No. 88

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Tuesday, October 26, 2021.

 

1:30 p.m.

 

The House was called to order by Associate Speaker Pro Tempore Lightner.

 

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—present        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—present            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. Jeff Yaroch, from the 33rd District, offered the following invocation:

 

“Please bless our elected officials. Grant them the wisdom to know and the courage to do what is right for all citizens. Amen.”

 

 

______

 

 

Rep. Rabhi moved that Reps. Jones and Neeley be excused from today’s session.

The motion prevailed.

 

Rep. Frederick moved that Rep. Marino be excused from 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 Thursday, October 21:

House Bill Nos.     5449   5450   5451   5452  5453   5454   5455   5456   5457  5458   5459   5460 5461       5462        5463        5464        5465        5466                               5467   5468   5469   5470  5471   5472   5473   5474   5475  5476   5477   5478 5479       5480

 

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 26, for her approval of the following bills:

Enrolled House Bill No. 4700 at 9:44 a.m.

Enrolled House Bill No. 4739 at 9:46 a.m.

Enrolled House Bill No. 4832 at 9:48 a.m.

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, October 26:

Senate Bill Nos.      702    703    704    705

 

The Clerk announced that the following Senate bills had been received on Tuesday, October 26:

Senate Bill Nos.      103    153    600    601    602    603

 

 

Reports of Standing Committees

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4033, entitled

A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending sections 1a and 3a (MCL 800.281a and 800.283a), section 1a as amended by 1998 PA 514 and section 3a as amended by 2012 PA 255.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Bolden and Breen

Nays: None

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4034, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 552b (MCL 750.552b), as added by 1996 PA 232.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand and Bolden

Nays: None

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4427, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and section 2 (MCL 722.642), as amended by 2019 PA 18.

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. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden and Breen

Nays: None

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4703, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50b (MCL 750.50b), as amended by 2018 PA 452.

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

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden and Breen

Nays: Rep. Steven Johnson

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4704, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50 (MCL 750.50), as amended by 2019 PA 135.

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

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden and Breen

Nays: Rep. Steven Johnson

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4799, entitled

A bill to enact the uniform assignment of rents act; to provide for the creation, perfection, and enforcement of security interests in rents; to provide remedies; and to repeal acts and parts of acts.

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

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Kahle, Rendon, Clements, LaGrand, Yancey, Bolden and Breen

Nays: Rep. Steven Johnson

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4800, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3204 (MCL 600.3204), as amended by 2018 PA 15.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Kahle, Rendon, Clements, LaGrand, Yancey, Bolden and Breen

Nays: Rep. Steven Johnson

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

House Bill No. 4880, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden and Breen

Nays: Rep. Steven Johnson

 

 

The Committee on Judiciary, by Rep. Filler, Chair, reported

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.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden and Breen

Nays: None

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, October 26, 2021

Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden and Breen

Absent: Rep. Hope

Excused: Rep. Hope

 

 

The Committee on Education, by Rep. Hornberger, Chair, reported

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).

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone

Nays: None

 

 

The Committee on Education, by Rep. Hornberger, Chair, reported

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.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, October 26, 2021

Present: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 4981, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 11 (MCL 432.11), as amended by 2012 PA 293, and by adding section 11a.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose and Outman

Nays: Reps. Hertel, Garza, Witwer, Steenland and Young

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5294, entitled

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

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young

Nays: Rep. Hoitenga

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5300, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending sections 102, 201, 501, 502, 503, and 505 (MCL 333.27102, 333.27201, 333.27501, 333.27502, 333.27503, and 333.27505), section 102 as amended by 2021 PA 57, sections 201, 501, and 503 as amended by 2018 PA 10, and sections 502 and 505 as amended by 2018 PA 648.

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

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Outman, Hertel, Witwer and Steenland

Nays: Reps. Damoose and Garza

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5301, entitled

A bill to amend 2008 IL 1, entitled “Michigan Medical Marihuana Act,” by amending the title and sections 3, 4, 4b, 5, 6, 7, and 8 (MCL 333.26423, 333.26424, 333.26424b, 333.26425, 333.26426, 333.26427, and 333.26428), the title and section 4 as amended and section 4b as added by 2016 PA 283, section 3 as amended by 2021 PA 62, section 6 as amended by 2020 PA 400, section 7 as amended by 2016 PA 546, and section 8 as amended by 2012 PA 512, and by adding section 4c.

With the recommendation that the substitute (H-4) 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. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Outman, Hertel, Witwer and Steenland

Nays: Reps. Damoose and Garza

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5302, entitled

A bill to amend 2016 PA 282, entitled “Marihuana tracking act,” by amending sections 2 and 3 (MCL 333.27902 and 333.27903), section 2 as amended by 2021 PA 59.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Outman, Hertel, Witwer and Steenland

Nays: Reps. Damoose and Garza

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5319, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ii.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Outman, Hertel, Witwer and Steenland

Nays: Reps. Damoose and Garza

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5320, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7214 (MCL 333.7214), as amended by 2018 PA 107.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Outman, Hertel, Witwer and Steenland

Nays: Reps. Damoose and Garza

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5321, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ii.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Outman, Hertel, Witwer and Steenland

Nays: Reps. Damoose and Garza

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

Senate Bill No. 230, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 233 and 525 (MCL 436.1233 and 436.1525), section 233 as amended by 2020 PA 126 and section 525 as amended by 2016 PA 434.

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. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hauck, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, October 26, 2021

Present: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, reported

House Bill No. 4973, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 7 of chapter X (MCL 230.7).

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Tuesday, October 26, 2021

Present: Reps. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri

 

 

The Committee on Families, Children, and Seniors, by Rep. Wakeman, Chair, reported

Senate Bill No. 213, entitled

A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6i (MCL 400.586i), as added by 1987 PA 35.

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

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Wakeman, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Tuesday, October 26, 2021

Present: Reps. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

 

 

The Committee on Military, Veterans and Homeland Security, by Rep. LaFave, Chair, reported

House Resolution No. 177.

A resolution to demand that President Biden and the United States Congress provide no support to the Taliban, either direct or indirect, including but not limited to aid.

(For text of resolution, see House Journal No. 80, p. 1870.)

With the recommendation that the resolution be adopted.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. LaFave, Beeler, Eisen, Bezotte, Martin, Coleman and Steenland

Nays: Reps. Rogers and Anthony

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. LaFave, Chair, of the Committee on Military, Veterans and Homeland Security, was received and read:

Meeting held on: Tuesday, October 26, 2021

Present: Reps. LaFave, Beeler, Eisen, Bezotte, Martin, Rogers, Anthony, Coleman and Steenland

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Bollin, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Tuesday, October 26, 2021

Present: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett

 

 

Messages from the Senate

 

 

House Bill No. 4207, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1108 (MCL 339.1108), as amended by 2014 PA 136.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4485, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 7 (MCL 205.427), as amended by 2016 PA 86.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5267, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 4a and 25 (MCL 205.54a and 205.75), section 4a as amended by 2018 PA 673 and section 25 as amended by 2021 PA 38.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 5404, entitled

A bill to establish a student opportunity scholarship program for eligible students; to provide for the certification of scholarship-granting organizations; to provide for student opportunity scholarship accounts; to prescribe conditions for use of the funds in the scholarship accounts; to provide for the administration of the student opportunity scholarship program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to allow certain tax credits and deductions.

The Senate has passed the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 5405, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65, and by adding sections 279 and 679.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4059, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109n.

The Senate has amended the bill as follows:

1. Amend page 1, line 1, after “109n.” by inserting “(1)”.

2. Amend page 1, line 1, after “109n.” by striking out “A” and inserting “If the initial evaluation was completed by a qualified licensed practitioner, a”.

3. Amend page 1, following line 4, by inserting:

“(2) As used in this section, “qualified licensed practitioner” means 1 of the following:

(a) A physician with a specialty in psychiatry or neurology.

(b) A physician with a subspecialty in developmental pediatrics, development-behavioral pediatrics, or a related discipline.

(c) A physician with a specialty in pediatrics or other appropriate specialty with training, experience, or expertise in autism spectrum disorder or behavioral health.

(d) A psychologist with a specialty in clinical child psychology, behavioral and cognitive psychology, or clinical neuropsychology, or other appropriate specialty with training, experience, or expertise in autism spectrum disorder or behavioral health.

(e) A clinical social worker with at least 1 year of experience working within his or her scope of practice who is qualified and experienced in diagnosing autism spectrum disorder.

(f) An advanced practice registered nurse with training, experience, or expertise in autism spectrum disorder or behavioral health.

(g) A physician’s assistant with training, experience, or expertise in autism spectrum disorder or behavioral health.”.

The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

 

 

Senate Bill No. 103, entitled

A bill to provide for the rights of certain electric transmission line owners; to impose certain requirements on certain electric transmission line owners; and to provide for the powers and duties of certain state agencies.

The Senate has passed the bill.

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

Senate Bill No. 153, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 4 and 21 (MCL 205.94 and 205.111), section 4 as amended by 2018 PA 679 and section 21 as amended by 2020 PA 30.

The Senate has passed the bill.

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

 

 

Senate Bill No. 600, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121, and by adding sections 1177b and 1177c.

The Senate has passed the bill.

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

 

 

Senate Bill No. 601, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1136a and 1136b.

The Senate has passed the bill.

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

 

 

Senate Bill No. 602, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5111a.

The Senate has passed the bill.

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

 

 

Senate Bill No. 603, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.

The Senate has passed the bill.

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

 

 

Introduction of Bills

 

 

Rep. Clements introduced

House Bill No. 5481, entitled

A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending the title and section 11 (MCL 28.611), the title as amended by 1998 PA 237 and section 11 as amended by 2017 PA 198, and by adding section 11a.

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

 

 

______

 

 

The Speaker Pro Tempore assumed the Chair.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 4410, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2021 and September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

(The bill was received from the Senate on June 30, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 1, see House Journal No. 63, p. 1305.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

 

Rep. Frederick moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Frederick moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 686.

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

The bill was placed on the order of Second Reading of Bills.

 

 

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Frederick moved that the Committee on Education be discharged from further consideration of Senate Bill No. 687.

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

The bill was placed on the order of Second Reading of Bills.

 

 

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Frederick moved that the Committee on Education be discharged from further consideration of Senate Bill No. 688.

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

The bill was placed on the order of Second Reading of Bills.

 

 

Second Reading of Bills

 

 

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 bill was read a second time.

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

The motion prevailed.

 

 

Senate Bill No. 687, entitled

A bill to establish a student opportunity scholarship program for eligible students; to provide for the certification of scholarship-granting organizations; to provide for student opportunity scholarship accounts; to prescribe conditions for use of the funds in the scholarship accounts; to provide for the administration of the student opportunity scholarship program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to allow certain tax credits and deductions.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 688, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65, and by adding sections 279 and 679.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4693, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2512b (MCL 339.2512b), as added by 1981 PA 83.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4997, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 638a.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4998, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 638 (MCL 257.638).

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4281, entitled

A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2020 PA 64.

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

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

Rep. Garza 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. Stone, Aiyash, Damoose, Haadsma, Cynthia Johnson, Kuppa, Morse, Sneller, Thanedar, Witwer and Young offered the following resolution:

House Resolution No. 187.

A resolution to declare October 23-31, 2021, as Red Ribbon Week in the state of Michigan.

Whereas, Alcohol and drug abuse affect individuals, families, and communities across the nation; and

Whereas, It is imperative that visible unified efforts by community members be launched to prevent drug abuse; and

Whereas, Red Ribbon Week offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and

Whereas, Red Ribbon Week will be celebrated in communities across the nation on October 23-31; and

Whereas, Businesses, government, law enforcement, media, health care, providers, religious institutions, schools, and other community-based organizations will demonstrate their commitment to healthy drug-free lifestyles by wearing red ribbons and participating in drug prevention activities; and

Whereas, The state of Michigan further commits its resources to ensure the success of Red Ribbon Week; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 23‑31, 2021, as Red Ribbon Week in the state of Michigan. We encourage participation in drug prevention education activities, not only during Red Ribbon Week, but also throughout the year, to make a visible statement of strong commitment to a drug-free lifestyle.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 4364, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), as amended by 2020 PA 93.

(The bill was received from the Senate on October 7, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 12, see House Journal No. 81, p. 1883.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 493                                   Yeas—106

 

 

Aiyash                              Coleman                  Kuppa                                    Roth

Albert                                Damoose                 LaFave                                   Sabo

Alexander                          Eisen                       LaGrand                                Scott

Allor                                 Ellison                     Lasinski                                 Shannon

Anthony                            Farrington                Liberati                                  Slagh

Beeler                                Filler                        Lightner                                 Sneller

Bellino                              Fink                         Lilly                                       Sowerby

Berman                             Frederick                 Maddock                                Steckloff

Beson                                Garza                       Manoogian                             Steenland

Bezotte                              Glenn                      Markkanen                             Stone

Bolden                              Green                      Martin                                    Tate

Bollin                                Griffin                     Meerman                               Thanedar

Borton                               Haadsma                 Morse                                    Tisdel

Brabec                               Hall                         Mueller                                  VanSingel

Brann                                Hammoud                O’Malley                               VanWoerkom

Breen                                Hauck                      O’Neal                                   Wakeman

Brixie                                Hertel                      Outman                                  Weiss

Calley                                Hoitenga                  Paquette                                 Wendzel

Cambensy                         Hood                       Peterson                                 Wentworth

Camilleri                           Hope                       Pohutsky                                Whiteford

Carra                                 Hornberger              Posthumus                             Whitsett

Carter, B                            Howell                     Puri                                        Witwer

Carter, T                            Huizenga                 Rabhi                                     Wozniak

Cavanagh                          Johnson, C               Reilly                                     Yancey

Cherry                               Johnson, S               Rendon                                  Yaroch

Clemente                           Kahle                       Rogers                                   Young

Clements                           Koleszar                                                               

 

 

                                                               Nays—0

 

 

In The Chair: Hornberger

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. Rabhi moved that Rep. Garza be excused temporarily from today’s session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4365, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2020 PA 306.

(The bill was received from the Senate on October 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 12, see House Journal No. 81, p. 1883.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 494                                   Yeas—105

 

 

Aiyash                              Coleman                  Kuppa                                    Roth

Albert                                Damoose                 LaFave                                   Sabo

Alexander                          Eisen                       LaGrand                                Scott

Allor                                 Ellison                     Lasinski                                 Shannon

Anthony                            Farrington                Liberati                                  Slagh

Beeler                                Filler                        Lightner                                 Sneller

Bellino                              Fink                         Lilly                                       Sowerby

Berman                             Frederick                 Maddock                                Steckloff

Beson                                Glenn                      Manoogian                             Steenland

Bezotte                              Green                      Markkanen                             Stone

Bolden                              Griffin                     Martin                                    Tate

Bollin                                Haadsma                 Meerman                               Thanedar

Borton                               Hall                         Morse                                    Tisdel

Brabec                               Hammoud                Mueller                                  VanSingel

Brann                                Hauck                      O’Malley                               VanWoerkom

Breen                                Hertel                      O’Neal                                   Wakeman

Brixie                                Hoitenga                  Outman                                  Weiss

Calley                                Hood                       Paquette                                 Wendzel

Cambensy                         Hope                       Peterson                                 Wentworth

Camilleri                           Hornberger              Pohutsky                                Whiteford

Carra                                 Howell                     Posthumus                             Whitsett

Carter, B                            Huizenga                 Puri                                        Witwer

Carter, T                            Johnson, C               Rabhi                                     Wozniak

Cavanagh                          Johnson, S               Reilly                                     Yancey

Cherry                               Kahle                       Rendon                                  Yaroch

Clemente                           Koleszar                  Rogers                                   Young

Clements                                                                                                        

 

 

                                                               Nays—0

 

 

In The Chair: Hornberger

 

 

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. Rabhi moved that Rep. Tyrone Carter be excused temporarily from today’s session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4295, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 402 (MCL 333.27402), as amended by 2018 PA 582.

(The bill was received from the Senate on October 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 14, see House Journal No. 83, p. 1899.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 495                                    Yeas—97

 

 

Aiyash                              Damoose                 Lasinski                                 Sabo

Albert                                Eisen                       Liberati                                  Scott

Alexander                          Ellison                     Lightner                                 Shannon

Anthony                            Farrington                Lilly                                       Slagh

Bellino                              Filler                        Maddock                                Sneller

Berman                             Frederick                 Manoogian                             Sowerby

Beson                                Glenn                      Markkanen                             Steckloff

Bezotte                              Green                      Martin                                    Steenland

Bolden                              Griffin                     Meerman                               Tate

Bollin                                Haadsma                 Morse                                    Thanedar

Borton                               Hall                         Mueller                                  Tisdel

Brabec                               Hammoud                O’Malley                               VanSingel

Brann                                Hauck                      O’Neal                                   VanWoerkom

Breen                                Hertel                      Outman                                  Wakeman

Brixie                                Hoitenga                  Paquette                                 Weiss

Calley                                Hood                       Peterson                                 Wendzel

Cambensy                         Hope                       Pohutsky                                Wentworth

Camilleri                           Huizenga                 Posthumus                             Whiteford

Carra                                 Johnson, C               Puri                                        Whitsett

Carter, B                            Johnson, S               Rabhi                                     Witwer

Cavanagh                          Kahle                       Reilly                                     Wozniak

Cherry                               Koleszar                  Rendon                                  Yancey

Clemente                           LaFave                    Rogers                                   Yaroch

Clements                           LaGrand                  Roth                                       Young

Coleman                                                                                                        

 

 

                                                               Nays—7

 

 

Allor                                 Fink                         Howell                                   Stone

Beeler                                Hornberger              Kuppa                                   

 

 

In The Chair: Hornberger

 

 

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. Rabhi moved that Rep. Brenda Carter be excused temporarily from today’s session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4066, entitled

A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, manufacturing, or use of knives or components of knives.

(The bill was received from the Senate on October 19, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until October 20, see House Journal No. 85, p. 1931.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 496                                    Yeas—66

 

 

Albert                                Damoose                 Kahle                                     Rendon

Alexander                          Eisen                       LaFave                                   Roth

Allor                                 Farrington                LaGrand                                Slagh

Beeler                                Filler                        Lasinski                                 Sneller

Bellino                              Fink                         Lightner                                 Tisdel

Berman                             Frederick                 Lilly                                       VanSingel

Beson                                Glenn                      Maddock                                VanWoerkom

Bezotte                              Green                      Markkanen                             Wakeman

Bollin                                Griffin                     Martin                                    Wendzel

Borton                               Haadsma                 Meerman                               Wentworth

Brann                                Hall                         Mueller                                  Whiteford

Calley                                Hauck                      O’Malley                               Whitsett

Cambensy                         Hoitenga                  Outman                                  Witwer

Carra                                 Hornberger              Paquette                                 Wozniak

Carter, T                            Howell                     Posthumus                             Yancey

Clements                           Huizenga                 Reilly                                     Yaroch

Coleman                            Johnson, S                                                            

 

 

                                                              Nays—38

 

 

Aiyash                              Ellison                     Morse                                    Shannon

Anthony                            Hammoud                O’Neal                                   Sowerby

Bolden                              Hertel                      Peterson                                 Steckloff

Brabec                               Hood                       Pohutsky                                Steenland

Breen                                Hope                       Puri                                        Stone

Brixie                                Johnson, C               Rabhi                                     Tate

Camilleri                           Koleszar                  Rogers                                   Thanedar

Cavanagh                          Kuppa                     Sabo                                      Weiss

Cherry                               Liberati                    Scott                                      Young

Clemente                           Manoogian                                                           

 

 

In The Chair: Hornberger

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Rep. Frederick moved that when the House adjourns today it stand adjourned until Wednesday, October 27, at 12:01 a.m.

The motion prevailed.

 

 

______

 

 

Rep. Farrington moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, October 27, at 12:01 a.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives