No. 86

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Wednesday, October 20, 2021.

 

1:30 p.m.

 

The House was called to order by the Speaker Pro Tempore.

 

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

 

Aiyash—present               Damoose—present          Kuppa—present              Rogers—present

Albert—present                Eisen—present                LaFave—present             Roth—present

Alexander—present          Ellison—present              LaGrand—present           Sabo—present

Allor—present                  Farrington—present        Lasinski—present            Scott—present

Anthony—present            Filler—present                 Liberati—present             Shannon—present

Beeler—present                Fink—present                  Lightner—present           Slagh—present

Bellino—present               Frederick—present          Lilly—present                  Sneller—present

Berman—present              Garza—present                Maddock—excused        Sowerby—present

Beson—present                 Glenn—present               Manoogian—present       Steckloff—present

Bezotte—present              Green—present               Marino—excused            Steenland—present

Bolden—present               Griffin—present              Markkanen—present       Stone—present

Bollin—present                 Haadsma—present          Martin—present              Tate—present

Borton—present               Hall—present                  Meerman—present          Thanedar—present

Brabec—present               Hammoud—present        Morse—excused              Tisdel—present

Brann—present                 Hauck—present               Mueller—present             VanSingel—present

Breen—present                 Hertel—present               Neeley—excused            VanWoerkom—present

Brixie—present                 Hoitenga—present          O’Malley—present          Wakeman—present

Calley—present                Hood—present                O’Neal—present             Weiss—present

Cambensy—present          Hope—present                Outman—present            Wendzel—present

Camilleri—present            Hornberger—present       Paquette—present           Wentworth—present

Carra—present                  Howell—present             Peterson—present           Whiteford—present

Carter, B—present            Huizenga—present          Pohutsky—present          Whitsett—present

Carter, T—present            Johnson, C—present       Posthumus—present        Witwer—present

Cavanagh—present           Johnson, S—present        Puri—present                   Wozniak—present

Cherry—present                Jones—excused               Rabhi—present                Yancey—present

Clemente—present           Kahle—present                Reilly—present                Yaroch—present

Clements—present            Koleszar—present           Rendon—present            Young—present

Coleman—present                                                                                            

 

e/d/s = entered during session

Rep. Stephanie A. Young, from the 8th District, offered the following invocation:

 

“Heavenly Father,

Thank You for the opportunity to stand before Your people and offer a Word of prayer. And in praying about what to pray I received I Corinthians 13 which reads: ‘Though I speak with the tongues of men and of angels, but have not love, I have become sounding brass or a clanging cymbal. And though I have the gift of prophecy, and understand all mysteries and all knowledge, and though I have all faith, so that I could remove mountains, but have not love, I am nothing. And though I bestow all my goods to feed the poor, and though I give my body [a]to be burned, but have not love, it profits me nothing.

Love suffers long and is kind; love does not envy; love does not parade itself, is not puffed up; does not behave rudely, does not seek its own, is not provoked, [c]thinks no evil; does not rejoice in iniquity, but rejoices in the truth; bears all things, believes all things, hopes all things, endures all things. Love never fails.’

Father God I pray Your love abounds in our hearts and minds and our decisions, as we do the work You sent us here to do simply because … love is the work. I pray in Jesus name, please pray as you believe … Amen.”

 

______

 

 

The Speaker assumed the Chair.

 

 

______

 

 

Rep. Frederick moved that Reps. Jones, Maddock, Marino, Morse and Neeley be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 184.

A resolution of tribute offered as a memorial for Ernest W. Nash, former member of the House of Representatives.

Whereas, It is with great sorrow that the members of this legislative body learned about the passing of Ernest Nash. He will be remembered as a steadfast public servant who was deeply committed to his constituents of Eaton, Clinton, and Ionia counties in the Fifty-sixth District; and

Whereas, Ernest Nash was born in Bay City, later moving to Dimondale, and graduated from Michigan State University. Dedicated to his country and public safety, Ernest Nash served in the United States Navy for four years and was an officer with the Michigan State Police. In 1974, Ernest Nash was elected to serve his first term as a member of the House of Representatives; and

Whereas, Ernest Nash served 12 years as a representative. A trusted public safety expert, he served on the committees on Public Safety and Judiciary as vice chair. He was also a member of the committees on Corrections; State Affairs; Drainage; Social Services and Corrections; Consumers; Oversight; and Joint Administrative Rules, as well as the Legislative Council, as he contributed to wide array of legislative matters; and

Whereas, Ernest Nash was passionate about contributing to his community. He was a member of the Eaton County Shrine Club, the Lions Club, the Michigan State Police Command Officers Association, and the First Presbyterian Church of Dimondale, among other endeavors; and

Whereas, Ernest Nash’s legacy is a model of what we as public servants strive to be. Committed to the betterment of the state of Michigan, he served dutifully in the Legislature and the community; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Ernest W. Nash, a member of the House of Representatives from 1975 to 1986; and be it further

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

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Third Reading of Bills

 

 

House Bill No. 5290, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2018 PA 274.

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

 

 

Roll Call No. 489                                        Yeas—104

 

 

Aiyash                                    Clements                    Kahle                                          Roth

Albert                                     Coleman                     Koleszar                                      Sabo

Alexander                              Damoose                    Kuppa                                         Scott

Allor                                       Eisen                           LaFave                                        Shannon

Anthony                                 Ellison                        LaGrand                                     Slagh

Beeler                                     Farrington                   Lasinski                                       Sneller

Bellino                                    Filler                           Liberati                                       Sowerby

Berman                                   Fink                            Lightner                                      Steckloff

Beson                                     Frederick                    Lilly                                            Steenland

Bezotte                                   Garza                          Manoogian                                  Stone

Bolden                                   Glenn                          Markkanen                                  Tate

Bollin                                     Green                          Martin                                         Thanedar

Borton                                    Griffin                        Meerman                                     Tisdel

Brabec                                    Haadsma                    Mueller                                        VanSingel

Brann                                     Hall                             O’Malley                                     VanWoerkom

Breen                                      Hammoud                  O’Neal                                        Wakeman

Brixie                                     Hauck                         Outman                                       Weiss

Calley                                     Hertel                         Paquette                                      Wendzel

Cambensy                              Hoitenga                     Peterson                                      Wentworth

Camilleri                                 Hood                          Pohutsky                                     Whiteford

Carra                                      Hope                           Posthumus                                  Whitsett

Carter, B                                Hornberger                 Puri                                             Witwer

Carter, T                                 Howell                        Rabhi                                          Wozniak

Cavanagh                               Huizenga                    Reilly                                          Yancey

Cherry                                    Johnson, C                  Rendon                                       Yaroch

Clemente                                Johnson, S                  Rogers                                         Young

 

 

                                                                       Nays—0

 

 

In The Chair: Hornberger

 

 

The House agreed to the title of the bill.

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

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

 

 

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.

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

 

 

Roll Call No. 490                                         Yeas—96

 

 

Aiyash                                    Clements                    Koleszar                                      Scott

Albert                                     Coleman                     Kuppa                                         Shannon

Alexander                              Damoose                    LaFave                                        Slagh

Anthony                                 Eisen                           LaGrand                                     Sneller

Beeler                                     Ellison                        Lasinski                                       Sowerby

Bellino                                    Farrington                   Liberati                                       Steckloff

Berman                                   Filler                           Lightner                                      Steenland

Beson                                     Fink                            Lilly                                            Stone

Bezotte                                   Frederick                    Manoogian                                  Tate

Bolden                                   Garza                          Markkanen                                  Thanedar

Bollin                                     Glenn                          Martin                                         Tisdel

Borton                                    Green                          Mueller                                        VanSingel

Brabec                                    Griffin                        O’Malley                                     VanWoerkom

Brann                                     Haadsma                    O’Neal                                        Wakeman

Breen                                      Hall                             Outman                                       Weiss

Brixie                                     Hammoud                  Paquette                                      Wendzel

Calley                                     Hauck                         Peterson                                      Wentworth

Cambensy                              Hertel                         Pohutsky                                     Whiteford

Camilleri                                 Hood                          Posthumus                                  Whitsett

Carter, B                                Hope                           Puri                                             Witwer

Carter, T                                 Howell                        Rabhi                                          Wozniak

Cavanagh                               Huizenga                    Rogers                                         Yancey

Cherry                                    Johnson, C                  Roth                                            Yaroch

Clemente                                Kahle                          Sabo                                            Young

 

 

                                                                       Nays—8

 

 

Allor                                       Hoitenga                     Johnson, S                                   Reilly

Carra                                      Hornberger                 Meerman                                     Rendon

 

 

In The Chair: Hornberger

 

 

The House agreed to the title of the bill.

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

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

 

 

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.

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

 

 

Roll Call No. 491                                        Yeas—100

 

 

Aiyash                                    Clements                    Koleszar                                      Sabo

Albert                                     Coleman                     Kuppa                                         Scott

Alexander                              Damoose                    LaFave                                        Shannon

Anthony                                 Eisen                           LaGrand                                     Slagh

Beeler                                     Ellison                        Lasinski                                       Sneller

Bellino                                    Farrington                   Liberati                                       Sowerby

Berman                                   Filler                           Lightner                                      Steckloff

Beson                                     Fink                            Lilly                                            Steenland

Bezotte                                   Frederick                    Manoogian                                  Stone

Bolden                                   Garza                          Markkanen                                  Tate

Bollin                                     Glenn                          Martin                                         Thanedar

Borton                                    Green                          Meerman                                     Tisdel

Brabec                                    Griffin                        Mueller                                        VanSingel

Brann                                     Haadsma                    O’Malley                                     VanWoerkom

Breen                                      Hall                             O’Neal                                        Wakeman

Brixie                                     Hammoud                  Outman                                       Weiss

Calley                                     Hauck                         Paquette                                      Wendzel

Cambensy                              Hertel                         Peterson                                      Wentworth

Camilleri                                 Hood                          Pohutsky                                     Whiteford

Carra                                      Hope                           Posthumus                                  Whitsett

Carter, B                                Howell                        Puri                                             Witwer

Carter, T                                 Huizenga                    Rabhi                                          Wozniak

Cavanagh                               Johnson, C                  Reilly                                          Yancey

Cherry                                    Johnson, S                  Rogers                                         Yaroch

Clemente                                Kahle                          Roth                                            Young

 

 

                                                                       Nays—4

 

 

Allor                                       Hoitenga                     Hornberger                                  Rendon

 

 

In The Chair: Hornberger

 

 

The House agreed to the title of the bill.

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

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

 

 

House Bill No. 5072, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748f (MCL 333.17748f), as added by 2020 PA 142.

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

 

 

Roll Call No. 492                                        Yeas—104

 

 

Aiyash                                    Clements                    Kahle                                          Roth

Albert                                     Coleman                     Koleszar                                      Sabo

Alexander                              Damoose                    Kuppa                                         Scott

Allor                                       Eisen                           LaFave                                        Shannon

Anthony                                 Ellison                        LaGrand                                     Slagh

Beeler                                     Farrington                   Lasinski                                       Sneller

Bellino                                    Filler                           Liberati                                       Sowerby

Berman                                   Fink                            Lightner                                      Steckloff

Beson                                     Frederick                    Lilly                                            Steenland

Bezotte                                   Garza                          Manoogian                                  Stone

Bolden                                   Glenn                          Markkanen                                  Tate

Bollin                                     Green                          Martin                                         Thanedar

Borton                                    Griffin                        Meerman                                     Tisdel

Brabec                                    Haadsma                    Mueller                                        VanSingel

Brann                                     Hall                             O’Malley                                     VanWoerkom

Breen                                      Hammoud                  O’Neal                                        Wakeman

Brixie                                     Hauck                         Outman                                       Weiss

Calley                                     Hertel                         Paquette                                      Wendzel

Cambensy                              Hoitenga                     Peterson                                      Wentworth

Camilleri                                 Hood                          Pohutsky                                     Whiteford

Carra                                      Hope                           Posthumus                                  Whitsett

Carter, B                                Hornberger                 Puri                                             Witwer

Carter, T                                 Howell                        Rabhi                                          Wozniak

Cavanagh                               Huizenga                    Reilly                                          Yancey

Cherry                                    Johnson, C                  Rendon                                       Yaroch

Clemente                                Johnson, S                  Rogers                                         Young

 

 

                                                                       Nays—0

 

 

In The Chair: Hornberger

 

 

The House agreed to the title of the bill.

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

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

 

 

Second Reading of Bills

 

 

House Bill No. 4071, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2020 PA 49.

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

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

 

Rep. Kahle moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

House Bill No. 4072, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4316, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 21903, 21905, 21907, 21909, 21911, 21913, 21915, 21919, 21921, and 21923 (MCL 333.21903, 333.21905, 333.21907, 333.21909, 333.21911, 333.21913, 333.21915, 333.21919, 333.21921, and 333.21923), as added by 2017 PA 172.

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

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

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

The motion prevailed.

House Bill No. 5089, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 21903, 21909, and 21911 (MCL 333.21903, 333.21909, and 333.21911), as added by 2017 PA 172, and by adding section 21909a.

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

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

Rep. Bollin 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

Motions and Resolutions

 

 

Reps. Sabo, Yaroch, Allor, Bellino, Beson, Bezotte, Bolden, Brabec, Brann, Breen, Cambensy, Camilleri, Cavanagh, Cherry, Clemente, Eisen, Ellison, Fink, Garza, Haadsma, Hammoud, Hertel, Hood, Hope, Hornberger, Cynthia Johnson, Koleszar, Kuppa, Lasinski, Mueller, O’Malley, O’Neal, Peterson, Pohutsky, Puri, Rendon, Rogers, Scott, Shannon, Sneller, Sowerby, Steckloff, Steenland, Tate, Thanedar, Weiss, Whitsett, Witwer, Yancey and Young offered the following resolution:

House Resolution No. 185.

A resolution to declare October 24-30, 2021, as Fire Prevention Week in the state of Michigan.

Whereas, Last year, home fires killed more than 122 Michigan citizens. According to the National Fire Incident Reporting System, fire departments throughout the state responded to over 13,699 home fires in 2020; and

Whereas, According to the latest National Fire Protection Association “Smoke Alarms in the U.S.” report, working smoke alarms in the home reduce the risk of dying in a reported fire by more than half. However, almost three out of five home fire deaths occur in homes with no smoke alarms (41 percent) or smoke alarms that failed to operate (16 percent), missing or non-functional power sources, including missing or disconnected batteries, dead batteries, and disconnected hardwired alarms or other AC power issues

Whereas, Michigan’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention, protection, and education so families can take personal steps to increase their safety from fire in their homes; and

Whereas, The 2021 Fire Prevention Month theme, “Learn The Sounds of Fire Safety” effectively serves to educate the public about the sounds smoke alarms make, what those sounds mean, and how to respond to them; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 24‑30, 2021, as Fire Prevention Week in the state of Michigan. We urge all the people of Michigan to educate themselves on and practice cooking safely during this observance.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

______

 

 

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

The motion prevailed.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, October 19:

House Bill Nos.      5407   5408   5409   5410   5411   5412   5413   5414   5415   5416   5417   5418                                   5419   5420   5421   5422   5423   5424

 

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, October 20, for her approval of the following bill:

Enrolled House Bill No. 5007 at 12:06 p.m.

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

Senate Bill Nos.       694     695

 

The Clerk announced that the following Senate bills had been received on Wednesday, October 20:

Senate Bill Nos.       569     637     638     674     683     686

 

 

Reports of Standing Committees

 

 

The Committee on Communications and Technology, by Rep. Hoitenga, Chair, reported

House Bill No. 5026, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 102, 205, 303, 304, 305, 307, 308, 309, 310, 312, 320, 401a, 401c, 408, 413, 713, and 717 (MCL 484.1102, 484.1205, 484.1303, 484.1304, 484.1305, 484.1307, 484.1308, 484.1309, 484.1310, 484.1312, 484.1320, 484.1401a, 484.1401c, 484.1408, 484.1413, 484.1713, and 484.1717), sections 102, 312, 401a, and 401c as amended by 2018 PA 51, sections 205, 303, 307, 308, and 320 as amended by 2007 PA 164, section 408 as amended by 2019 PA 76, section 413 as amended by 2019 PA 30, section 713 as added by 1999 PA 79, and section 717 as amended by 2012 PA 260, and by adding section 401f.

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. Hoitenga, Damoose, Griffin, Hauck, Wozniak, Bezotte, Coleman, Haadsma, Aiyash and Scott

Nays: Rep. Reilly

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hoitenga, Chair, of the Committee on Communications and Technology, was received and read:

Meeting held on: Wednesday, October 20, 2021

Present: Reps. Hoitenga, Damoose, Griffin, Hauck, Reilly, Wozniak, Bezotte, Coleman, Haadsma, Aiyash and Scott

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, October 20, 2021

Present: Reps. Bellino, Markkanen, Hoitenga, Reilly, Berman, Paquette, Martin, Outman, Roth, Manoogian, Sneller, Cherry, Haadsma, Morse, Puri and Scott

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, October 20, 2021

Present: Reps. Farrington, Wakeman, Griffin, Reilly, O’Malley, Carra, Clemente, Camilleri, Rogers, Scott and Young

 

 

Messages from the Senate

 

 

Senate Bill No. 569, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 14, 45, 55, and 58 (MCL 400.14, 400.45, 400.55, and 400.58), section 14 as amended by 1987 PA 266, section 45 as amended by 1995 PA 223, section 55 as amended by 2015 PA 90, and section 58 as amended by 2006 PA 200.

The Senate has passed the bill.

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

 

 

Senate Bill No. 637, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 207e and 207f.

The Senate has passed the bill.

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

 

 

Senate Bill No. 638, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 207c and 207d.

The Senate has passed the bill.

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

 

 

Senate Bill No. 674, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by repealing section 10 (MCL 207.1010).

The Senate has passed the bill.

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

 

 

Senate Bill No. 683, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3 and 5 (MCL 712A.3 and 712A.5), section 3 as amended by 2019 PA 109 and section 5 as amended by 1996 PA 409.

The Senate has passed the bill.

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

 

 

Senate Bill No. 686, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 9 (MCL 325.1009), as amended by 2017 PA 91.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

Date: October 19, 2021

Time: 3:11 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5003 (Public Act No. 91, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 3104, 3110, 3118, 3120, 4104, 11135, 11153, 30104, 30109, 32312, and 32513 (MCL 324.3104, 324.3110, 324.3118, 324.3120, 324.4104, 324.11135, 324.11153, 324.30104, 324.30109, 324.32312, and 324.32513), section 3104 as amended by 2018 PA 518, sections 3110, 4104, 11135, and 11153 as amended by 2017 PA 90, and sections 3118, 3120, 30104, 30109, 32312, and 32513 as amended by 2019 PA 84.

(Filed with the Secretary of State on October 20, 2021, at 9:08 a.m.)

Communications from State Officers

 

 

The following communication from the Department of Environment, Great Lakes, and Energy was received and read:

 

October 19, 2021

In accordance with Sections 17303(9) and 17317(9) of Part 173, Electronics, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, attached is the Department of Environment, Great Lakes, and Energy’s (EGLE) biennial report on the Electronic Waste Recycling Fund Revenue and Expenses for fiscal years 2020 and 2021.

If you need further information, please contact Elizabeth M. Browne, Director, Materials Management Division, at 517-284-6551; or you may contact me at 517-512-5992.

                                                                                                         Liesl Eichler Clark, Director

The communication was referred to the Clerk.

 

 

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

 

October 19, 2021

In accordance with section 919(2) of Public Act 87 of 2021, below are the auditing firms contracted by the Michigan Department of Treasury, the amount of unclaimed property collected by each firm, and fees paid to each from October 1, 2020 through September 30, 2021.

Auditing Firm                            Est. Collections                             Fees Paid

Audit Services U.S.                               $0                                            $0

Discovery Audit Services                  $100,508                                  $12,061

EECS                                                 $528,368                                  $63,404

Kelmar Associates                          $4,525,488                                $458,363

Treasury Services Group                   $192,604                                  $19,706

Kroll Gov’t. Solutions                  $23,344,616                             $1,317,920

Totals                                            $28,691,584                             $2,991,348

Should you have any questions, please contact Terry A. Stanton, Manager, Unclaimed Property at (517) 636-5307 or stantont@michigan.gov.

                                                                                                         Sincerely,

                                                                                                         Ann E. Good, Deputy Treasurer

                                                                                                         Financial and Administrative Services

The communication was referred to the Clerk.

 

 

Introduction of Bills

 

 

Reps. Witwer and Tisdel introduced

House Bill No. 5425, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51f and 711 (MCL 206.51f and 206.711), section 51f as added by 2017 PA 110 and section 711 as amended by 2018 PA 118.

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

 

 

Reps. Tisdel and Witwer introduced

House Bill No. 5426, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 9 (MCL 125.2009), as amended by 2017 PA 109, and by adding chapter 8F.

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

 

 

Reps. Howell, Bellino, Sneller and Ellison introduced

House Bill No. 5427, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3a (MCL 15.263a), as amended by 2021 PA 54.

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

Reps. VanWoerkom and Sabo introduced

House Bill No. 5428, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 515 and 521 (MCL 600.515 and 600.521), section 521 as amended by 2001 PA 256.

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

 

 

Reps. Beeler, Damoose, Witwer and Hertel introduced

House Bill No. 5429, entitled

A bill to amend 2009 PA 229, entitled “Guaranteed asset protection waiver act,” by amending the title and sections 1, 3, 5, 7, 9, and 11 (MCL 492.21, 492.23, 492.25, 492.27, 492.29, and 492.31), by adding sections 3a, 4, and 9a and parts 5 and 9, and by designating section 1 as part 1, section 3 as part 2, section 3a as part 3, sections 4, 5, 7, 9, and 9a as part 4, and section 11 as part 6; and to repeal acts and parts of acts.

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

 

 

Reps. Witwer, Beeler, Damoose and Hertel introduced

House Bill No. 5430, entitled

A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 3 (MCL 445.853), as amended by 2009 PA 232.

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

 

 

Reps. Damoose, Beeler, Witwer and Hertel introduced

House Bill No. 5431, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 13 (MCL 492.113), as amended by 2009 PA 231.

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

 

 

Reps. Hertel, Beeler, Damoose and Witwer introduced

House Bill No. 5432, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 127 (MCL 500.127), as added by 2009 PA 230.

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

 

 

Reps. Posthumus, Brann, Steven Johnson, Yaroch and Meerman introduced

House Bill No. 5433, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16305a.

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

 

 

Reps. Griffin, Posthumus, Brann, Steven Johnson, Yaroch and Meerman introduced

House Bill No. 5434, entitled

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

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

 

 

Reps. Steven Johnson, Posthumus, Brann, Yaroch and Meerman introduced

House Bill No. 5435, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2677) by adding section 407a.

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

 

 

Reps. Fink, LaGrand, Steven Johnson, Brann, Young, Hood, Sowerby, Rogers, Aiyash, Kuppa, Stone, Whitsett and Yancey introduced

House Bill No. 5436, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 6 and 6a of chapter V (MCL 765.6 and 765.6a), section 6 of chapter V as amended by 2004 PA 167, and by adding section 6g to chapter V.

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

Reps. Yancey, LaGrand, Steven Johnson, Brann, Young, Hood, Sowerby, Rogers, Aiyash, Kuppa, Cavanagh, Stone and Whitsett introduced

House Bill No. 5437, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6b of chapter V (MCL 765.6b), as amended by 2014 PA 316, and by adding section 6f to chapter V.

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

 

 

Reps. VanWoerkom, LaGrand, Steven Johnson, Brann, Young, Hood, Sowerby, Aiyash, Kuppa, Stone, Whitsett and Yancey introduced

House Bill No. 5438, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I and section 1 of chapter VIII (MCL 761.1 and 768.1), section 1 of chapter I as amended by 2017 PA 2.

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

 

 

Reps. Young, LaGrand, Steven Johnson, Brann, Hood, Sowerby, Rogers, Aiyash, Kuppa, Stone, Whitsett, Cavanagh and Yancey introduced

House Bill No. 5439, entitled

A bill to amend 1961 PA 44, entitled “An act to provide for the release of misdemeanor prisoners by giving bond to the arresting officer in certain circumstances not inconsistent with public safety; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 780.581), as amended by 1990 PA 308.

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

 

 

Reps. LaGrand, Steven Johnson, Brann, Young, Hood, Sowerby, Rogers, Aiyash, Kuppa, Stone, Whitsett and Yancey introduced

House Bill No. 5440, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 6f to chapter V.

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

 

 

Reps. Steven Johnson, LaGrand, Brann, Young, Hood, Sowerby, Rogers, Aiyash, Kuppa, Stone, Whitsett and Yancey introduced

House Bill No. 5441, entitled

A bill to repeal 1966 PA 257, entitled “An act to provide for bail of persons arrested for or accused of criminal offenses involving traffic offenses or misdemeanors; by prescribing the conditions under which security is required; by prescribing the kind and amount of security required; by prescribing the conditions under which security may be forfeited and the manner of forfeiture; by prescribing penalties for violations; and to repeal certain acts and parts of acts,” (MCL 780.61 to 780.73).

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

 

 

Reps. Meerman, LaGrand, Steven Johnson, Brann, Young, Hood, Sowerby, Aiyash, Kuppa, Stone, Whitsett, Cavanagh and Yancey introduced

House Bill No. 5442, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 311 and 727 (MCL 257.311 and 257.727), section 311 as amended by 1983 PA 63 and section 727 as amended by 2008 PA 463; and to repeal acts and parts of acts.

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

 

 

Reps. Brann, LaGrand, Steven Johnson, Young, Hood, Sowerby, Aiyash, Kuppa, Stone, Whitsett and Yancey introduced

House Bill No. 5443, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 165 (MCL 750.165), as amended by 2014 PA 377.

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

Reps. Carra, Steven Johnson, Paquette, Reilly, Brann, LaFave and Meerman introduced

House Bill No. 5444, entitled

A bill to require testing for a fetal heartbeat before the performance of an abortion; to place certain requirements and restrictions on the performance of an abortion if a fetal heartbeat is detected; to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties and provide remedies.

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

 

 

Reps. Steven Johnson, Carra, Paquette, Reilly, Brann, LaFave and Meerman introduced

House Bill No. 5445, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2018 PA 587.

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

 

 

Reps. Cavanagh, Camilleri, Garza, Weiss, Aiyash, Hammoud, Puri, Morse, Manoogian, Pohutsky, Young, Rogers, Ellison, Scott, Brenda Carter, Haadsma, Rabhi, Hood, Cynthia Johnson, Brabec and Yancey introduced

House Bill No. 5446, entitled

A bill to facilitate access to state services by individuals with limited English proficiency; to provide for the powers and duties of certain state governmental officers and entities; to provide for biennial reports concerning equal language access; and to establish a process for submitting complaints and obtaining remedies for lack of equal language access.

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

 

 

Reps. Tate, Hornberger, Posthumus, Meerman, Manoogian, Breen, Tyrone Carter, Bolden, Rogers, Sowerby, Lasinski, Cavanagh, Scott and Stone introduced

House Bill No. 5447, entitled

A bill to amend 1929 PA 269, entitled “An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems; to provide penalties for the violation thereof; and to repeal Act No. 255 of the Public Acts of 1909,” by amending section 1 (MCL 430.51).

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

 

 

Reps. Hornberger, Tate, Posthumus, Meerman, Manoogian, Breen, Tyrone Carter, Bolden, Rogers, Sowerby, Lasinski, Cavanagh, Scott and Stone introduced

House Bill No. 5448, entitled

A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 171 (MCL 450.171), as amended by 2006 PA 420.

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

 

 

______

 

 

Rep. Filler moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Thursday, October 21, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives