No. 66

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2022

 

 

 

 

House Chamber, Lansing, Wednesday, August 17, 2022.

 

1:30 p.m.

 

The House was called to order by the Clerk.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

 

 

Rep. Jeffrey D. Pepper, from the 15th District, offered the following invocation:

 

“Blessed is the spot,

and the house,

and the place,

and the city,

and the heart,

and the mountain,

and the refuge,

and the cave,

and the valley,

and the land,

and the sea,

and the island,

and the meadow

where mention of God hath been made

and His praise glorified. ~Baha’i Prayers.”

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, July 20:

House Bill Nos.     6338   6339   6340   6341  6342   6343   6344   6345  6346

 

 

Messages from the Governor

 

 

Date: July 21, 2022

Time: 9:46 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6108 (Public Act No. 167, I.E.), being

An act to amend 1915 PA 31, entitled “An act to prohibit the selling, giving, or furnishing of tobacco products, vapor products, and alternative nicotine products to minors; to prohibit the purchase, possession, or use of tobacco products, vapor products, and alternative nicotine products by minors; to regulate the retail sale of tobacco products, vapor products, alternative nicotine products, and liquid nicotine containers; to prescribe penalties; and to prescribe the powers and duties of certain state agencies and departments,” by amending sections 1 and 4 (MCL 722.641 and 722.644), as amended by 2019 PA 18.

(Filed with the Secretary of State on July 21, 2022, at 11:10 a.m.)

 

 

Date: July 21, 2022

Time: 9:48 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6109 (Public Act No. 168, 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,” by amending section 12606a (MCL 333.12606a), as added by 2009 PA 188.

(Filed with the Secretary of State on July 21, 2022, at 11:12 a.m.)

 

 

Date: July 21, 2022

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. 4195 (Public Act No. 175, I.E.), being

An act to amend 1846 RS 84, entitled "An act to establish Kalamazoo college and to prescribe its powers and duties," (MCL 552.1 to 552.45) by adding section 6a.

(Filed with the Secretary of State on July 21, 2022, at 11:26 a.m.)

 

 

Date: July 21, 2022

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. 5166 (Public Act No. 176, 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,” by amending section 17744e (MCL 333.17744e), as added by 2016 PA 383.

(Filed with the Secretary of State on July 21, 2022, at 11:28 a.m.)

 

 

Date: July 21, 2022

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. 5749 (Public Act No. 177, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8202 (MCL 600.8202), as amended by 2016 PA 31.

(Filed with the Secretary of State on July 21, 2022, at 11:30 a.m.)

 

 

Date: July 25, 2022

Time: 9:22 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4065 (Public Act No. 181), being

An act to amend 1967 PA 150, entitled “An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal acts and parts of acts,” by amending section 182 (MCL 32.582).

(Filed with the Secretary of State on July 25, 2022, at 10:36 a.m.)

 

 

Date: July 25, 2022

Time: 9:24 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4075 (Public Act No. 182, I.E.), being

An act to amend 1956 PA 62, entitled “An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code,” by amending section 1 (MCL 257.951), as amended by 2006 PA 297.

(Filed with the Secretary of State on July 25, 2022, at 10:38 a.m.)

 

 

Date: July 25, 2022

Time: 9:26 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4076 (Public Act No. 183, I.E.), being

An act to amend 1976 PA 220, entitled “An act to define the civil rights of persons with disabilities; to prohibit discriminatory practices, policies, and customs in the exercise of those rights; to prescribe penalties and to provide remedies; and to provide for the promulgation of rules,” (MCL 37.1101 to 37.1607) by adding section 102a.

(Filed with the Secretary of State on July 25, 2022, at 10:40 a.m.)

Date: July 25, 2022

Time: 9:28 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4375 (Public Act No. 184, I.E.), being

An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 61 (MCL 38.1361), as amended by 2020 PA 267.

(Filed with the Secretary of State on July 25, 2022, at 10:42 a.m.)

 

 

Date: July 25, 2022

Time: 9:30 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5536 (Public Act No. 185, I.E.), being

An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 38.1301 to 38.1437) by adding section 61a.

(Filed with the Secretary of State on July 25, 2022, at 10:44 a.m.)

 

 

Date: July 25, 2022

Time: 9:32 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5512 (Public Act No. 186, I.E.), being

An act to amend 2008 IL 1, entitled “An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to make an appropriation; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act,” by amending section 7 (MCL 333.26427), as amended by 2016 PA 546.

(Filed with the Secretary of State on July 25, 2022, at 10:46 a.m.)

 

 

Date: July 25, 2022

Time: 9:34 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5609 (Public Act No. 187, 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,” by amending sections 20102, 20104, 20155, 20161, 20164, 20171, 21734, 21763, 21764, 21771, 21794, and 21799b (MCL 333.20102, 333.20104, 333.20155, 333.20161, 333.20164, 333.20171, 333.21734, 333.21763, 333.21764, 333.21771, 333.21794, and 333.21799b), section 20102 as amended by 2010 PA 381, sections 20104, 20155, and 21734 as amended by 2015 PA 155, section 20161 as amended by 2020 PA 169, section 20164 as amended by 1990 PA 179, section 20171 as amended by 2014 PA 449, section 21763 as amended by 1996 PA 546, section 21771 as amended by 2012 PA 174, section 21794 as added by 2014 PA 529, and section 21799b as amended by 2000 PA 437, and by adding part 221; and to repeal acts and parts of acts.

(Filed with the Secretary of State on July 25, 2022, at 10:48 a.m.)

 

 

Date: July 25, 2022

Time: 9:36 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6017 (Public Act No. 188, I.E.), being

An act to amend 1992 PA 147, entitled “An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,” by amending section 11 (MCL 207.781), as amended by 2021 PA 44.

(Filed with the Secretary of State on July 25, 2022, at 10:50 a.m.)

 

 

The following message from the Governor was received August 2, 2022 and read:

 

EXECUTIVE ORDER

No. 2022-7

Michigan Committee on Juvenile Justice

Department of Health and Human Services

 

In 1975, Congress enacted the Juvenile Justice and Delinquency Prevention Act (“Act”). In response, Governor Milliken established the Advisory Committee on Juvenile Justice in 1976. This advisory body has evolved over time as federal requirements and our understanding of best practices in juvenile justice have shifted. See EO 1976-6; EO 2003-9; 2012-16; EO 2017-12. Today, the committee operates within the Department of Health and Human Services as the Michigan Committee on Juvenile Justice.

In 2018, Congress amended the Act to further revise state requirements. See 34 U.S.C. §11101-11313. The Act makes funds available to participating states to assist in establishing and operating projects to improve education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile justice. The Act further requires any state receiving money under the Act to create an advisory group appointed by the chief executive officer of the state to advise the state planning agency on (1) juvenile justice and delinquency prevention matters and (2) the award of grants to state and local governments, private nonprofit agencies, colleges, and universities. The latest iteration of the Michigan Committee on Juvenile Justice was launched by Executive Order 2017-12. With new federal requirements, Executive Order 2017‑12 is now out of date and requires revision to explicitly incorporate the requirements of the Juvenile Justice and Delinquency Prevention Act. 34 U.S.C. § 11133.

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 Committee on Juvenile Justice

   (a) The Michigan Committee on Juvenile Justice (“Committee”) is created as an advisory body within the Department of Health and Human Services (“Department”).

   (b) The Department is designated as the state agency responsible for the supervision, preparation, and administration of the comprehensive Juvenile Justice and Delinquency Prevention Plan required by the Act (“Plan”).

   (c) The Director of the Department must provide appropriate staff support for the Committee, subject to available funding.

   (d) The governor will appoint no fewer than 21 members and no more than 33 members to the Committee. All members appointed to the Committee must have training or experience within the juvenile justice system, or special knowledge concerning the prevention and treatment of juvenile delinquency. Membership must reflect the requirements established in the federal Juvenile Justice Delinquency Prevention Act 34 U.S.C. 11133 and must include:

(1)    A locally elected official representing general purpose local government;

(2)    A juvenile or family court judge;

(3)    A prosecutor;

(4)    An attorney who represents children and youth;

(5)    A probation professional;

(6)    Two representatives of public agencies concerned with delinquency prevention or treatment;

(7)    Three representatives of private nonprofit organizations. Representatives must include individuals who focus on youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, preserving and strengthening families, parent groups and parent self-help groups, education, and social services for children;

(8)    Two volunteers who work with delinquent youth or youth at risk of delinquency;

(9)    Two representatives of programs that provide alternatives to incarceration, including programs providing organized recreation activities;

(10)  Two individuals with expertise and competence in addressing problems related to school violence and vandalism, including alternatives to suspension and expulsion;

(11)  Two individuals, both licensed or certified by the State of Michigan, in preventing and addressing mental health and substance abuse needs in delinquent youth and youth at risk of delinquency;

(12)  A representative of victim or witness advocacy groups;

(13)  A representative of victim or witness advocacy groups with expertise in addressing the challenges of sexual abuse and exploitation and trauma, particularly the needs of youth who experience sexual abuse, exploitation, and trauma before entering the juvenile justice system;

(14)  A tribal representative or other individual with expertise in tribal law enforcement and juvenile justice in tribal communities; and

(15)  Additional members as necessary to fill the remaining requirements of this order and as deemed appropriate by the governor.

   (e) A majority of the members of the Committee, including the chairperson, must not be full-time employees of federal, state, or local government.

   (f) At least one-fifth of the members of the Committee must be under the age of 28 at the time of initial appointment.

   (g) At least three members must have lived experience with the juvenile justice system, either as juveniles under the jurisdiction of the juvenile justice system, or as parents or guardians of someone under the jurisdiction of the juvenile justice system.

   (h) Members of the Committee must be appointed for four year terms, except that, of the members initially appointed, five members shall be appointed for one year terms, five members shall be appointed for two year terms, five members shall be appointed for three year terms, and the remainder shall be appointed for four year terms.

   (i) A vacancy on the Committee shall be filled in the same manner as the original appointment. A member may continue serving until his or her successor is appointed.

2.  Charge to the Committee

   (a) The Committee must participate in the development and review of the state’s juvenile justice plan as required by the Act.

   (b) The Committee must have the opportunity to review and comment on all juvenile justice and delinquency prevention grant applications submitted to the state under the Act within 45 days of their submission to the Committee, to assess whether, in the Committee’s view, the proposed use of funds will strengthen the juvenile justice program.

   (c) The Committee must center racial, geographical, educational, and financial equity in conducting its work. To that end, the Committee may facilitate trainings for local court stakeholders on equity, promote youth and family inclusion in policy development and implementation, and promote culturally responsive funding opportunities that will expand the evidence base of equity-focused interventions, policies, and practices.

   (d) The Committee may, as requested by the Department, participate in monitoring state compliance with federal program requirements, advise on local criminal justice advisory board composition, and review the accomplishments of projects funded under the state’s juvenile justice plan.

   (e) The Committee must seek regular input from juveniles currently under the jurisdiction of the juvenile justice system.

   (f) At least every two years, the Committee must submit to the governor and the legislature a report and recommendations regarding state compliance with the state’s juvenile justice plan. The report must include policy recommendations and potential actions on how to improve juvenile justice in the state.

   (g) The Committee must advise the Department and the governor on matters related to juvenile justice and delinquency prevention, as requested by the governor and the Department.

3.  Operations of the Committee

   (a) The Department must assist the Committee in the performance of its duties and provide personnel to staff the Committee. The budgeting, procurement, and related management functions of the Committee will be performed under the direction and supervision of the director of the Department.

   (b) The governor must designate a Chairperson of the Committee.

   (c) The Committee must meet at the call of the Chairperson and as may be provided in procedures adopted by the Committee.

   (d) Members who attend fewer than 50 percent of the scheduled meetings in any calendar year have vacated their appointment. Upon notification, the governor must fill the vacancy in the same manner as the original appointment.

   (e) The Committee may adopt additional procedures, consistent with this order and applicable law, governing its organization and operations.

   (f) The Committee must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.

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

   (h) The Committee may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public. The Committee also may consult with outside experts to perform its duties, including experts in the private sector, organized labor, and government agencies, and at institutions of higher education.

   (i) The Committee 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.

   (j) Members of the Committee must not receive additional compensation for participation on the Committee. Members of the Committee may receive reimbursement for necessary travel and expenses consistent with applicable law, rules, and procedures, subject to available funding.

   (k) Members of the Committee must refer all legal, legislative, and media contacts to the Department.

4.  Implementation

   (a) All departments, committees, commissioners, or officers of this state must give to the Committee any necessary assistance required by the Committee in the performance of the duties of the Committee so far as is compatible with their duties and consistent with this order and applicable law. Free access also must be given to any books, records, or documents in their custody relating to matters within the scope of inquiry, study, or review of the Committee, consistent with applicable law.

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

   (c) Nothing in this order should be construed to change the organization of the executive branch of state government or the assignment of functions among its units, in a manner requiring the force of law.

   (d) If any portion of this order is found to be unenforceable, the unenforceable provision will be disregarded and the rest of the order will remain in effect as issued.

   (e) Executive Order 2017-12 is rescinded. The Michigan Committee on Juvenile Justice established under Executive Order 2017-12 is abolished.

   (f) This order is effective upon filing.

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

Date:  August 2, 2022

Time: 8:07am

                                         [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 August 15, 2022 and read:

 

EXECUTIVE ORDER

No. 2022-8

Declaration of State of Emergency

 

On the morning of August 13, 2022, the Great Lakes Water Authority (GLWA) became aware of a break in a 120-inch diameter water transmission main in St. Clair County. This transmission main is the largest in GLWA’s regional water distribution system. Access to water for an estimated 935,000 people has been compromised by the break.

In response to the changing water pressure levels, a Boil Water Advisory was initially issued for 23 communities, including the Village of Almont, City of Auburn Hills, Bruce Township, Burtchville Township, Chesterfield Township, Clinton Township, City of Flint, Flint Township, City of Imlay City, Lenox Township, Macomb Township, Mayfield Township, Village of New Haven, Orion Township, City of Pontiac, City of Rochester, City of Rochester Hills, City of Romeo, Shelby Township, City of Sterling Heights, City of Troy, City of Utica, and Washington Township. A revised advisory was issued in the afternoon of August 13, removing ten communities from the Boil Water Advisory and leaving it in place for the others. Tens of thousands of residents will be forced to depend on alternative sources of water.

There is an immediate and ongoing need for bottled and shipped water to provide safe drinking water. Local officials in the impacted communities have taken several actions to respond, including activating the emergency response and recovery aspects of their emergency operations plans. Despite these efforts, State assistance and other outside resources are necessary to effectively respond to and recover from the effect of this emergency, to protect public health, safety, and property, and to lessen or avert the threat of more severe and lasting harm.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I order the following:

   1.  A state of emergency is declared for Lapeer, Macomb, Oakland, and St. Clair Counties. Additional jurisdictions may be added as needs and conditions change.

   2.  The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts and may call upon all state departments to utilize available resources to assist in the designated area pursuant to the Michigan Emergency Management Plan.

   3.  The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than September 11, 2022, unless extended as provided by the Emergency Management Act.

Date:  August 14, 2022

Time: 10:59 am

                                         [SEAL]                                  GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

 

 

The following communication from the Department of Labor and Economic Opportunity was received and read:

 

July 8, 2022

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Department of Labor and Economic Opportunity, Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor’s Consumer Price Index (CPI) were applied to the maximum weekly benefit rate for Michigan.

I am; therefore, transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $543.99.

                                                                                       Respectfully submitted,

                                                                                       Julia Dale, Director

                                                                                       Unemployment Insurance Agency

The communication was referred to the Clerk.

 

 

The following communication from the Department of State Police was received and read:

 

July 27, 2022

According to Public Act 401 of 2020, the Department of State Police must prepare an OK2SAY annual report. The report contains all the required information. The report has been reviewed and approved by the MSP command and all the required departments.

Specifically, 752.918 Sec. 8 states, “The department, in consultation with the department of health and human services and the department of education, shall prepare an annual report under this act. The report must be filed not later than July 31 of the year in which the report is due. Copies of the report must be filed with the governor, the secretary of the senate, the clerk of the house of representatives, the clerk of the senate standing committee on appropriations, and the clerk of the house standing committee on appropriations. The report must also be maintained on the department’s website. The report must contain all of the following information:

(a) The number of reports and other information reported to the hotline under this act.

(b) The number of reports and information reported to the hotline that are forwarded to local law enforcement officials and school officials.

(c) The number of hotline reports resulting in referral to mental health services.

(d) The nature of the reports and information reported to the hotline in categories established by the department.

(e) The responses to the reports and information reported to the hotline at the local level in categories established by the department.

(f) The source of all funds deposited in the student safety fund.

(g) The itemized costs and expenditures incurred by the department in implementing this act.

(h) An analysis of the overall effectiveness of the program in addressing potential self-harm and potential harm or criminal acts directed at schools, school employees, and school students.

Attached is a copy of the report as well as a link to the report (https://www.michigan.gov/ok2say/-/
media/Project/Websites/ok2say/2022/PDFs/annual-reports/2021_SinglePage_AnnualReport_MSP_ver9.pdf?
rev=c70af9f310e94468b307bee7695deabe&hash=B0037F7A35867FD282CB920C4A9771DA) located on the department’s website.

                                                                                       Thank you,

                                                                                       Sgt. Travis R. Fletcher

                                                                                       Government Relations Section

                                                                                       Transparency and Accountability Division

                                                                                       Michigan State Police

                                                                                       7150 Harris Drive

                                                                                       Dimondale, MI 48821

                                                                                       TX: (517) 930-1829

The communication was referred to the Clerk.

Introduction of Bills

 

 

Rep. Filler introduced

House Bill No. 6347, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA.

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

 

 

Rep. Rabhi introduced

House Bill No. 6348, entitled

A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.133) by amending the title and by adding section 3a.

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

 

 

Rep. Rabhi introduced

House Bill No. 6349, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2021 PA 46.

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

 

 

Reps. Tisdel, Sneller and Ellison introduced

House Bill No. 6350, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 21d to chapter VIII.

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

 

 

Reps. Ellison, Sneller and Tisdel introduced

House Bill No. 6351, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2980.

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

 

 

Reps. Sneller, Tisdel, Ellison and Harris introduced

House Bill No. 6352, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 277a.

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

 

 

Reps. Harris, Sneller, Tisdel and Ellison introduced

House Bill No. 6353, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2022 PA 5, and by adding section 277.

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

 

 

Reps. Hoitenga, Harris and Filler introduced

House Bill No. 6354, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2022 PA 23.

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

Rep. Filler introduced

House Bill No. 6355, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 409 and 972 (MCL 330.1409 and 330.1972), section 409 as amended and section 972 as added by 2020 PA 402.

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

 

 

Rep. Steven Johnson introduced

House Bill No. 6356, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 36a, 36b, 36c, 36d, 36e, 36f, 36g, and 36h to chapter VIII.

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

 

 

Rep. Albert introduced

House Bill No. 6357, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2018 PA 512.

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

 

 

Rep. Albert introduced

House Bill No. 6358, entitled

A bill to authorize the department of technology, management, and budget to transfer state-owned property in Ionia County; to authorize the state administrative board to convey a parcel of state-owned property in Kent County; to prescribe conditions for the transfer or conveyance; to provide for the powers and duties of state departments and agencies in regard to the property; and to provide for the disposition of revenue.

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

 

 

Rep. Sowerby introduced

House Bill No. 6359, 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.

 

 

Rep. Yaroch introduced

House Bill No. 6360, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2021 PA 129.

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

 

 

Rep. Yaroch introduced

House Bill No. 6361, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending the title and sections 3, 5, 7, 8, 26, 27, 33, 34, 35, 51, 52, 53, 55, 76a, 77, 80b, 86, 89, 91, 109, and 155 (MCL 259.3, 259.5, 259.7, 259.8, 259.26, 259.27, 259.33, 259.34, 259.35, 259.51, 259.52, 259.53, 259.55, 259.76a, 259.77, 259.80b, 259.86, 259.89, 259.91, 259.109, and 259.155), the title as amended by 2015 PA 95, sections 3, 5, 8, 51, 86, and 89 as amended by 2002 PA 35, section 7 as amended by 2015 PA 261, section 26 as amended by 1992 PA 308, section 34 as amended by 2015 PA 259, section 35 as amended by 2015 PA 258, sections 76a, 77, and 155 as amended and sections 80b and 91 as added by 1996 PA 370, and section 109 as added by 2002 PA 90, and by adding section 80i; and to repeal acts and parts of acts.

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

 

 

Rep. Yaroch introduced

House Bill No. 6362, entitled

A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending section 2 (MCL 28.602), as amended by 2021 PA 42.

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

 

 

Announcements by the Clerk

 

 

July 20, 2022

Received from the Auditor General the Oath of Office, dated July 20, 2022, relative to the reappointment of the Auditor General Doug Ringler.

                                                                                       Gary L. Randall

                                                                               Clerk of the House

 

 

August 1, 2022

Received from the State 911 Committee the Annual Report to the Michigan Legislature for the 2021 calendar year consistent with Section 412 of P.A. 32 of 1986, as amended.

                                                                                       Gary L. Randall

                                                                               Clerk of the House

 

 

August 5, 2022

Received from the Auditor General a copy of the:

·         Single audit report for the Michigan State Housing Development Authority (000-0800-22), Fiscal Year Ended June 30, 2021.

                                                                               Gary L. Randall

                                                                               Clerk of the House

 

 

Presentation of Petitions

 

 

August 15, 2022

RE: Election Recount for the 34th House District

 

PETITION FOR A RECOUNT

I Ryan G Rank, the petitioner reside at 3050 Hillview Dr, Adrian, MI 49221, petition the State of Michigan Board of Canvassers for a recount of the votes cast for the State of Michigan House of Representatives 34th District at the Primary Election held on 8/2/2022. I have good-faith belief that but for fraud or mistake committed by the precinct election inspectors in their canvass of returns of the votes cast at the above referenced election, I had a reasonable chance of winning the election. There is only a 7 Vote difference between me and the winning candidate, that equates to a 0.06% difference in the total votes cast. I initially requested that 39 precincts including all ballots and Absent Voter Counting Board (AVCB) Ballots within Lenawee County be recounted. Upon further discussion with the county clerk’s office, it was found that the total number of precincts had increased to 57, below is the information from the county clerk for jurisdictions be recounted:

Name of Jurisdiction and number of Precincts:

Number of Lenawee precincts: (43)

Adrian City (6), Hudson City (1), Morenci City (1), Tecumseh City(4), Adrian Twp. (2), Blissfield Twp. (2), Cambridge Twp. (3), Clinton Twp. (2), Deerfield Twp. (1), Dover Twp. (1), Fairfield Twp. (1), Franklin Twp. (1), Hudson Twp. (1), Macon Twp. (1), Madison Twp. (3), Medina (1), Ogden Twp. (1), Palmyra Twp. (1), Raisin Twp. (3), Ridgeway Twp. (1), Riga Twp. (1), Rollin Twp. (1), Rome Twp. (1), Seneca Twp. (1), Tecumseh Twp. (1), Woodstock Twp. (1)

Number of AVCB used for 8/2/22, Primary Election: (14)

Hudson City (1), Tecumseh City (1), Adrian Twp. (2), Blissfield Twp. (1), Cambridge Twp. (1), Clinton (1), Franklin Twp. (1), Hudson Twp. (1), Madison Twp. (1), Raisin Twp. (2), Rollin Twp. (1), Woodstock Twp. (1).

My previous deposit of $975.00 has been received and I am including the additional $450.00, and a new Recount Deposit Worksheet is enclosed.

Ryan G Rank, Candidate for 34th District

 

Subscribed and sworn to me before this 15th day of August 2022

County of Lenawee

Name of Notary: Janet Moden

Commission Expires 1-29-2027

 

I look forward in hearing from you, should you need to contact me email ryan@ranknfile4mi.com or cell (517) 403-0274 is the best.

                                                                                       Sincerely,

                                                                                       Ryan G Rank, Candidate

 

 

______

 

 

The Clerk declared the House adjourned until Wednesday, September 7, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives