No. 62

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Tuesday, June 29, 2021.

 

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.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills and joint resolution had been reproduced and made available electronically on Thursday, June 24:

House Bill Nos.     5116   5117   5118   5119  5120   5121   5122   5123   5124  5125   5126   5127 5128       5129        5130        5131        5132        5133                               5134   5135   5136   5137  5138   5139   5140   5141   5142  5143   5144   5145 5146       5147        5148        5149        5150        5151                               5152   5153   5154   5155  5156   5157   5158   5159   5160  5161  5162

House Joint Resolution        H

 

 

Messages from the Governor

 

 

The following message from the Governor was received June 28, 2021 and read:

 

EXECUTIVE ORDER

No. 2021-7

Declaration of State of Emergency

 

Beginning on June 25, 2021, Southeast Michigan experienced heavy rainfall, which resulted in widespread flooding, power outages, flooded roadways, stranded motorists, flooding of homes, and displaced residents. The National Weather Service forecasts heavy rain and strong winds over the weekend across southern Michigan. Due to these conditions, additional actions are necessary to protect public health, safety, and property.

Local officials in Wayne County have taken several actions to cope with the impacts of the incident, including but not limited to, activating the disaster or emergency response and recovery aspects of their emergency operations plans, issuing emergency public information, and providing relief and support to flood-stranded individuals. The assistance of voluntary organizations and the state are required to protect public health, safety, and property, and to lessen or avert the threat of more severe and persisting impacts to the community. State assistance and other outside resources are necessary to effectively respond to, and recover from, the impacts of flooding.

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 the county of Wayne. Additional jurisdictions may be added as needed 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 use 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 July 24, unless extended as provided by the Emergency Management Act.

Date:  June 26, 2021

                                         [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 communications from the State Budget Office were received and read:

 

June 25, 2021

This letter transmits the “Statement of the Proportion of Total State Spending From State Sources Paid to Units of Local Government - Legal Basis” for fiscal year 2020, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.

The statement has been reviewed by the Office of the Auditor General and a copy of their independent accountant’s review letter is enclosed.

If you have questions regarding this report, please contact Ms. Heather Boyd, Director, Office of Financial Management, at 241-4010.

 

June 25, 2021

Transmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Sections 26 and 33 of the Michigan Constitution for the fiscal year 2020.

The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed.

If you have questions regarding this report, please contact Ms. Heather Boyd, Director, Office of Financial Management, at 241-4010.

                                                                                       Sincerely,

                                                                                       David P. Massaron

                                                                                       State Budget Director

The communications were referred to the Clerk.

 

 

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

 

June 28, 2021

The attached annual report on the operation of the New Jobs Training Program is provided to you in accordance with MCL 206.713.

                                                                                       Sincerely,

                                                                                       Scott Darragh, Economist – Administrator

                                                                                       Tax Analysis Division

                                                                                       Office of Revenue and Tax Analysis

                                                                                       Michigan Department of Treasury

                                                                                       517 241-2148

                                                                                       DarraghS@michigan.gov

The communication was referred to the Clerk.

Introduction of Bills

 

 

Reps. Witwer, Garza, Clemente, Koleszar, Haadsma, Aiyash, Neeley, Cherry, Ellison, Hertel, Sabo, Morse, LaGrand, Bolden, Manoogian, Young, Pohutsky, Sowerby, Tyrone Carter, Hood, Scott, Cavanagh, Cynthia Johnson, Anthony and Yancey introduced

House Bill No. 5163, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21528.

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

 

 

Reps. Steven Johnson, Fink and Slagh introduced

House Bill No. 5164, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 802b.

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

 

 

Rep. Whiteford introduced

House Bill No. 5165, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 818 (MCL 330.1818), as amended by 1995 PA 290.

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

 

 

Rep. Whiteford introduced

House Bill No. 5166, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744e (MCL 333.17744e), as added by 2016 PA 383.

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

 

 

Rep. Kahle introduced

House Bill No. 5167, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 946.

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

 

 

Rep. Wozniak introduced

House Bill No. 5168, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3157c.

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

 

 

Rep. Wozniak introduced

House Bill No. 5169, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3157c.

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

 

 

Rep. Wozniak introduced

House Bill No. 5170, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3151 and 3153 (MCL 500.3151 and 500.3153), section 3151 as amended by 2019 PA 22, and by adding section 3151a.

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

 

 

Rep. Wozniak introduced

House Bill No. 5171, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3151 (MCL 500.3151), as amended by 2019 PA 22.

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

Reps. Cambensy, Howell, Roth, Peterson, Aiyash, Hood, Markkanen, Whitsett, Rabhi and Yancey introduced

House Bill No. 5172, entitled

A bill to provide for the levy, collection, and administration of an excise tax on room charges of certain short-term transient facilities by transient guests; to provide for the disposition of the proceeds of the excise tax; to prescribe the powers and duties of certain state departments, local units of government, and state and local officials; to provide for certain penalties; and to provide for certain exemptions.

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

 

 

Reps. Cambensy, Whitsett, Rabhi, Roth, Peterson, Rogers, O’Neal, Aiyash, Hood, Markkanen, Howell and Yancey introduced

House Bill No. 5173, entitled

A bill to amend 1989 PA 244, entitled “Regional tourism marketing act,” by amending sections 2 and 5 (MCL 141.892 and 141.895), section 2 as amended by 2018 PA 466.

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

 

 

Reps. Hope and Anthony introduced

House Bill No. 5174, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Shannon, Haadsma, Steckloff, Tyrone Carter and Aiyash introduced

House Bill No. 5175, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding sections 4kk and 19a.

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

 

 

Reps. Koleszar, Haadsma, Steckloff, Tyrone Carter and Aiyash introduced

House Bill No. 5176, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding sections 4kk and 20a.

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

 

 

Reps. Bolden and Weiss introduced

House Bill No. 5177, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

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

 

 

Reps. Bolden and Weiss introduced

House Bill No. 5178, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 22 (MCL 125.1422), as amended by 2012 PA 327.

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

 

 

Reps. VanWoerkom, Meerman, Outman, Hall, Posthumus, Damoose, Borton, Maddock and Brann introduced

House Bill No. 5179, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 28 and 29 (MCL 421.28 and 421.29), section 28 as amended by 2020 PA 229 and section 29 as amended by 2020 PA 258, and by adding section 67c.

The bill was read a first time by its title and referred to the Committee on Workforce, Trades, and Talent.

Reps. VanWoerkom, Hall, Posthumus, Damoose, Borton and Maddock introduced

House Bill No. 5180, entitled

A bill to amend 2006 PA 491, entitled “Michigan works one-stop service center system act,” by amending section 13 (MCL 408.123).

The bill was read a first time by its title and referred to the Committee on Workforce, Trades, and Talent.

 

 

Reps. Kahle, Rogers, Puri, Cambensy, Brixie, Scott, O’Neal, Hood, Hope, Sneller, Weiss, Bezotte, Bolden, Aiyash, Brabec, Neeley, Sowerby, Steckloff, Slagh, Morse, Hertel and Camilleri introduced

House Bill No. 5181, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 76e.

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

 

 

Reps. Rogers, Kahle, Puri, Cambensy, Brixie, Scott, O’Neal, Hood, Hope, Sneller, Weiss, Bezotte, Bolden, Aiyash, Brabec, Neeley, Sowerby, Steckloff, Slagh, Morse, Hertel and Camilleri introduced

House Bill No. 5182, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2011 PA 59.

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

 

 

Reps. Koleszar, Hertel, Lasinski, Kuppa, Tate, Bolden, Manoogian, Pohutsky, Young, Puri, Morse, Weiss, Garza, Steckloff, Peterson, Liberati, Hope, Scott, Brabec, Sowerby, Brenda Carter, Stone, Shannon, Cherry, Camilleri, Cavanagh, Rabhi, Cynthia Johnson, Hood, Whitsett, Clemente, Anthony and Aiyash introduced

House Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 1 of article II, to provide that at a primary election a citizen who will be 18 years of age on or before the date of the next November election and who is otherwise qualified to vote may vote at that primary election.

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

 

 

______

 

 

The Clerk declared the House adjourned until Wednesday, June 30, at 10:00 a.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives