No. 65

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2022

 

 

 

 

House Chamber, Lansing, Wednesday, July 20, 2022.

 

1:30 p.m.

 

The House was called to order by the Clerk.

 

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

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, June 30:

House Bill Nos.     6282   6283   6284   6285  6286   6287   6288   6289   6290  6291   6292   6293 6294       6295        6296        6297        6298        6299                               6300   6301   6302   6303  6304   6305   6306   6307   6308  6309   6310   6311 6312       6313        6314        6315        6316        6317                               6318   6319   6320   6321  6322   6323   6324   6325   6326  6327   6328   6329 6330       6331        6332        6333        6334        6335                               6336  6337

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, July 11, for her approval of the following bills:

Enrolled House Bill No. 4065 at 12:32 p.m.

Enrolled House Bill No. 4075 at 12:34 p.m.

Enrolled House Bill No. 4076 at 12:36 p.m.

Enrolled House Bill No. 4195 at 12:38 p.m.

Enrolled House Bill No. 4375 at 12:40 p.m.

Enrolled House Bill No. 4618 at 12:42 p.m.

Enrolled House Bill No. 4619 at 12:44 p.m.

Enrolled House Bill No. 4698 at 12:46 p.m.

Enrolled House Bill No. 4812 at 12:48 p.m.

Enrolled House Bill No. 5117 at 12:50 p.m.

Enrolled House Bill No. 5166 at 12:52 p.m.

Enrolled House Bill No. 5472 at 12:54 p.m.

Enrolled House Bill No. 5486 at 12:56 p.m.

Enrolled House Bill No. 5487 at 12:58 p.m.

Enrolled House Bill No. 5512 at 1:00 p.m.

Enrolled House Bill No. 5536 at 1:02 p.m.

Enrolled House Bill No. 5558 at 1:04 p.m.

Enrolled House Bill No. 5559 at 1:06 p.m.

Enrolled House Bill No. 5609 at 1:08 p.m.

Enrolled House Bill No. 5695 at 1:10 p.m.

Enrolled House Bill No. 5712 at 1:12 p.m.

Enrolled House Bill No. 5720 at 1:14 p.m.

Enrolled House Bill No. 5749 at 1:16 p.m.

Enrolled House Bill No. 6017 at 1:18 p.m.

Enrolled House Bill No. 6079 at 1:20 p.m.

Enrolled House Bill No. 5291 at 2:00 p.m.

Enrolled House Bill No. 6109 at 2:02 p.m.

Enrolled House Bill No. 6108 at 2:04 p.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, July 14, for her approval of the following bill:

Enrolled House Bill No. 5783 at 12:10 p.m.

 

 

Notices

 

 

July 5, 2022

Clerk Gary Randall

Michigan House of Representatives

Office 70 CB

Lansing, MI 48933

 

Dear Clerk Randall,

This letter is to notify you that I am making the following committee changes:

·     Appoint Representative Calley as Chair of the Committee on Rules and Competitiveness.

                                                                                       Sincerely,

                                                                                       Jason Wentworth

                                                                                       Speaker of the House

                                                                                       District 097

 

 

July 14, 2022

Clerk Gary Randall

Michigan House of Representatives

Office 70 CB

Lansing, MI 48933

 

Dear Clerk Randall,

This letter is to notify you that I am making the following committee changes:

·         Appoint Representative Harris to the Committee on Rules and Competitiveness.

                                                                                       Sincerely,

                                                                                       Jason Wentworth

                                                                                       Speaker of the House

                                                                                       District 097

 

 

July 14, 2022

Clerk Gary Randall

Michigan House of Representatives

Office 70 CB

Lansing, MI 48933

Dear Clerk Randall,

This letter is to notify you that I am making the following changes to the Legislative Council:

·     Appoint Representative Frederick as a member of the Legislative Council.

·     Appoint Representative Hall as an alternate member of the Legislative Council.

                                                                                       Sincerely,

                                                                                       Jason Wentworth

                                                                                       Speaker of the House

                                                                                       District 097

 

 

Messages from the Governor

 

 

Date: July 5, 2022

Time: 1:25 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4842 (Public Act No. 135, I.E.), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 233 (MCL 436.1233), as amended by 2020 PA 126.

(Filed with the Secretary of State on July 7, 2022, at 10:22 a.m.)

 

 

Date: July 11, 2022

Time: 8:02 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5244 (Public Act No. 138, I.E.), being

An act to amend 2020 PA 238, entitled “An act to prohibit an employer from taking certain actions against an employee who does not report to work under certain circumstances related to COVID-19; to prohibit an employee from reporting to work under certain circumstances related to COVID-19; to prohibit discrimination and retaliation for engaging in certain activities; and to provide remedies,” by amending section 10 (MCL 419.410); and to repeal acts and parts of acts.

(Filed with the Secretary of State on July 11, 2022, at 12:04 p.m.)

 

 

Date: July 11, 2022

Time: 8:04 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6215 (Public Act No. 139, I.E.), being

An act to amend 2020 PA 236, entitled “An act to provide minimum requirements for tort claims alleging exposure to COVID-19; establishing liability standards for claims alleging exposure to COVID-19; and precluding liability if conduct complies with regulations or orders,” by amending section 10 (MCL 691.1460); and to repeal acts and parts of acts.

(Filed with the Secretary of State on July 11, 2022, at 12:06 p.m.)

Date: July 11, 2022

Time: 8:06 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6128 (Public Act No. 140, I.E.), being

An act to amend 1974 PA 154, entitled “An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,” by amending section 85 (MCL 408.1085), as added by 2020 PA 237; and to repeal acts and parts of acts.

(Filed with the Secretary of State on July 11, 2022, at 12:08 p.m.)

 

 

Date: July 11, 2022

Time: 8:08 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4534 (Public Act No. 141, I.E.), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 7cc and 53b (MCL 211.7cc and 211.53b), section 7cc as amended by 2020 PA 96 and section 53b as amended by 2020 PA 206.

(Filed with the Secretary of State on July 11, 2022, at 12:10 p.m.)

 

 

Date: July 11, 2022

Time: 8:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6087 (Public Act No. 142, I.E.), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 205 (MCL 436.1205), as amended by 2020 PA 126.

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

Date: July 11, 2022

Time: 8:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5678 (Public Act No. 143, I.E.), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 217d, 803e, 803f, 803i, 803j, 803k, 803l, 803n, 803o, and 804 (MCL 257.217d, 257.803e, 257.803f, 257.803i, 257.803j, 257.803k, 257.803l, 257.803n, 257.803o, and 257.804), section 217d as amended by 2006 PA 562, section 803e as amended by 2020 PA 51, section 803f as amended by 2018 PA 681, section 803i as amended by 2011 PA 74, sections 803j, 803k, 803n, and 803o as amended by 1999 PA 183, section 803l as amended by 2000 PA 77, and section 804 as amended by 2019 PA 88.

(Filed with the Secretary of State on July 11, 2022, at 12:14 p.m.)

 

 

Date: July 19, 2022

Time: 9:28 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4618 (Public Act No. 145, I.E.), being

An act to amend 1998 PA 434, entitled “An act to provide for the setting aside and modification of certain transfers, conveyances, and obligations; to make uniform the law of fraudulent transfers; and to provide remedies,” by amending sections 1, 4, 5, and 10 (MCL 566.31, 566.34, 566.35, and 566.40), as amended by 2016 PA 552.

(Filed with the Secretary of State on July 19, 2022, at 11:50 a.m.)

 

 

Date: July 19, 2022

Time: 9:42 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5486 (Public Act No. 152, I.E.), being

An act to amend 1976 PA 331, entitled “An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,” by amending section 3 (MCL 445.903), as amended by 2021 PA 46.

(Filed with the Secretary of State on July 19, 2022, at 12:04 p.m.)

 

 

Date: July 19, 2022

Time: 9:44 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5487 (Public Act No. 153, I.E.), being

An act to amend 1976 PA 331, entitled “An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,” (MCL 445.901 to 445.922) by amending the title and by adding sections 3n and 3o.

(Filed with the Secretary of State on July 19, 2022, at 12:06 p.m.)

 

 

Date: July 19, 2022

Time: 9:46 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4619 (Public Act No. 154, I.E.), being

An act to amend 2008 PA 148, entitled “An act to exclude certain personal property held in trust from the rule against perpetuities and similar rules that potentially affect the duration of trusts,” by amending sections 2, 3, and 4 (MCL 554.92, 554.93, and 554.94), sections 2 and 3 as amended by 2012 PA 484 and section 4 as amended by 2011 PA 12.

(Filed with the Secretary of State on July 19, 2022, at 12:08 p.m.)

 

 

Date: July 19, 2022

Time: 9:48 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4698 (Public Act No. 155, I.E.), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 499.

(Filed with the Secretary of State on July 19, 2022, at 12:10 p.m.)

 

 

Date: July 19, 2022

Time: 9:50 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4812 (Public Act No. 156, I.E.), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 27 (MCL 211.27), as amended by 2019 PA 116.

(Filed with the Secretary of State on July 19, 2022, at 12:12 p.m.)

 

 

Date: July 19, 2022

Time: 9:52 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5117 (Public Act No. 157, I.E.), being

An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 3206 (MCL 700.3206), as amended by 2020 PA 246.

(Filed with the Secretary of State on July 19, 2022, at 12:14 p.m.)

 

 

Date: July 19, 2022

Time: 9:54 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5291 (Public Act No. 158, I.E.), being

An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding sections 9d and 10s.

(Filed with the Secretary of State on July 12, 2022, at 12:16 p.m.)

 

 

Date: July 19, 2022

Time: 10:00 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5695 (Public Act No. 161, I.E.), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 707 (MCL 436.1707), as amended by 2022 PA 101.

(Filed with the Secretary of State on July 19, 2022, at 12:22 p.m.)

Date: July 19, 2022

Time: 10:02 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5472 (Public Act No. 162, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2092) by adding section 105.

(Filed with the Secretary of State on July 19, 2022, at 12:24 p.m.)

 

 

Date: July 19, 2022

Time: 10:04 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5712 (Public Act No. 163, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2092) by adding section 52a.

(Filed with the Secretary of State on July 19, 2022, at 12:26 p.m.)

 

 

Date: July 19, 2022

Time: 10:06 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5720 (Public Act No. 164, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2092) by adding section 1073a.

(Filed with the Secretary of State on July 19, 2022, at 12:28 p.m.)

 

 

Date: July 19, 2022

Time: 10:08 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6079 (Public Act No. 165, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2092) by adding section 35a.

(Filed with the Secretary of State on July 19, 2022, at 12:30 p.m.)

 

 

The following message from the Governor was received July 15, 2022 and read:

 

EXECUTIVE ORDER

No. 2022-4

Unavailability of Interstate Extradition

 

Abortion has been legal in all states and territories of the United States since the U.S. Supreme Court’s 1973 decision in Roe v. Wade. For nearly 50 years, women have had the right to secure crucial, medically necessary health care—and with that right, the freedom to make decisions about their pregnancies that benefit themselves and their families.

Recently, in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court overturned Roe and held that abortion is not a fundamental right under the U.S. Constitution. A woman’s right to health care, and the protection of her bodily autonomy and economic freedom, are now subject to the whims of state legislatures and will be unevenly protected across the United States.

Michigan has a 91-year-old statute on the books that purports to criminalize the provision of abortion except when necessary to save the life of a pregnant woman, without exceptions even for rape or incest. Though it is currently enjoined, the law exemplifies the grave threats women and health-care providers face throughout the United States.

I have brought a lawsuit challenging that law. Whatever the U.S. Supreme Court says about the U.S. Constitution, the Michigan Constitution contains a right to privacy and bodily autonomy that makes the 1931 law invalid. In addition, Michigan’s Equal Protection Clause forbids discriminatory laws like the criminal abortion statute, which is premised on outdated sex-based classifications and overbroad generalizations about the role of women in the workforce and in families.

I have also taken executive action to promote access to reproductive health care. In Executive Directive 2022‑5, issued on May 25, 2022, I instructed my departments and agencies not to cooperate with or assist the authorities of any state in any investigation or proceeding against an individual for obtaining or providing, or assisting another to obtain or provide, any legal reproductive health care. I also required them to provide information on ways they could increase the protection of reproductive rights in Michigan and make more information about reproductive choice available to Michiganders. As a result, we have published new guides to give people information about available contraception and family-planning options.

But there is more work to be done. I cannot in good conscience participate in other states’ efforts to make it a crime to exercise a fundamental right or to punish health-care providers. A woman’s health, not politics, should guide life-changing medical decisions.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. The Office of the Governor will decline to assist with or effectuate the extradition of persons to or from Michigan when the charged criminal conduct is the provision of, receipt of, securing of, or assistance with reproductive health-care services, including abortion.

2. Consistent with the requirements of Article IV, Section 2, Clause 2 of the U.S Constitution, paragraph 1 does not apply when the person who is the subject of the request for arrest or surrender was physically present in the requesting state at the time of the commission of the alleged offense and thereafter fled from that state.

Given under my hand and the Great Seal of the State of Michigan.

Date:  July 13, 2022

Time: 8:00 am

                                         [SEAL]                                  GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

The following message from the Governor was received July 15, 2022 and read:

 

EXECUTIVE ORDER

No. 2022-5

Michigan Parents’ Council

Michigan Department of Education

 

Parents are their children’s first and most important teachers. As a mother who sent both of her daughters to public schools, I understand firsthand the importance of family involvement in a child’s education. When parents and schools are close partners, kids thrive. Communities across Michigan have strong formal and informal opportunities for parents, educators, and schools to work together to support kids. Opportunities to continue to engage with parents and families at the state level will help ensure every child receives an excellent education.

This year’s School Aid Act shows what public officials can achieve when they listen to parents. As I have traveled the state, parents’ consistent message has been to invest in education: invest in teachers and support staff; invest in mental health supports; and invest in school safety. With strong parental support, I have done that. This year’s budget marks the highest per-pupil state funding in Michigan history—$9,150 for every child, in every district, to help them learn in-person. It also invests additional resources for the nearly 200,000 special education students and nearly 750,000 at-risk students in Michigan.

Organizing conversations across the state to engage with families throughout the fall will only strengthen the work of state government on behalf of Michigan’s kids. These conversations will guarantee that the voices of parents and families are at the forefront in informing education policy and budget recommendations for Michigan’s next budget cycle.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 8 of article 5 of the Michigan Constitution of 1963 places each principal department of state government under the supervision of the governor unless otherwise provided.

Section 8 of article 5 of the Michigan Constitution of 1963 obligates the governor to take care that the laws be faithfully executed.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. Creating the Michigan Parents’ Council

(a) The Michigan Parents’ Council (“Council”) is created as an advisory body within the Michigan Department of Education (“Department”).

(b) The Council must include:

(1)  Seven (7) parents, guardians, or family members (“parents”) appointed by the governor representing various communities within the state and reflecting the diverse geographic, economic, racial, cultural, age, gender, and occupational composition of this state.

(2) Appointees must include parents with children in early childhood learning programs, elementary, middle, and/or high school.

(3) Appointees must represent diverse student experiences, including students with an Individualized Education Plan, who speak English as a second language, and who are in foster or kinship care.

(4) The designated representative of the Superintendent of Public Instruction (“state superintendent”) from the Michigan Department of Education.

(5) The governor’s K-12 policy advisor, or their designee.

(c) A vacancy on the Council must be filled in the same manner as the original appointment or designation.

2. Charge to the Council

(a) The Council must act in an advisory capacity to the governor and the state superintendent and must do the following:

(1) Convene regional roundtables of parents and family members to strengthen the partnerships between parents and schools and to enhance parents’ ability to support their children’s success. Roundtable discussions will cover, at a minimum, strategies and approaches for combating unfinished learning and supporting children’s mental health.

(2) Amplify common themes and ideas presented by parents at regional roundtables to inform the governor’s policy agenda and budget recommendations.

(3) Share input and feedback on education proposals and policies presented by the governor or state superintendent, or their representatives, informed by roundtable discussions.

(4) Provide other advice and take other action as requested by the governor, or her representative.

(b) The Council must submit a report to the governor highlighting major themes from the regional roundtables and summarizing education proposals for potential inclusion in the governor’s budget recommendation by December 9, 2022, or such other time as the governor directs. The Council will dissolve on March 1, 2023, or such other time as the governor directs.

3. Operations of the Council

(a) The Department must assist the Council in the performance of its duties and provide personnel to staff the counsel. Any budgeting, procurement, and related management functions must be performed under the direction and supervision of the state superintendent, or his designee.

(b) The governor must designate a chairperson of the Council.

(c) A majority of the members of the Council constitutes a quorum for the transaction of the business of the Council.

(d) The Council must adopt procedures, consistent with this order and applicable law, governing its organization and operations.

(e) The Council must meet at the call of its chairperson and as otherwise provided in the procedures adopted by the Council.

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

(g) The Council may organize itself to best serve its needs.

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

(i) The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the state superintendent deems feasible, advisable, and necessary, consistent with this order and applicable law, rules, and procedures, subject to available funding.

(j) The Council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used in accordance with law.

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

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

4. Implementation

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

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

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

(d) Executive Order 2011-7, section II(B), is amended as follows: “The Director of the Department of State Police” is hereby replaced with “The Director of the Michigan State Police, or his or her designee”; “The Director of the Department of Human Services, or his or her designee” is hereby replaced with “the Director of the Department of Health and Human Services, or his or her designee”; and “The Director of the Department of Community Health, or his or her designee” is deleted.

(e) This order is effective upon filing.

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

Date: July 15, 2022

Time: 8:00am

                                         [SEAL]                                  GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

The following message from the Governor was received July 18, 2022 and read:

 

EXECUTIVE ORDER

No. 2022-6

Declaration of State of Emergency

 

On May 12, 2022, a significant weather system moved through parts of northern Michigan, bringing thunderstorms and heavy rains that set the one-day rainfall record for the local National Weather Service office. Marquette County, including the City of Ishpeming, experienced flash flooding that caused many roads to be impassible to emergency vehicles and resulted in substantial road damage. As a result of the storm and flash flooding, Marquette County declared a local state of emergency on May 24.

Local officials took several actions to respond to the situation, including but not limited to activating the disaster or emergency response and recovery aspects of their emergency operations plans, implementing emergency protective efforts to mitigate damage to public property, and diverting traffic from affected areas. Despite local response efforts, the City of Ishpeming and Marquette County both experienced widespread damage to their road infrastructure, including approximately twenty road closures across the County due to complete or partial failure of the road surfaces. Restoring those roads to the condition that they were in before the storm has and will require a large investment from the County and its municipalities. State assistance and other outside resources are necessary to effectively respond to and recover from the effect of this emergency, to protect public health, safety, and property, and to lessen or avert the threat of more severe and lasting harm.

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

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

1. A state of emergency is declared for Marquette County.

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

3. The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than August 15, unless extended as provided by the Emergency Management Act.

Date:  July 18, 2022

Time: 9:08 am

                                         [SEAL]                                  GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

Introduction of Bills

 

 

Reps. Carra, Berman, Clements, Bellino, Maddock, Mekoski, Bezotte and LaFave introduced

House Bill No. 6338, entitled

A bill to prohibit the enforcement of certain federal laws in this state; and to provide for damages and remedies.

The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.

 

 

Reps. Carra and Outman introduced

House Bill No. 6339, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by adding section 751.

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

 

 

Reps. Brabec, Cynthia Johnson, LaGrand, Rabhi, Rogers, Aiyash, Camilleri, Puri, Stone, Neeley, Tyrone Carter, Young, Pohutsky, Yancey, Brenda Carter, Steckloff, Kuppa, Scott, O’Neal, Hope and Anthony introduced

House Bill No. 6340, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending sections 502 and 602 (MCL 4.1502 and 4.1602), as added by 2018 PA 340.

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

 

 

Reps. Brenda Carter, Howell, Hope, LaGrand, Sabo, Young, Neeley, Pohutsky, Manoogian, Brabec, Tyrone Carter, Rogers, Ellison, Steenland, Breen, Hertel, Kuppa, Koleszar, Stone, Glanville, Morse, O’Neal, Pepper, Thanedar, Green, Beson, Coleman, Rabhi, Lasinski, Puri, Hood and Weiss introduced

House Bill No. 6341, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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

Reps. Brenda Carter, Hope, LaGrand, Sabo, Cavanagh, Pohutsky, Manoogian, Brabec, Tyrone Carter, Rogers, Ellison, Steenland, Breen, Hertel, Kuppa, Koleszar, Stone, Glanville, Morse, O’Neal, Pepper, Thanedar, Puri, Hood and Weiss introduced

House Bill No. 6342, entitled

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

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

 

 

Rep. Lightner introduced

House Bill No. 6343, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2016 PA 375.

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

 

 

Rep. Lightner introduced

House Bill No. 6344, entitled

A bill to amend 1978 PA 620, entitled “Appellate defender act,” by amending the title and sections 2, 4, 6, and 7 (MCL 780.712, 780.714, 780.716, and 780.717) and by adding section 1a.

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

 

 

Rep. Lightner introduced

House Bill No. 6345, entitled

A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by 2019 PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443.

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

 

 

Reps. Shannon and Lasinski introduced

House Bill No. 6346, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 476.

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

 

 

Announcements by the Clerk

 

 

June 29, 2022

Received from Municipal Employees’ Retirement System the Annual Comprehensive Financial Report (ACFR) for the Municipal Employees’ Retirement System (MERS) of Michigan for the fiscal year ending December 31, 2021, pursuant to MCL 38.1536(2)(f) which is available on their website at www.mersofmich.com.

                                                                                       Gary L. Randall

                                                                                       Clerk of the House

 

 

July 8, 2022

Received from the Auditor General a copy of the:

·         Performance audit on Software License Management, Department of Technology, Management, and Budget (071-0527-22), July 2022.

                                                                               Gary L. Randall

                                                                               Clerk of the House

 

 

July 12, 2022

Received from Michigan Supreme Court, State Court Administrative Office the 2021 Community Dispute Resolution Program (CDRP) Annual Report, in compliance with 1988 PA 260.

                                                                               Gary L. Randall

                                                                               Clerk of the House

The Clerk declared the House adjourned until Wednesday, August 17, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives