No. 88

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Thursday, November 5, 2020.

 

10:00 a.m.

 

The House was called to order by the Speaker.

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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—present

Coleman—present          Huizenga—present        O’Malley—present       Wittenberg—present

Crawford—present         Iden—excused              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—excused                                                                             

 

e/d/s = entered during session

Rep. Laurie Pohutsky, from the 19th District, offered the following invocation:

 

“I’d like for us to reflect on the responsibility we are entrusted with in this chamber and the importance of the work we do here. It’s easy to get caught up in soundbites and headlines, but let’s remember how the choices we make impact the people we represent, the people who have sent us here. Let us remember that our time in this role is brief, but the accountability we face for the decisions we make while here will last a lifetime, and may that knowledge foster humility. May we rise above the need for pettiness and spite, knowing that these endeavors only serve to make us look smaller in the end. And lastly, may we refrain from viewing doing the bare minimum to protect our colleagues as a concession or political statement but rather see it as a sign of respect and compassion for one another.”

 

 

______

 

 

Rep. Cole moved that Reps. Byrd, Farrington, Garrett, Iden and VanSingel be excused from today’s session.

The motion prevailed.

 

 

Messages from the Senate

 

 

Senate Concurrent Resolution No. 33.

A concurrent resolution of tribute offered as a memorial for Morris Hood III, former member of the House of Representatives and the Senate.

Whereas, The members of the Michigan Legislature were saddened to learn of the passing of our friend and former colleague, Morris Hood III. A dedicated mentor and advocate for the communities of Detroit, Dearborn, Melvindale, and our state, he was known to care deeply for others; and

Whereas, Morris Hood III, a lifelong Detroiter, grew up in a family committed to public service. Before getting elected to public office, he worked as a manufacturing technician at Ford Motor Company. As a legislator, Morris Hood III valued creating relationships on both sides of the aisle and was well-respected by his colleagues; and

Whereas, Morris Hood III followed his father, Morris Hood Jr., into public service. He was first elected to the House of Representatives in 2002 where he served until 2008. He was a valued member of the Legislative Black Caucus. During his time in the House, he served in numerous leadership capacities, including Assistant Associate Floor Leader, chair of the House Appropriations Committee’s Fiscal Oversight and Joint Capital Outlay subcommittees, and minority vice-chair of the Insurance Committee. He was also a valued member of the Appropriation Committee’s subcommittee on Community Health, and the committees on Transportation; Employment Relations, Training, and Safety; Higher Education; Criminal Justice; Television and Oversight, and Oversight and Investigations; and

Whereas, After serving three terms in the House, Morris Hood III was elected to the Senate in 2010 where he served until 2018. He served as Minority Floor Leader, minority vice-chair of the Appropriations Committee’s Capital Outlay, Higher Education, and Retirement subcommittees, and vice-chair of the Transportation, Infrastructure Modernization, Joint Committee on Administrative Rules, and Elections and Government Reform committees. He was also a valuable member of the committees on Natural Resources, Environment and Great Lakes and Government Operations, as well as the Legislative Council and Senate Fiscal Agency Board of Governors. During his last Senate term, he underwent a kidney transplant. While still at the hospital, his colleagues celebrated the successful surgery and one colleague requested a moment of silence for the departed kidney. This experience led him to become a tireless advocate for organ donation and transplant service; and

Whereas, Throughout his fourteen years in the Legislature, he fought tirelessly and passionately for workers and students, but his ability to remain calm during the most heated debates was legendary. Morris Hood III was known for his personal connections with his colleagues. He used the loss of his wife, Angela, in 2013 to encourage others to be intentional in their expressions of love with family and friends. Often, he would give a speech before a break reminding everyone to cherish and “hug the ones you love.” His compassion and humanity were tremendous assets to the members of the Legislature and the people of this state; and

Whereas, Morris Hood III was a true public servant and community advocate who was invested in improving the lives of people. Upon his passing, we offer our condolences to his family and friends. We hope that they may find comfort in the knowledge that the community as a whole shares in their bereavement and that the legacy of Morris Hood’s contributions will long continue to enrich our state; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Morris Hood III, a member of the House of Representatives from 2003 to 2008 and the Senate from 2011 to 2018; and be it further

Resolved, That copies of this resolution be transmitted to the Hood family as evidence of our lasting esteem for his memory.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted by unanimous standing vote.

The Speaker and the entire membership of the House of Representatives were named co-sponsors of the concurrent resolution.

 

 

______

 

 

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

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Committee on Ways and Means, by Rep. Lilly, Majority Vice-Chair, reported

House Bill No. 5836, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Hertel and Bolden

Nays: None

 

 

The Committee on Ways and Means, by Rep. Lilly, Majority Vice-Chair, reported

House Bill No. 5975, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2020 PA 6, and by adding section 4b.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Lilly, Leutheuser, Griffin, Hauck, Kahle and Meerman

Nays: Reps. Warren, Hertel and Bolden

 

 

The Committee on Ways and Means, by Rep. Lilly, Majority Vice-Chair, reported

House Bill No. 5976, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 4c.

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

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

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Lilly, Leutheuser, Griffin, Hauck, Kahle and Meerman

Nays: Reps. Warren, Hertel and Bolden

 

 

The Committee on Ways and Means, by Rep. Lilly, Majority Vice-Chair, reported

House Bill No. 5977, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 2 (MCL 722.112), as amended by 2017 PA 257.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Lilly, Leutheuser, Griffin, Hauck, Kahle and Meerman

Nays: Reps. Warren, Hertel and Bolden

 

 

The Committee on Ways and Means, by Rep. Lilly, Majority Vice-Chair, reported

House Bill No. 6315, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Lilly, Leutheuser, Griffin, Hauck, Kahle and Meerman

Nays: Reps. Warren, Hertel and Bolden

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Lilly, Majority Vice-Chair, of the Committee on Ways and Means, was received and read:

Meeting held on: Thursday, November 5, 2020

Present: Reps. Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Hertel and Bolden

Absent: Reps. Iden and Byrd

Excused: Reps. Iden and Byrd

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, November 5, 2020

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

Absent: Reps. Hornberger and Garrett

Excused: Reps. Hornberger and Garrett

Messages from the Governor

 

 

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

 

Executive Office, Lansing, October 15, 2020

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

 

Representatives,

Today I am returning Enrolled House Bill 4332 to you without my approval.

Michigan has a long heritage of hunting and wildlife conservation. With Fall upon us, I hope that hunting season will provide a fruitful and fulfilling pastime for those wishing to enjoy the outdoors. However, personal safety and the stewardship of Michigan’s natural bounty are also important considerations.

This bill would create an unworkable permitting system within the Department of Natural Resources (DNR). Rather than providing a predictable and uniform standard for hunters with a disability, this bill depends on a subjective evaluation of physical fitness lacking sufficient standards to implement the permitting process. Furthermore, this bill does not account for the conservation and rehabilitation efforts that would be required as a result of more vehicle traffic on hunting roads and trails.

The DNR Accessibility Advisory Council provides guidance to the DNR to help develop, manage, and plan opportunities for those of all abilities to enjoy Michigan’s natural resources. Unfortunately, this legislation was developed without consultation with the Council, excluding valuable voices from the hunting community with disabilities. Future legislation should be developed cooperatively with the Council.

For the foregoing reasons, I am vetoing this bill.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

Rep. Cole moved that the bill be re-referred to the Committee on Judiciary.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, October 28, 2020

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

 

Representatives,

Today I am returning Enrolled House Bill 4476 to you without my approval.

I received several veto requests from municipalities and workers from across the state. And while I appreciate the aims of this bill—to ensure a competitive bidding process for major projects—I agree that this legislation sweeps too broadly.

By requiring local communities to contract out any federal and/or state-funded road improvement projects over $800,000 in value, this legislation would all but eliminate the ability of cities to self-perform capital improvement projects on local neighborhood streets. It would also immediately result in layoffs of dozens of hard-working employees in the City of Detroit, who annually resurface up to 50 miles of residential streets each year.

Infrastructure is the backbone of our state’s economy. I am vetoing this bill in order to ensure that essential road construction and maintenance activities can continue to be performed without interruption. I look forward to continuing to work toward long-term solutions to repair, maintain, and improve our roads.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

Rep. Cole moved that the bill be re-referred to the Committee on Ways and Means.

The motion prevailed.

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

 

Executive Office, Lansing, October 15, 2020

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

 

Representatives,

Today I am returning Enrolled House Bills 5339 and 5340 to you without my approval.

As Governor, I have put a priority on protecting Michigan consumers. Michiganders should be able to trust that their government has their best interests in mind when passing and signing new laws.

These bills make it cheaper and easier for for-profit property finders to get access to Michigander’s private data. The Department of Treasury already does an excellent job returning lost and unclaimed property to its rightful owners, at no cost to Michiganders. In 2019, the Department returned to owners and/or their heirs more than $81 million, or 94 percent of all unclaimed property claims, without charging a fee. The changes proposed in these bills not only put an increased administrative burden on the Department of Treasury, but do so at the expense of consumer privacy.

For the foregoing reasons, I am vetoing these bills.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

Rep. Cole moved that the bill be re-referred to the Committee on Ways and Means.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, October 15, 2020

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

 

Representatives,

Today I am returning Enrolled House Bills 5339 and 5340 to you without my approval.

As Governor, I have put a priority on protecting Michigan consumers. Michiganders should be able to trust that their government has their best interests in mind when passing and signing new laws.

These bills make it cheaper and easier for for-profit property finders to get access to Michigander’s private data. The Department of Treasury already does an excellent job returning lost and unclaimed property to its rightful owners, at no cost to Michiganders. In 2019, the Department returned to owners and/or their heirs more than $81 million, or 94 percent of all unclaimed property claims, without charging a fee. The changes proposed in these bills not only put an increased administrative burden on the Department of Treasury, but do so at the expense of consumer privacy.

For the foregoing reasons, I am vetoing these bills.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

Rep. Cole moved that the bill be re-referred to the Committee on Ways and Means.

The motion prevailed.

 

 

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

 

Executive Office, Lansing, October 16, 2020

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

Representatives,

Today I am returning to you Enrolled Senate Bill 977 and Enrolled House Bill 5881 without my approval.

The integrity of our elections is critical to the democratic process. While we strive to make it easy and accessible for every eligible voter to cast a ballot, we have no tolerance for fraudulent conduct that undermines public confidence. And our laws reflect that: voter fraud of all types is criminal in Michigan.

Under Michigan law, it is a felony to impersonate another person at an election or to attempt to vote under the name of another person. MCL 168.932a(a). It is also a felony to attempt to vote more than once. MCL 168.932a(e). Moreover, a voter cannot obtain a second absentee ballot without spoiling the first. MCL 168.765b. The law is crystal clear.

These bills, however, would muddy the waters, and would likely confuse voters about what conduct is actually criminal. Under SB 977, it would be a felony to submit absent voter applications with the intent to obtain multiple ballots. As discussed above, it is impossible to obtain a second absentee ballot under the same name, and it is already a felony to attempt to vote more than once in the same election. Still, voters may submit multiple applications for any number of reasons, including harmless error and fault of memory. Any suggestion that the filing of a second absentee ballot application is criminal behavior creates needless confusion and fearmongering around the absentee voting process. It is bad for voters and bad for our elections.

Our election systems are safe and secure, and all voters have the right to vote without fear of intimidation or violence. In this election, just like every election in the history of this country, the people will decide the outcome. Attorney General Dana Nessel will not let anyone interfere with the right to vote or the integrity of our election, and will use every tool available to ensure a free and fair election. As we come closer to the November election, remember that anyone who encourages voter intimidation is playing politics with something that should be above partisanship: free and fair elections. I am hopeful that each member of the Michigan Legislature shares these values and will discourage all forms of voter intimidation.

I appreciate the cooperative spirit with which the Legislature has worked to make recent improvements in Michigan election law. As the November 2020 election rapidly approaches, it is critical that voters know the rules. Attempting to vote multiple absentee ballots is unlawful, but submitting multiple applications for an absentee ballot is not. Because these bills would create confusion on the eve of an election, I am vetoing them.

I would also like to take this opportunity to call on the Michigan Senate to send SB 117 to my desk. This bill would allow service members and their spouses to return their ballots to their local clerks electronically if they are unable to do so in person, and passed the Legislature with broad bipartisan support more than three weeks ago. Yet I was disappointed to learn that the enrollment for the bill was vacated on October 13. Elections are not the time to play partisan games. Our brave service members and their families put their lives on the line for us, and they deserve leaders who will help them vote. Let’s all work together to make SB 117 law.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

Rep. Cole moved that the bill be re-referred to the Committee on Judiciary.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Second Reading of Bills

 

 

House Bill No. 5975, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2020 PA 6, and by adding section 4b.

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

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

Rep. O’Malley moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5976, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 4c.

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

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

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

The motion prevailed.

 

 

House Bill No. 5977, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 2 (MCL 722.112), as amended by 2017 PA 257.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 5836, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Ways and Means,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

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.

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

 

 

Roll Call No. 494                                    Yeas—91

 

 

Albert                                Frederick                 Kennedy                                Reilly

Alexander                          Gay-Dagnogo           Koleszar                                Sabo

Bellino                              Glenn                      Kuppa                                    Schroeder

Berman                             Green                      LaFave                                   Sheppard

Bolden                              Greig                       LaGrand                                Slagh

Bollin                                Griffin                     Lasinski                                 Sneller

Brann                                Guerra                     Lightner                                 Sowerby

Calley                                Haadsma                 Lilly                                       Stone

Cambensy                         Hall                         Lower                                    Tate

Camilleri                           Hammoud                Maddock                                VanWoerkom

Carter, B.                           Hauck                      Manoogian                             Vaupel

Carter, T.                           Hertel                      Marino                                   Wakeman

Chatfield                           Hoadley                   Markkanen                             Warren

Cherry                               Hoitenga                  Meerman                               Webber

Chirkun                             Hood                       Miller                                     Wendzel

Clemente                           Hope                       Mueller                                  Wentworth

Cole                                  Hornberger              Neeley, C.                              Whiteford

Coleman                            Howell                     O’Malley                               Wittenberg

Crawford                           Huizenga                 Pagan                                     Witwer

Eisen                                 Inman                      Paquette                                 Wozniak

Elder                                 Johnson, S.              Peterson                                 Yancey

Ellison                              Jones                       Pohutsky                                Yaroch

Filler                                 Kahle                       Rabhi                                    

 

 

                                                              Nays—13

 

 

Afendoulis                         Garza                       Leutheuser                             Rendon

Allor                                 Hernandez               Liberati                                  Shannon

Anthony                            Johnson, C.              Love                                      Whitsett

Brixie                                                                                                             

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

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

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

 

 

______

 

 

Rep. Love, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

NO VOTE EXPLAINATION

The legislature passed Fireworks Safety Act 256 of 2011, allowing for the sale of fireworks in the state of Michigan to the consternation of citizens across the state. Subsequently, the duration of pyrotechnic displays has increased and become a greater nuisance. Across the state, citizens have requested a ban on fireworks; not an increase in the number of days or reasons to continue the practice. Citizens complain about the blasts going on all hours of the night, having to sedate their pets with drugs due to the anxiety created by loud fireworks displays, veterans and others with PTSD are terrorized and all wildlife is stressed from the blasts. Fireworks emit toxic heavy metals in the smoke which goes onto our gardens, on our lawns where our children play, in the lake water and into our lungs. These metals can cause cancer, lung distress and digestive disorders. While I appreciate the desire to commemorate and honor Juneteenth—the emancipation of enslaved people of African descent in Texas, where on that date in 1865, in the aftermath of the Civil War, slaves were declared free under the terms of the 1862 Emancipation Proclamation—a more appropriate and honorable tribute would be to recognize it as a state holiday and encourage reading and discussions of the Emancipation Proclamation; not blasting citizens with traumatizing fireworks. A tribute that has no clear connection to Juneteeth.”

 

Rep. Garza, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I rise in opposition of HB 5897. While I applaud the bill sponsor on expanding awareness of this holiday celebrating the emancipation of African Americans who had been enslaved in the United States, I believe prohibiting local governments from regulating firework use is not the proper mandate from our legislature. This chamber and the entire legislature must move away from continuing to tell our local governments what they can and cannot do. Uplifting our communities to self govern should be our goal, and bills like this run astray of this important goal.”

Rep. Cynthia Johnson, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

INFPA’s Dan Doofus urges people not to use consumer fireworks because they are too dangerous. Fireworks are responsible for thousands of fires and injuries each year. Share this video. Fireworks fire & injury facts. Fireworks started an estimated 19,500 fires in 2018, including 1,900 structure fires, 500 vehicle fires, and 17,100 outside and other fires. These fires caused five deaths, 46 civilian injuries, and $105 million in direct property damage.

www.nfpa.org/.../Seasonal-fire-causes/Fireworks”

 

 

Rep. Cole moved that House Bill No. 5836 be placed on its immediate passage.

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

 

House Bill No. 5836, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.

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

 

 

Roll Call No. 495                                   Yeas—102

 

 

Afendoulis                         Filler                        Kennedy                                Rabhi

Albert                                Frederick                 Koleszar                                Rendon

Alexander                          Garza                       Kuppa                                    Sabo

Allor                                 Gay-Dagnogo           LaFave                                   Schroeder

Anthony                            Glenn                      LaGrand                                Shannon

Bellino                              Green                      Lasinski                                 Sheppard

Berman                             Greig                       Leutheuser                             Slagh

Bolden                              Griffin                     Liberati                                  Sneller

Bollin                                Guerra                     Lightner                                 Sowerby

Brann                                Haadsma                 Lilly                                       Stone

Brixie                                Hall                         Love                                      Tate

Calley                                Hammoud                Lower                                    VanWoerkom

Cambensy                         Hauck                      Maddock                                Vaupel

Camilleri                           Hernandez               Manoogian                             Wakeman

Carter, B.                           Hertel                      Marino                                   Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Inman                      Paquette                                 Wozniak

Eisen                                 Johnson, C.              Peterson                                 Yancey

Elder                                 Jones                       Pohutsky                                Yaroch

Ellison                              Kahle                                                                    

 

 

                                                               Nays—2

 

 

Johnson, S.                        Reilly                                                                    

 

 

In The Chair: Lilly

The House agreed to the title of the bill.

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

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

 

 

______

 

 

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

The motion prevailed.

 

 

Introduction of Bills

 

 

Reps. Albert, Lower, LaFave and Eisen introduced

House Bill No. 6316, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43527a (MCL 324.43527a), as added by 2013 PA 108, and by adding section 43540f.

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

 

 

Rep. Huizenga introduced

House Bill No. 6317, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m (MCL 777.12m), as amended by 2019 PA 134.

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

 

 

Rep. Huizenga introduced

House Bill No. 6318, entitled

A bill to amend 1988 PA 426, entitled “An act to regulate dangerous animals; to provide for the confinement, tattooing, or destruction of dangerous animals; and to provide penalties for the owners or keepers of dangerous animals that attack human beings,” by amending the title and sections 1, 2, and 3 (MCL 287.321, 287.322, and 287.323) and by adding sections 4, 5, 6, 7, and 8.

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

 

 

Rep. Huizenga introduced

House Bill No. 6319, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending the title and sections 1 and 2 (MCL 15.181 and 15.182).

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

 

 

Rep. Cole introduced

House Bill No. 6320, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310e (MCL 257.310e), as amended by 2019 PA 33.

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

 

 

Messages from the Governor

 

 

Date: November 5, 2020

Time: 9:58 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6137 (Public Act No. 244, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 5145a.

(Filed with the Secretary of State on November 5, 2020, at 11:10 a.m.)

 

 

Date: November 5, 2020

Time: 10:00 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6293 (Public Act No. 245, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 16113; and to repeal acts and parts of acts.

(Filed with the Secretary of State on November 5, 2020, at 11:12 a.m.)

 

 

Date: November 5, 2020

Time: 10:02 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6294 (Public Act No. 246, I.E.), being

An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending sections 2502, 3206, 5501, and 5506 (MCL 700.2502, 700.3206, 700.5501, and 700.5506), section 3206 as amended by 2016 PA 57, section 5501 as amended by 2012 PA 141, and section 5506 as amended by 2008 PA 41, and by adding sections 1202 and 5108a.

(Filed with the Secretary of State on November 5, 2020, at 11:14 a.m.)

Date: November 5, 2020

Time: 10:04 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6295 (Public Act No. 247, I.E.), being

An act to amend 2000 PA 305, entitled “An act to authorize and provide the terms and conditions under which information and signatures can be transmitted, received, and stored by electronic means,” by amending sections 3 and 18 (MCL 450.833 and 450.848), and by adding section 18a.

(Filed with the Secretary of State on November 5, 2020, at 11:16 a.m.)

 

 

Date: November 5, 2020

Time: 10:06 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6296 (Public Act No. 248, I.E.), being

An act to amend 2010 PA 123, entitled “An act to create the uniform real property electronic recording act; and to create an electronic recording commission and provide for its powers and duties,” by amending sections 3 and 4 (MCL 565.843 and 565.844), section 4 as amended by 2018 PA 364, and by adding section 5a.

(Filed with the Secretary of State on November 5, 2020, at 11:18 a.m.)

 

 

Date: November 5, 2020

Time: 10:08 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6297 (Public Act No. 249, I.E.), being

An act to amend 2003 PA 238, entitled “An act to provide for the qualification, appointment, and regulation of notaries; to provide for the levy, assessment, and collection of certain service charges and fees and to provide for their disposition; to create funds; to provide for liability for certain persons; to provide for the admissibility of evidence; to establish the recognition to be given in this state to acknowledgments and other notarial acts performed outside of this state; to prescribe powers and duties of state agencies and local officers; to provide for remedies and penalties; and to repeal acts and parts of acts,” by amending sections 3, 9, 26, and 26b (MCL 55.263, 55.269, 55.286, and 55.286b), sections 3 and 26b as amended by 2018 PA 360, section 26 as added by 2018 PA 360, and by adding sections 26c and 26d.

(Filed with the Secretary of State on November 5, 2020, at 11:20 a.m.)

 

 

______

 

 

Rep. Mueller moved that the House adjourn.

The motion prevailed, the time being 12:15 p.m.

 

 

Associate Speaker Pro Tempore Lilly declared the House adjourned until Tuesday, November 10, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives