Nays: None

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

 

 

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

House Bill No. 4954, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 266.

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

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Marino, Reilly, Schroeder, Wakeman, Wozniak, Cambensy, Sowerby, Hope and Manoogian

Nays: None

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

 

 

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

House Bill No. 4955, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 262a.

to the Committee on Ways and Means with the recommendation that the substitute (H-3) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Marino, Reilly, Schroeder, Wakeman, Wozniak, Cambensy, Sowerby, Hope and Manoogian

Nays: None

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

 

 

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

House Bill No. 5770, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending sections 3, 5, and 11 (MCL 445.903, 445.905, and 445.911), section 3 as amended by 2018 PA 211 and section 5 as amended by 2006 PA 508, and by adding section 3l.

to the Committee on Ways and Means with the recommendation that the substitute (H-3) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Marino, Wendzel, Schroeder, Wakeman, Wozniak, Cambensy, Sowerby, Hope and Manoogian

Nays: Rep. Reilly

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, June 23, 2020

Present: Reps. Marino, Wendzel, Reilly, Schroeder, Wakeman, Wozniak, Cambensy, Sowerby, Hope and Manoogian

Absent: Rep. Camilleri

Excused: Rep. Camilleri

 

 

Messages from the Senate

 

 

Senate Bill No. 779, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending sections 3a, 3b, and 3c (MCL 445.573a, 445.573b, and 445.573c), section 3a as added by 1989 PA 148, section 3b as amended by 1998 PA 473, and section 3c as amended by 1996 PA 384.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

The following message from the Governor was received June 18, 2020 and read:

 

EXECUTIVE ORDER

 

No. 2020-127

 

Declaration of state of emergency and state of disaster related to the COVID-19 pandemic

 

Rescission of Executive Order 2020-99

 

On March 10, 2020, I issued Executive Order 2020-4, which declared a state of emergency in Michigan to address the COVID-19 pandemic. This disease, caused by a novel coronavirus not previously identified in humans, can easily spread from person to person and can result in serious illness or death. There is currently no approved vaccine or antiviral treatment.

Scarcely three weeks later, the virus had spread across Michigan. As of April 1, 2020, the state had 9,334 confirmed cases of COVID-19 and 337 deaths from the disease, with many thousands more infected but not yet tested. Exactly one month later, this number had ballooned to 42,356 confirmed cases and 3,866 deaths from the disease—a tenfold increase in deaths. The virus’s rapid spread threatened to overwhelm the state’s health care system: hospitals in multiple counties were reportedly at or near capacity; medical personnel, supplies, and resources necessary to treat COVID-19 patients were in high demand but short supply; dormitories and a convention center were being converted to temporary field hospitals.

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. Like Executive Order 2020-4, this declaration was based on multiple independent authorities: 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. On April 7, 2020, the Michigan legislature adopted a concurrent resolution to extend the states of emergency and disaster declared under the Emergency Management Act until April 30, 2020.

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 have been appealed; the Court of Appeals has ordered oral argument to be held in August.

Since I first declared an emergency in response to this pandemic, my administration has taken aggressive measures to fight the spread of COVID-19, prevent the rapid depletion of this state’s critical health care resources, and avoid needless deaths. The best way to slow the spread of the virus is for people to stay home and keep their distance from others. To that end, and in keeping with the recommendations of public health experts, I issued orders restricting access to places of public accommodation and school buildings, limiting gatherings and travel, and requiring workers who are not necessary to sustain or protect life to remain at home. I also issued orders enhancing the operational capacity and efficiency of health care facilities and operations, allowing health care professionals to practice to the full extent of their training regardless of licensure, and facilitating the delivery of goods, supplies, equipment, and personnel that are needed to combat this pandemic. And I took steps to build the public health infrastructure in this state that is necessary to contain the spread of infection.

My administration also moved to mitigate the economic and social harms of this pandemic. Through my orders, we placed strict rules on businesses to prevent price gouging, put a temporary hold on evictions, expanded eligibility for unemployment benefits, provided protections to workers who stay home when they or their close contacts are sick, and created a structure through which our schools can continue to provide their students with the highest level of educational opportunities possible under the difficult circumstances now before us.

These statewide measures have been effective. A report released by the Imperial College COVID-19 Response Team, for example, shows that my actions have significantly lowered the number of cases and deaths that would have occurred had the state done nothing.

With the steep reduction in our case counts, I have moved progressively in recent weeks to relax restrictions on business activities and daily life. On June 1, I announced that most of the state would move to Phase 4 of my Safe Start plan, thereby allowing retailers and restaurants to resume operations. Hair salons and other personal care services followed two weeks later. And on June 10, I moved the Upper Peninsula and the region surrounding Traverse City to Phase 5, allowing for the reopening of movie theaters, gyms, bowling alleys, and other businesses. If current trends persist, I hope to move the rest of the state to Phase 5 by July 4.

But this global pandemic is far from over. Though its pace of growth has slowed, the virus remains aggressive and persistent: to date, there have been 60,393 confirmed cases of COVID-19 in Michigan, and 5,792 deaths from the disease. There is still no treatment for the virus and it remains easy to transmit. A second wave poses an ongoing threat. States in the South and West are already seeing sharp upticks in cases; just two days ago, Arizona, Florida, and Texas all reported record highs in their daily case counts. Michigan could easily join them if we relax our vigilance.

The concern is especially acute because Michigan’s more rural counties will see an increasing number of out-of-town visitors this summer. The residents of these rural counties are among the most vulnerable to COVID-19, with older populations and rates of chronic illness among the highest in the state. Twenty-one of Michigan’s eighty-three counties—all rural—have a median age over 50, and nearly 30% of Michigan’s rural population is 65 or older. These rural areas tend to be miles away from larger hospitals with the personnel, beds, and equipment to fight this virus.

Whatever happens with COVID-19 in the future, the state has already suffered immense economic damage. Between March 15 and May 30, Michigan received 2.2 million initial unemployment claims—the fifth‑highest nationally, amounting to more than a third of the Michigan workforce. During this crisis, Michigan has often processed more unemployment claims in a single day than in the most painful week of the Great Recession, and the state already saw its highest unemployment rate since the Great Depression (22.7% in April). Between March 15 and May 21, Michigan paid out over $7 billion in benefits to eligible Michiganders. The Michigan Department of Treasury predicts that this year the state will lose between $1 and $3 billion in revenue. As a result, local governments will be hard-pressed to provide essential services to their communities and many families in Michigan will struggle to pay their bills or even put food on the table.

So too will the pandemic continue to disrupt our homes and our educational, civic, social, and religious institutions. Transitioning almost overnight to a distance-learning environment has placed strain on educators, students, and parents alike. Performance and indoor sporting venues remain closed across most of the state, limiting people’s ability to enrich themselves or interact with their community. And curtailing gatherings has left many seeking new ways to connect with their friends and families. Life will not be back to normal for some time to come.

The health, economic, and social harms of the COVID-19 pandemic thus remain widespread and severe, and they continue to constitute a statewide emergency and disaster. Though local health departments have some limited capacity to respond to cases as they arise within their jurisdictions, state emergency operations are necessary to bring this pandemic under control in Michigan and to build and maintain infrastructure to stop the spread of COVID-19, trace infections, and quickly direct additional resources to hot-spots as they emerge. State assistance to bolster health care capacity and flexibility also has been, and will continue to be, critical to saving lives, protecting public health and safety, and averting catastrophe. Moreover, state disaster and emergency recovery efforts remain necessary not only to support Michiganders in need due to the economic effects of this pandemic, but also to ensure that the prospect of lost income does not impel workers who may be infected to report to work.

Statewide coordination of these efforts is crucial to creating a stable path to recovery. Until that recovery is underway, the economic and fiscal harms from this pandemic have been contained, and the threats posed by COVID-19 to life and the public health, safety, and welfare of this state have been neutralized, statewide disaster and emergency conditions will exist.

With this order, Executive Order 2020-99 is rescinded.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

        1.  The COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan.

        2.  This order constitutes a state of emergency declaration under the Emergency Powers of the Governor Act of 1945. Subject to the ongoing litigation and the possibility that current rulings may be overturned or otherwise altered on appeal, and to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act of 1976 when emergency and disaster conditions exist yet the legislature has not granted an extension request, this order constitutes a state of emergency and state of disaster declaration under that act.

        3.  This order is effective immediately and continues through July 16, 2020 at 11:59 pm. I will evaluate the continuing need for this order.

        4.  Executive Order 2020-99 is rescinded. All previous orders that rested on that order now rest on this order.

Given under my hand and the Great Seal of the State of Michigan.

Date:  June 18, 2020

Time: 1:55 pm

                                         [SEAL]                                   GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       JOCELYN BENSON

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

The following message from the Governor was received June 18, 2020 and read:

 

 

EXECUTIVE ORDER

 

No. 2020-128

 

Clarifying WDCA Eligibility for Workplace Exposure to COVID-19

 

Rescission of Executive Order 2020-125

 

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 (EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), 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.

These 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 June 18, 2020, I issued Executive Order 2020-127, 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 had 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.

Michigan’s COVID-19-response workers face regular exposure to a deadly and highly contagious virus. They do so to ensure that Michiganders have access to emergency medical care; that Michigan’s laws are enforced; that prisoners and pretrial detainees in state and local custody receive their constitutionally guaranteed rights; and that the safety and security of the State and its citizens remains protected.

The Workers’ Disability Compensation Act of 1969 (WDCA), MCL 418.101 et seq., affords important protections to Michigan’s workers and employers. In effectuating these protections, section 418.401 of the WDCA requires an employee seeking entitlement to wage-loss benefits to demonstrate, in part, the existence of a work-related injury that prevents the employee from performing his or her job duties. But due to the possibility of asymptomatic transfer of COVID-19, requiring a COVID-19-response employee to affirmatively demonstrate that they contracted COVID-19 in the course of their employment unduly shifts risk to the worker, and may therefore hinder Michigan’s emergency response by undermining confidence in the worker’s compensation system among the most critical members of the workforce.

Executive Order 2020-125 assured COVID-19-response employees of their eligibility for WDCA coverage when injured or disabled by COVID-19 infection at work. This order clarifies the scope of that order. With this order, Executive Order 2020-125 is rescinded.

Accordingly, acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

        1.  “COVID-19-response employee” means an employee whose job responsibilities require them to have regular or prolonged contact with COVID-19 in the course of their employment. For purposes of this order, the following individuals are COVID-19-response employees:

             (a)  A person who is required to report to work in one of the following workplaces:

                   (1)  An ambulance operation, as that term is defined in section 20902(5) of the Public Health Code, 1978 PA 368, as amended, MCL 333.20902(5), including advanced mobile emergency care services;

                   (2)  A county medical care facility, as that term is defined in section 20104(3) of the Public Health Code, MCL 333.20104(3);

                   (3)  An emergency response service, as that term is defined in section 102(m) of the Emergency 9-1-1 Service Enabling Act, 1986 PA 32, as amended, MCL 484.1102(m);

                   (4)  A home for the aged, as that term is defined in section 20106(3) of the Public Health Code, MCL 333.20106(3);

                   (5)  A hospice, as that term is defined in section 20106(4) of the Public Health Code, MCL 333.20106(4);

                   (6)  A hospital, as that term is defined in section 20106(5) of the Public Health Code, MCL 333.20106(5); or

                   (7)  A nursing home, as that term is defined in section 20109(1) of the Public Health Code, MCL 333.20109(1).

             (b)  A person working in a home health agency, as that term is defined in section 20173a(15)(f) of the Public Health Code, MCL 333.20173a(15)(f), or a visiting nurse association, who is required to provide in-person medical care to patients.

             (c)  A person working as a physician, physician assistant, licensed practical nurse, registered professional nurse, medical first responder, nurse, emergency medical technician, emergency medical technician specialist, paramedic, or respiratory therapist who is required to provide in‑person medical care to patients.

             (d)  A law enforcement officer, as that term is defined in section 2(f) of the Michigan Commission on Law Enforcement Standards Act, 1965 PA 203, as amended, MCL 28.602(f), to the extent the law enforcement officer is required to report to work and interact with the general public.

             (e)  A motor carrier officer within the Michigan Department of State Police as described in section 6d of the Michigan State Police Act, 1935 PA 59, as amended, MCL 28.6d.

             (f)   A firefighter, as that term is defined in section 1(n) of the Fire Prevention Code, 1941 PA 207, as amended, MCL 29.1(n).

             (g)  A member of an emergency rescue team, as described in section 161(j) of the WDCA, MCL 418.161(j), to the extent that the member is required to report to work and interact with the general public.

             (h)  A volunteer civil defense worker, as described in section 161(g) of the WDCA, MCL 418.161(g), to the extent that the worker is required to report to work.

             (i)   An on-call member of a life support agency, as described in section 161(h) and (i) of the WDCA, MCL 418.161(h) and (i), to the extent the member is required to report to work.

             (j)   A state or local government employee that is required to work within the secured perimeter of a penal institution, including but not limited to correctional facilities, jails, and detention centers.

        2.  For purposes of the WDCA, and subject to rebuttal by specific facts to the contrary, a COVID-19-response employee who is confirmed as COVID-19 positive on or after March 18, 2020, either by physician or by test, shall be presumed to have suffered a “personal injury,” as that term is defined by section 401(2)(b) of the WDCA, MCL 418.401(2)(b).

        3.  The Director of the Department of Labor and Economic Opportunity (LEO) is authorized to issue orders and directives necessary to implement this executive order.

        4.  This order replaces the emergency rules that LEO filed with the Secretary of State on March 30, 2020; those rules are hereby suspended.

        5.  If any portion of this order is finally adjudicated invalid, section 4 is void.

        6.  This order is effective immediately and does not terminate until the end of the states of emergency and disaster declared in Executive Order 2020-127 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later.

Given under my hand and the Great Seal of the State of Michigan.

Date:  June 18, 2020

Time: 3:16 pm

                                         [SEAL]                                   GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       JOCELYN BENSON

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

The following message from the Governor was received June 18, 2020 and read:

 

 

EXECUTIVE ORDER

 

No. 2020-129

 

Temporary authorization of remote participation in public meetings

and hearings and temporary relief from monthly meeting

requirements for school boards

 

Rescission of Executive Order 2020-75

 

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. Older adults and those with chronic health conditions are at particular risk, and there is an increased risk of rapid spread of COVID-19 among persons in close proximity to one another. 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 (EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), 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 EPGA, as well as Executive Order 2020-68 to issue new emergency and disaster declarations under the EMA.

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 June 18, 2020, I issued Executive Order 2020-127, 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 had 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 mitigate the spread of COVID-19, protect the public health, and provide essential protections to vulnerable Michiganders, it is crucial that all Michiganders take steps to limit in-person contact. These critical mitigation measures include social distancing and limiting the number of people interacting at public gatherings.

To that end, it is reasonable and necessary to temporarily suspend rules and procedures relating to physical presence at meetings and hearings of public bodies and other governmental entities in Michigan. These public bodies and entities must continue to conduct public business during this emergency, including actions to respond to COVID-19, and the general public must be able to continue to participate in government decision-making without unduly compromising public health, safety, and welfare.

Executive Order 2020-75 provided this limited and temporary relief from certain rules and procedures. This order extends the duration of that relief, 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. With this order, Executive Order 2020-75 is rescinded.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

        1.  To the extent that the Open Meetings Act (“OMA”), 1976 PA 267, as amended, MCL 15.261 to 15.272, requires that a meeting of a public body be held in a physical place available to the general public or requires the physical presence of one or more members of a public body, strict compliance with section 3 of the OMA, MCL 15.263, is temporarily suspended in order to alleviate any such physical-place or physical-presence requirements, as follows:

             (a)  A meeting of a public body may be held electronically, including by telephonic conferencing or video conferencing, in a manner in which both the general public and the members of the public body may participate by electronic means.

             (b)  A meeting of a public body held electronically must be conducted in a manner that permits two-way communication so that members of the public body can hear and be heard by other members of the public body and so that general public participants can hear members of the public body and can be heard by members of the public body and other participants during a public comment period. The public body may use technology to facilitate typed public comments that may be read to or shared with members of the public body and other participants to satisfy the requirement that members of the public can be heard by others during the meeting.

             (c)  Members of a public body and of the general public participating electronically will be considered present and in attendance at the meeting and may participate in the meeting as if physically present at the meeting.

             (d)  All persons must be permitted to participate in any meeting of a public body held electronically, except as otherwise provided in the OMA.

             (e)  If a public body directly or indirectly maintains an official internet presence, the public body must, consistent with and in addition to any other applicable notice requirements under the OMA, post advance notice of a meeting held electronically on a portion of the public body’s website that is fully accessible to the public. The public notice on the website must be included on either the homepage or on a separate webpage dedicated to public notices for non-regularly scheduled public meetings or electronic meetings and accessible through a prominent and conspicuous link on the website’s homepage that clearly describes its purpose for public notification of those non-regularly scheduled or electronic public meetings. Notice of a meeting of a public body that will be held electronically must include all of the following:

                   (1)  An explanation of the reason why the public body is meeting electronically.

                   (2)  Detailed procedures by which the public may participate in the meeting remotely, including a telephone number, internet address, or both.

                   (3)  Procedures by which persons may contact members of the public body to provide input or ask questions on any business that will come before the public body at the meeting.

                   (4)  Procedures by which persons with disabilities may participate in the meeting.

             (f)   The right of a person to participate in a meeting of a public body held electronically includes the right to tape-record, to videotape, to broadcast live on radio, and to telecast live on television the proceedings of the public body at a public meeting. The exercise of this right does not depend on the prior approval of the public body. However, a public body may establish reasonable rules and regulations to minimize the possibility of disrupting the meeting.

             (g)  A public body may not require a person as a condition of participating in a meeting of the public body held electronically to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attendance, other than mechanisms necessary to permit the person to participate in a public comment period of the meeting.

             (h)  A person must be permitted to address a meeting of a public body held electronically under rules established and recorded by the public body. A person must not be excluded from a meeting held electronically otherwise open to the public except for a breach of the peace actually committed during the meeting.

             (i)   During a meeting of a public body held electronically, members of the public body are urged to take all votes by roll call to avoid any questions about how each member of the public body votes.

             (j)   If a public body holding a meeting electronically directly or indirectly maintains an official internet presence, the public body is encouraged to make available to the general public through the public body’s website homepage an agenda and other materials relating to the meeting.

             (k)  Members of the general public otherwise participating in a meeting of a public body held electronically may be excluded from participation in a closed session of the public body held electronically during that meeting if the closed session is convened and held in compliance with the requirements of the OMA applicable to a closed session.

        2.  A public body holding a meeting electronically as provided under this order is encouraged to do so in a manner that effectuates as fully as possible the purposes of the OMA, which include promoting government accountability and fostering openness in government to enhance responsible decision-making. Discussions or deliberations at an open meeting that cannot at a minimum be heard by the general public participating in the meeting are contrary to these purposes. Accordingly, members of a public body must avoid using email, texting, instant messaging, and other such electronic forms of communication to make a decision or deliberate toward a decision, and must avoid “round-the-horn” decision-making in a manner not accessible to the public at an open meeting.

        3.  If a decision or other action of a public body complies with the requirements of this order and the other requirements of the OMA, it must be considered to comply with the OMA.

        4.  If a statute or rule other than the OMA requires that public comments be permitted or a public hearing be held, including in conjunction with the issuance of a permit or a hearing required under the Uniform Budgeting and Accounting Act, 1968 PA 2, as amended, MCL 141.421 to 141.440a, a public body or department or agency may provide a means for remote public comment or participation through the use of any technology that would facilitate a member of the general public’s ability to participate remotely to the same extent as if the member of the general public appeared in person. If not expressly authorized by statute or rule, written comment, including by electronic means, also is permitted.

        5.  Strict compliance with subsection 6 of section 11a, subsection 7 of section 384, and subsection 1 of section 418a of the Revised School Code, 1976 PA 451, as amended, MCL 380.11a(6), MCL 380.384(7), and MCL 380.418a(1), is temporarily suspended so as not to require school district boards to hold meetings at least once each month.

        6.  Nothing in this order permits a public body to limit or restrict the rights of the press or other news media. Members of public bodies are encouraged to facilitate access by members of the press and other news media both to meetings held electronically and to members of public bodies.

        7.  As used in this order, the terms “decision,” “meeting,” and “public body” mean those terms as defined under section 2 of the OMA, MCL 15.262, except this order does not apply to state legislative bodies.

        8.  A provision of this order will prevail over any conflicting provision of a local charter, ordinance, or rule.

        9.  This order supersedes sections 2 and 3 of Executive Directive 2020-2.

        10. This order is effective immediately and continues through July 31, 2020.

        11. Executive Order 2020-75 is rescinded.

Given under my hand and the Great Seal of the State of Michigan.

Date:  June 18, 2020

Time: 7:44 pm

                                         [SEAL]                                   GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       JOCELYN BENSON

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

The following message from the Governor was received June 19, 2020 and read:

 

EXECUTIVE ORDER

 

No. 2020-130

 

Executive Office of the Governor

 

Michigan Statewide Independent Living Council

 

Rescission of Executive Order 2016-11

 

Many Michigan residents have one or more disabilities. Disability in no way diminishes the right to live independently, enjoy self-determination, make choices, contribute to society, pursue a meaningful career, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational institutions of our society.

The State of Michigan shares the federal government’s goal of providing persons with disabilities the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency.

To be eligible to receive federal assistance under Title VII of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796 et seq., a state must establish and maintain a statewide independent living council, consistent with the requirements set forth in 29 USC 796d.

The Michigan Statewide Independent Living Council has been periodically reestablished over the years, most recently under Executive Order 2016-11. Reestablishment of this Council at this time is necessary to ensure compliance with current requirements under federal law and to further strengthen working relationships among the Council and entities providing services to individuals with disabilities, centers for independent living, and other programs.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 8 of article 5 of the Michigan Constitution of 1963 obligates the governor to take care that the laws be faithfully executed.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

        1.  Creating the Michigan Statewide Independent Living Council

             (a)  The Michigan Statewide Independent Living Council (the “Council”) is created within the Executive Office of the Governor.

             (b)  The Council must be composed of members who provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds, and are knowledgeable about centers for independent living and independent living services. A majority of the members of the Council must be individuals with disabilities who are not employed by a center for independent living or any agency of the State of Michigan.

             (c)  The Council must include the following 11 voting members appointed by the governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

                   (1)  One director of a center for independent living chosen by the directors of centers for independent living within this state.

                   (2)  One individual representing parents or guardians of individuals with disabilities.

                   (3)  One individual representing advocates of, and for, individuals with disabilities.

                   (4)  One individual representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses.

                   (5)  Seven other residents of this state, including residents who represent the underserved or tribal communities.

                   A majority of the voting members of the Council must be individuals with disabilities who are not employed by a center for independent living or any agency of the State of Michigan.

             (d)  In addition to the voting members of the Council appointed under section 1(c) of this order, the Council must include the following 5 non-voting ex officio members appointed by the governor, representing the designated state entity and representatives from agencies of the State of Michigan providing services for individuals with disabilities:

                   (1)  The director of Michigan Rehabilitation Services, or the director’s designee.

                   (2)  The director of the Bureau of Services for Blind Persons, or the director’s designee.

                   (3)  A representative from the Michigan Department of Civil Rights, designated by the director of that department, who works in that department’s Division on Deaf, DeafBlind and Hard of Hearing.

                   (4)  A representative from the Michigan Department of Education, designated by the Superintendent of Public Instruction, who works in that department’s Office of Special Education.

                   (5)  A representative from the Department of Health and Human Services, designated by the director of that department, with knowledge of all programs within that department impacting individuals with disabilities.

             (e)  Of the voting members of the Council initially appointed under section 1(c) of this order, three members must be appointed for a term expiring on December 31, 2021, four members must be appointed for a term expiring on December 31, 2022, and four members must be appointed for a term expiring on December 31, 2023. After the initial appointments, a member of the Council appointed under section 1(c) of this order must be appointed for a term of three years.

             (f)   A vacancy on the Council must be filled in the same manner as the original appointment. An appointment to fill a vacancy created other than by the expiration of the term of a member of the Council shall be for the remainder of the unexpired term. A vacancy on the Council shall not affect the power of the remaining members to execute the duties of the Council.

             (g)  Except as provided in subsections (e) and (f) of this section, an appointment to the Council must be for a term of three years. A member of the Council may be reappointed, but no member of the Council may serve more than two consecutive full terms.

        2.  Charge to the Council

             (a) The Council must do all of the following:

                   (1)  Develop the state plan as provided in Section 704(a)(2) of the Rehabilitation Act of 1973, 29 USC 796c(a)(2).

                   (2)  Monitor, review, and evaluate the implementation of the state plan.

                   (3)  Meet regularly and ensure that meetings of the Council are open to the public and that sufficient advance notice of such meetings is provided.

                   (4)  Submit reports to the United States Department of Health and Human Services, as that department’s Administrator of the Administration for Community Living may reasonably request. The Council must also keep such records, and provide the Administrator access to such records, that the Administrator finds necessary to verify the reports. Copies of any reports submitted under this subsection must be transmitted to the governor and the members of the Council.

                   (5)  Coordinate activities, as appropriate, with other entities in this state that provide services similar or complementary to independent living services, such as entities providing long-term community-based services and support or entities facilitating the provision of such services and support.

             (b)  Consistent with the state plan, the Council may do the following, unless prohibited by the laws of this state:

                   (1)  Work with centers for independent living to coordinate services with public and private entities to improve services provided to individuals with disabilities.

                   (2)  Conduct resource development activities to support the Council and the provision of independent living services by centers for independent living.

                   (3)  Perform other comparable functions the Council deems appropriate, consistent with the purpose set forth in Section 701 of the Rehabilitation Act of 1973, 29 USC 796.

             (c)  The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services.

        3.  Council Operations

             (a)  The Council must adopt procedures consistent with this order and applicable law governing its organization and operations.

             (b)  The Council must select from among the voting members of the Council a member to serve as chairperson of the Council, and may select from among the voting members of the Council other officers as the Council deems necessary.

             (c)  A majority of the voting members of the Council serving constitutes a quorum for the transaction of the business of the Council. The Council must act by a majority vote of its voting members serving.

             (d)  The Council must meet at the call of its chairperson and as otherwise provided in procedures adopted by the Council.

             (e)  The Council may establish advisory workgroups composed of individuals or entities participating in Council activities or other members of the public as deemed necessary by the Council to assist the Council in performing its duties and responsibilities. The Council may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

             (f)   The Council may, as appropriate, make inquiries, studies, investigations, hold hearings and forums, and receive comments from the public. The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

             (g)  The Council must prepare, in conjunction with the designated state entity, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the state plan, with funds made available under Title VII of the Rehabilitation Act of 1973, 29 USC 796 et seq., and under Section 110 of the Rehabilitation Act of 1973, 29 USC 730, consistent with Section 101(a)(18) of the Rehabilitation Act of 1973, 29 USC 721(a)(18), and from other public and private sources. The resource plan must, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan.

             (h)  The Council must supervise and evaluate staff and personnel performing duties for the Council under the resource plan adopted under section 3(g) of this order, as may be necessary to carry out the functions of the Council under this order.

             (i)   While assisting the Council in carrying out its duties, staff and other personnel performing duties pursuant to the resource plan adopted under section 3(g) of this order must not be assigned duties by the designated state entity or any other State agency or office that would create a conflict of interest.

             (j)   In accordance with federal law, the Council may use resources available under the resource plan adopted under section 3(g) of this order to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings, and to pay reasonable compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

             (k)  The Council may enter into agreements with departments and agencies of this State to assist the Council in the performance of its duties and responsibilities under this order.

             (l)   The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Governor deems advisable and necessary, in accordance with this order and applicable law, rules, and procedures, subject to available funding.

             (m) The Council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used in accordance with law.

             (n)  The Council must comply with the Freedom of Information Act (FOIA), 1976 PA 442, as amended, MCL 15.231 to 15.246. In so doing, the Council must, among other things, designate a FOIA coordinator for the Council and develop and implement the processes, procedures, and guidelines required of public bodies under the FOIA. Moreover, the Council will not receive any services or resources of any kind from any private agency that pays for staff who support the Council, unless the private agency agrees to comply with FOIA as if the private agency were a public body and as to all writings otherwise subject to FOIA that are created or modified on or after the effective date of this order. The Council may designate a person employed by a private agency that pays for staff who support the Council to serve as the FOIA coordinator for both the Council and the private agency. (o) Members of the Council must refer all legal, legislative, and media contacts relating to Council actions or activities to the Executive Office of the Governor.

        4.  Rescission of Executive Order 2016-11

             (a)  Executive Order 2016-11 is rescinded. The Michigan Statewide Living Council established under Executive Order 2016-11 is abolished.

        5.  Definitions

             (a)  As used in this order:

                   (1)  “Center for independent living” means that phrase as defined under Section 702(2) of the Rehabilitation Act of 1973, 29 USC 796a(2).

                   (2)  “Disability” means that term as defined under Section 7(9) of the Rehabilitation Act of 1973, 29 USC 705(9).

                   (3)  “Designated state entity” means that entity described in Section 704(c) of the Rehabilitation Act of 1973, 29 USC 796c(c).

                   (4)  “Independent living services” means that phrase as defined under Section 7(18) of the Rehabilitation Act of 1973, 29 USC 705(18).

                   (5)  “Individual with a disability” means that phrase as defined under Section 7(20)(B) of the Rehabilitation Act of 1973, 29 USC 705(20)(B).

                   (6)  “State plan” means the state plan for independent living required by Section 704 of the Rehabilitation Act of 1973, 29 USC 796c.

        6.  Implementation

             (a)  All state departments and agencies shall cooperate, to their best ability, with the Council in the performance of its duties and responsibilities under this order. The Council may request of state departments and agencies information and assistance as the Council requires in the performance of its duties and responsibilities under this order.

             (b)  Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this order shall continue to be effective until revised, amended, or repealed.

             (c)  This order is not intended to abate a proceeding commenced by, against, or before an entity affected by this order. A proceeding may be maintained by, against, or before the successor of any entity affected under this order.

             (d)  If any portion of this order is found to be unenforceable, the rest of the order remains in effect.

             (e)  This order takes effect on July 15, 2020 at 12:01 am.

Given under my hand and the great seal of the State of Michigan.

Date:  June 19, 2020

Time: 10:50 am

                                         [SEAL]                                   GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       JOCELYN BENSON

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

 

 

Reps. Brenda Carter, Cynthia Johnson, Hood, Garza, Lasinski, Pohutsky, Ellison, Kennedy, Gay-Dagnogo, Cherry, Brixie, Wittenberg, Chirkun, Sabo, Bolden, Pagan, Coleman, Peterson, Stone, Liberati, Tyrone Carter, Kuppa, Haadsma and Jones introduced

House Bill No. 5876, entitled

A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; and to prohibit certain acts and practices of providers of water and sewerage service.

The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.

 

 

Reps. Brenda Carter, Cynthia Johnson, Anthony, Hood, Garza, Lasinski, Pohutsky, Ellison, Gay-Dagnogo, Kennedy, Cherry, Brixie, Wittenberg, Chirkun, Sabo, Bolden, Pagan, Stone, Liberati, Tyrone Carter, Kuppa, Haadsma, Jones and Coleman introduced

House Bill No. 5877, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.

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

 

 

Reps. Brenda Carter, Cynthia Johnson, Anthony, Hood, Garza, Lasinski, Ellison, Kennedy, Gay-Dagnogo, Cherry, Brixie, Wittenberg, Chirkun, Stone, Tyrone Carter, Kuppa, Haadsma and Jones introduced

House Bill No. 5878, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1897l) by adding sections 210g and 265f.

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

 

 

Reps. Griffin and Frederick introduced

House Bill No. 5879, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” (MCL 339.5101 to 339.6133) by adding section 417a.

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

 

 

Reps. Wendzel and Bollin introduced

House Bill No. 5880, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759 (MCL 168.759), as amended by 2018 PA 603.

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

 

 

Reps. Bollin and Wendzel introduced

House Bill No. 5881, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d (MCL 777.11d), as amended by 2018 PA 661.

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

Reps. Rabhi, Sabo, Gay-Dagnogo, Guerra, Peterson, Elder, Pohutsky, Tate, Kennedy, Yancey, Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, LaGrand, Manoogian, Stone, Koleszar, Wittenberg, Hammoud, Hope, Sneller, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Haadsma, Warren, Cambensy, Shannon, Jones, Brenda Carter, Clemente and Anthony introduced

House Bill No. 5882, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 28 and 29 (MCL 421.28 and 421.29), section 28 as amended by 2020 PA 83 and section 29 as amended by 2013 PA 146.

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

 

 

Reps. Witwer, Sabo, Rabhi, Gay-Dagnogo, Guerra, Elder, Pohutsky, Tate, Kennedy, Yancey, Lasinski, Brixie, Hood, Wittenberg, Hertel, Cherry, Hoadley, Ellison, LaGrand, Manoogian, Stone, Koleszar, Hammoud, Hope, Sneller, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Haadsma, Warren, Cambensy, Shannon, Brenda Carter, Jones, Clemente and Anthony introduced

House Bill No. 5883, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 46 (MCL 421.46), as amended by 2012 PA 218.

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

 

 

Reps. Sabo, Rabhi, Gay-Dagnogo, Elder, Tate, Ellison, Wittenberg, Guerra, Pohutsky, Kennedy, Yancey, Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, LaGrand, Manoogian, Stone, Koleszar, Hammoud, Hope, Sneller, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Haadsma, Warren, Cambensy, Shannon, Brenda Carter, Clemente, Jones and Anthony introduced

House Bill No. 5884, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2016 PA 522.

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

 

 

Reps. Lasinski, Sabo, Rabhi, Gay-Dagnogo, Tate, Wittenberg, Kuppa, Guerra, Elder, Pohutsky, Kennedy, Yancey, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, LaGrand, Manoogian, Stone, Koleszar, Hammoud, Hope, Sneller, Tyrone Carter, Bolden, Garza, Chirkun, Pagan, Haadsma, Warren, Cambensy, Shannon, Brenda Carter, Clemente, Jones and Anthony introduced

House Bill No. 5885, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 42 (MCL 421.42), as amended by 2014 PA 241.

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

 

 

Reps. Kennedy, Sabo, Rabhi, Guerra, Gay-Dagnogo, Peterson, Elder, Pohutsky, Tate, Yancey, Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, Manoogian, LaGrand, Stone, Koleszar, Hammoud, Sneller, Hope, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Haadsma, Warren, Cambensy, Shannon, Wittenberg, Brenda Carter, Clemente, Jones and Anthony introduced

House Bill No. 5886, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27 and 28b (MCL 421.27 and 421.28b), section 27 as amended by 2016 PA 522 and section 28b as added by 2012 PA 216.

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

 

 

Reps. Guerra, Sabo, Rabhi, Peterson, Elder, Pohutsky, Gay-Dagnogo, Yancey, Tate, Kennedy, Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, Manoogian, LaGrand, Stone, Hammoud, Koleszar, Sneller, Hope, Haadsma, Wittenberg, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Warren, Cambensy, Shannon, Brenda Carter, Clemente, Jones and Anthony introduced

House Bill No. 5887, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2016 PA 522.

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

Reps. Elder, Sabo, Guerra, Rabhi, Pohutsky, Gay-Dagnogo, Yancey, Kennedy, Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, Manoogian, LaGrand, Stone, Hammoud, Koleszar, Sneller, Hope, Haadsma, Wittenberg, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Warren, Cambensy, Shannon, Brenda Carter, Clemente, Jones and Anthony introduced

House Bill No. 5888, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 13 (MCL 421.13), as amended by 2012 PA 493.

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

 

 

Reps. Sabo, Rabhi, Elder, Pohutsky, Gay-Dagnogo, Yancey, Tate, Kennedy, Lasinski, Brixie, Hood, Hertel, Cherry, Hoadley, Ellison, Manoogian, LaGrand, Stone, Hammoud, Koleszar, Sneller, Hope, Haadsma, Wittenberg, Tyrone Carter, Bolden, Garza, Chirkun, Kuppa, Pagan, Warren, Cambensy, Shannon, Brenda Carter, Clemente and Jones introduced

House Bill No. 5889, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 32 (MCL 421.32), as amended by 2016 PA 522.

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

 

 

Rep. VanSingel introduced

House Bill No. 5890, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28a (MCL 290.628a).

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

 

 

Reps. Calley and Albert introduced

House Bill No. 5891, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 499.

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

 

 

Rep. Wendzel introduced

House Bill No. 5892, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 4a.

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

 

 

Rep. Wendzel introduced

House Bill No. 5893, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending sections 102 and 206 (MCL 333.27102 and 333.27206), section 102 as amended by 2019 PA 3 and section 206 as amended by 2020 PA 32.

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

 

 

Rep. Wendzel introduced

House Bill No. 5894, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending sections 3 and 8 (MCL 333.27953 and 333.27958), section 8 as amended by 2020 PA 31.

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

 

 

Rep. Meerman introduced

House Bill No. 5895, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2018 PA 203.

The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.

Reps. Yancey, Gay-Dagnogo, Jones, Meerman, Tyrone Carter, Anthony, Miller, Pohutsky, Cynthia Johnson, Ellison, Cynthia Neeley, Witwer, Liberati, Peterson, Cherry, Sneller, Tate, Hammoud, Camilleri, Guerra, Manoogian, Clemente, Koleszar, Bolden, Hood, Rabhi, Brenda Carter, Hoadley, Wittenberg, Stone, Sabo, Lasinski, Warren, Brixie, Sowerby, Chirkun, Hertel, Elder, Garrett, Haadsma, Yaroch, Byrd, Kuppa, Garza, Hope, Cambensy and Love introduced

House Bill No. 5896, entitled

A bill to amend 1865 PA 124, entitled “An act to designate the holidays to be observed in acceptance and payment of bills of exchange, bank checks and promissory notes, the business of banking, savings and loan, building and loan, municipal offices, the holding of courts and relative to the continuance of suits,” by amending section 1 (MCL 435.101), as amended by 1984 PA 4.

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

 

 

Reps. Gay-Dagnogo, Jones, Meerman, Tyrone Carter, Miller, Cynthia Johnson, Cynthia Neeley, Peterson, Sneller, Tate, Hammoud, Camilleri, Guerra, Bolden, Rabhi, Brenda Carter, Stone, Sabo, Brixie, Chirkun, Elder, Haadsma, Byrd, Hope and Yancey introduced

House Bill No. 5897, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 7 (MCL 28.457), as amended by 2018 PA 635.

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

 

 

Reps. Cherry, Mueller, Sneller, Kennedy, Lasinski, Hood, Pohutsky, Koleszar, Brixie, Kuppa, Sabo, Cynthia Neeley, Witwer and Haadsma introduced

House Bill No. 5898, 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 Government Operations.

 

 

Announcements by the Clerk

 

 

The Clerk received the following dissent from Rep. Cynthia Johnson:

 

I affirm the undeniable sovereignty of trial nations and their important contributions to our great state. Due to the factual inaccuracies and misrepresentations contained in HR 257, today I would have voted no as our historical record must uphold the highest ethical standards.

 

 

______

 

 

Rep. Sowerby moved that the House adjourn.

The motion prevailed, the time being 3:05 p.m.

 

Associate Speaker Pro Tempore Lilly declared the House adjourned until Wednesday, June 24, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives