No. 103

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Wednesday, December 23, 2020.

 

11:30 a.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.

 

 

The Honorable Gary L. Randall, Clerk of the House, offered the following invocation:

 

“Heavenly Father as we approach the end of the legislative session, we offer thanks for the year that was and ask for Your blessing as we look forward to a new session filled with challenges and opportunity.

Lord, we ask that You extend Your heavenly grace to those who will not be returning in the new year...and for those who will return, and those new to service in this chamber, we ask for divine guidance and pray that the work that is done will make Michigan a place we are proud to call home.

Amen.”

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced the enrollment printing and presentation to the Governor Tuesday, December 22, for her approval of the following bills:

Enrolled House Bill No. 5846 at 4:47 p.m.

Enrolled House Bill No. 5847 at 4:49 p.m.

Enrolled House Bill No. 5849 at 4:51 p.m.

Enrolled House Bill No. 6235 at 4:53 p.m.

Enrolled House Bill No. 5852 at 4:55 p.m.

Enrolled House Bill No. 4098 at 4:57 p.m.

Enrolled House Bill No. 5851 at 4:59 p.m.

Enrolled House Bill No. 5850 at 5:01 p.m.

Enrolled House Bill No. 5197 at 5:03 p.m.

Enrolled House Bill No. 5198 at 5:05 p.m.

Enrolled House Bill No. 5611 at 5:07 p.m.

Enrolled House Bill No. 4792 at 5:09 p.m.

Enrolled House Bill No. 5178 at 5:11 p.m.

Enrolled House Bill No. 5570 at 5:13 p.m.

Enrolled House Bill No. 5126 at 5:15 p.m.

Enrolled House Bill No. 4437 at 5:17 p.m.

Enrolled House Bill No. 4396 at 5:19 p.m.

Enrolled House Bill No. 5059 at 5:21 p.m.

Enrolled House Bill No. 5575 at 5:23 p.m.

Enrolled House Bill No. 5314 at 5:25 p.m.

Enrolled House Bill No. 5856 at 5:27 p.m.

Enrolled House Bill No. 5679 at 5:29 p.m.

Enrolled House Bill No. 6333 at 5:31 p.m.

Enrolled House Bill No. 4159 at 5:33 p.m.

Enrolled House Bill No. 4816 at 5:35 p.m.

Enrolled House Bill No. 5470 at 5:37 p.m.

Enrolled House Bill No. 4223 at 5:39 p.m.

Enrolled House Bill No. 5853 at 5:41 p.m.

Enrolled House Bill No. 5827 at 5:43 p.m.

Enrolled House Bill No. 5085 at 5:45 p.m.

Enrolled House Bill No. 5427 at 5:47 p.m.

Enrolled House Bill No. 5426 at 5:49 p.m.

Enrolled House Bill No. 4395 at 5:51 p.m.

Enrolled House Bill No. 5504 at 5:53 p.m.

Enrolled House Bill No. 4694 at 5:55 p.m.

Enrolled House Bill No. 6313 at 5:57 p.m.

Enrolled House Bill No. 5854 at 5:59 p.m.

Enrolled House Bill No. 4508 at 6:01 p.m.

Enrolled House Bill No. 5770 at 6:03 p.m.

Enrolled House Bill No. 5298 at 6:05 p.m.

Enrolled House Bill No. 6190 at 6:07 p.m.

Enrolled House Bill No. 5825 at 6:09 p.m.

Enrolled House Bill No. 4313 at 6:11 p.m.

Enrolled House Bill No. 5844 at 6:13 p.m.

Enrolled House Bill No. 5855 at 6:15 p.m.

Enrolled House Bill No. 4866 at 6:17 p.m.

Enrolled House Bill No. 4923 at 6:19 p.m.

Enrolled House Bill No. 4924 at 6:21 p.m.

Enrolled House Bill No. 4488 at 6:23 p.m.

Enrolled House Bill No. 4489 at 6:25 p.m.

Enrolled House Bill No. 4490 at 6:27 p.m.

Enrolled House Bill No. 4491 at 6:29 p.m.

Enrolled House Bill No. 4492 at 6:31 p.m.

Enrolled House Bill No. 5553 at 6:33 p.m.

Enrolled House Bill No. 5857 at 6:35 p.m.

Enrolled House Bill No. 5735 at 6:37 p.m.

Enrolled House Bill No. 5002 at 6:39 p.m.

Enrolled House Bill No. 5003 at 6:41 p.m.

Enrolled House Bill No. 4170 at 6:43 p.m.

Enrolled House Bill No. 4186 at 6:45 p.m.

Enrolled House Bill No. 4187 at 6:47 p.m.

Enrolled House Bill No. 5832 at 6:49 p.m.

Enrolled House Bill No. 4042 at 6:51 p.m.

Enrolled House Bill No. 5920 at 6:53 p.m.

Enrolled House Bill No. 4910 at 6:55 p.m.

Enrolled House Bill No. 4911 at 6:57 p.m.

Enrolled House Bill No. 5024 at 6:59 p.m.

Enrolled House Bill No. 5025 at 7:01 p.m.

Enrolled House Bill No. 5217 at 7:03 p.m.

Enrolled House Bill No. 5218 at 7:05 p.m.

Enrolled House Bill No. 5417 at 7:07 p.m.

Enrolled House Bill No. 5418 at 7:09 p.m.

Enrolled House Bill No. 5419 at 7:11 p.m.

 

 

Messages from the Senate

 

 

December 23, 2020

The Honorable Lee Chatfield

Speaker of the House

State Capitol Building

Lansing, Michigan 48913

 

Speaker Chatfield:

I herewith return to the House the following House Bills and House Concurrent Resolutions which failed passage or adoption by the Senate:

House Bill Nos.:    4007   4008   4009   4010  4011   4012   4013   4014   4015 4016

                            4018   4020   4030   4035  4045   4056   4081   4095   4108 4112

                            4137   4138   4139   4141  4144   4146   4162   4181   4185 4208

                            4213   4224   4230   4233  4235   4237   4246   4254   4255 4256

                            4257   4258   4259   4260  4261   4265   4274   4275   4291 4315

                            4316   4320   4321   4331  4366   4370   4371   4372   4373 4374

                            4376   4377   4378   4383  4406   4407   4434   4440   4454 4475

                            4483   4493   4509   4510  4516   4517   4551   4552   4567 4568

                            4569   4587   4615   4616  4628   4680   4681   4682   4683 4684

                            4700   4704   4705   4706  4707   4708   4709   4717   4735 4736

                            4737   4823   4861   4954  4955   4958   4993   5008   5015 5046

                            5047   5048   5049   5050  5051   5097   5137   5138   5146 5147

                            5153   5159   5160   5161  5253   5286   5299   5368   5369 5395

                            5397   5407   5411   5421  5437   5479   5551   5589   5627 5657

                            5658   5672   5684   5685  5686   5687   5688   5689   5690 5691

                            5692   5693   5694   5695  5696   5697   5698   5699   5700 5704

                            5709   5729   5731   5777  5795   5802   5803   5804   5836 5837

                            5843   5859   5861   5897  5910   5975   5976   5977   5981 6100

                            6132   6162   6169   6170  6233         

House Concurrent Resolution Nos.:         3        7      12      17      31

                                                                                       Very respectfully,

                                                                                       Margaret O’Brien

                                                                                       Secretary of the Senate

 

 

Messages from the Governor

 

 

Date: December 22, 2020

Time: 4:30 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5481 (Public Act No. 250, I.E.), being

An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 2661, 2663, 2665, 2667, 2671, 2673, and 2677 (MCL 339.2661, 339.2663, 339.2665, 339.2667, 339.2671, 339.2673, and 339.2677), as added by 2012 PA 505, and by adding section 2670.

(Filed with the Secretary of State on December 22, 2020, at 5:38 p.m.)

Date: December 22, 2020

Time: 4:32 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5824 (Public Act No. 251, I.E.), being

An act to amend 1911 PA 44, entitled “An act to create a state board of equalization; to prescribe its powers and duties; to provide that said board shall be furnished with certain information by the several boards of supervisors and by the state tax commission; to provide for meeting the expense authorized by this act, and to repeal all acts or parts of acts contravening the provisions of this act,” by amending section 5 (MCL 209.5), as amended by 2001 PA 36.

(Filed with the Secretary of State on December 22, 2020, at 5:40 p.m.)

 

 

The following message from the Governor was received and read:

December 22, 2020

Gary Randall

Clerk of the House

Michigan House of Representatives

State Capitol, Room 426

Lansing, MI 48909

 

Dear Mr. Randall,

In accordance with section 14 of article 5 of the Michigan Constitution of 1963, I write to advise the Michigan House of Representatives that I granted the following commutations during 2020.

Mr. Larry A. McGhee, whose sentence I commuted on December 22, 2020 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Michael Alonzo Thompson, whose sentence I commuted on December 22, 2020 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Lawrence Edward Cadroy, whose sentence I commuted on December 22, 2020 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Lorenzo L. Garrett, whose sentence I commuted on December 22, 2020 based on the affirmative recommendation of the Michigan Parole Board.

                                                                                       Sincerely,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The message was referred to the Clerk.

 

 

Explanation of “No” Votes

 

 

Rep. Kuppa, having reserved the right to explain her nay vote, made the following statement:

“Mr. Speaker and members of the House:

HB 6333

While change can be good, House Bill 6333 will result in the loss of a long-standing and treasured House tradition. This bill gives legislative leadership the ability to decide a Member’s seat assignment, as opposed to the language of the existing statute, which involved seniority and a measure of chance. Politics is all about relationships - and especially creating and nurturing unlikely friendships. It’s something that I learned not only in my years of active involvement in interfaith dialogue but also at the training I received from the Council of State Governments. Leadership shouldn’t decide who a Member is seated next to like children being assigned seats in elementary school. If our collective goal as a legislative body is to serve people and communities across the state of Michigan, we can best do that if we form relationships free from political interference.”

Communications from State Officers

 

 

The following communications from the Secretary of State were received on December 23, 2020 and read:

 

Notices of Filing

Administrative Rules

 

     March 13, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule Extension #2019-090-HS (Secretary of State Filing #20-03-01) on this date at 1:42 P.M. for the Department of Health and Human Services entitled, “Protection of Youth from Nicotine Product Addiction – Emergency Rules.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

     March 13, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-033-AC (Secretary of State Filing #20‑03-02) on this date at 1:42 P.M. for the Department of Agriculture and Rural Development entitled, “Regulation No. 629; Seed Potato Certification Requirements.”

These rules take effect on January 1, 2021.

 

     March 16, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules requests the withdrawal of Administrative Rule #2019-033-AC (Secretary of State Filing #20-03-02) on this date at 2:46 P.M. for the Department of Agriculture and Rural Development and will be resubmitted after the completion of the Joint Committee on Administrative Rules 15-session day review period.

 

     March 18, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2020-201-LE (Secretary of State Filing #20-03-03) on this date at 4:52 P.M. for the Department of Labor and Economic Opportunity entitled, “Workers’ Disability Compensation Agency – General Rules.”

These rules take effect immediately upon filing with the Secretary of State and shall remain in effect for 6 months.

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Melissa Malerman, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Clerk.

 

 

Announcements by the Clerk

 

 

     December 23, 2020

Received from the Auditor General a copy of the:

·         Performance audit report on the Disadvantaged Business Enterprise Program, Office of Business Development, Michigan Department of Transportation (591-0351-20), December, 2020.

                                                                                       Gary L. Randall

                                                                                       Clerk of the House

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

                                                                                       December 23, 2020

The Honorable Lee Chatfield

Speaker of the House of Representatives

State Capitol Building

Lansing, Michigan 48913

 

Dear Mr. Speaker:

I have the honor to inform you that the Senate has completed the business of the session and is now ready to adjourn.

                                                                                       Very respectfully,

                                                                                       Margaret O’Brien

                                                                                       Secretary of the Senate

 

 

______

 

 

The hour of 12:00 Noon having arrived,

Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the Clerk declared the House adjourned without day.

 

 

GARY L. RANDALL

Clerk of the House of Representatives