No. 83

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2022

 

 

 

 

House Chamber, Lansing, Wednesday, November 30, 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 and joint resolution had been reproduced and made available electronically on Tuesday, November 29:

House Bill Nos.     6499   6500   6501   6502  6503   6504   6505   6506   6507  6508   6509   6510 6511       6512        6513        6514        6515        6516                               6517   6518   6519   6520  6521   6522   6523   6524   6525  6526   6527   6528 6529       6530        6531

House Joint Resolution       Y

Senate Bill Nos.    1225   1226   1227   1228  1229   1230   1231   1232  1233

 

The Clerk announced that the following Senate bills had been received on Tuesday, November 29:

Senate Bill Nos.    1151   1169   1203   1208  1221   1222   1223  1224

 

The Clerk announced that the following Senate bills had been received on Wednesday, November 30:

Senate Bill Nos.      104    223    224    225    226    227    783   1084  1207

 

 

Messages from the Senate

 

 

House Bill No. 5248, 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 2021 PA 113.

The Senate has passed the bill.

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

 

 

House Bill No. 6039, entitled

A bill to amend 2000 PA 258, entitled “Career and technical preparation act,” by amending section 5 (MCL 388.1905).

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. 6040, entitled

A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending section 5 (MCL 388.515).

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. 6358, entitled

A bill to authorize the department of technology, management, and budget to transfer state-owned property in Ionia County; to authorize the state administrative board to convey a parcel of state-owned property in Kent County; to prescribe conditions for the transfer or conveyance; to provide for the powers and duties of state departments and agencies in regard to the property; and to provide for the disposition of revenue.

The Senate has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 6369, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 606b (MCL 257.606b), as added by 2016 PA 332.

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. 6377, entitled

A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; to create the county veteran service fund and to provide for contributions to and expenditures from that fund; and to transfer the powers and duties of the soldiers’ relief commission in those counties,” by amending section 3a (MCL 35.623a), as amended by 2021 PA 34.

The Senate has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4263, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2018 PA 512.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 41 (MCL 38.1341), as amended by 2022 PA 220.

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

 

 

House Bill No. 4264, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 7, 20g, 38, 49, and 68b (MCL 38.7, 38.20g, 38.38, 38.49, and 38.68b), section 20g as amended by 1987 PA 241, section 38 as amended and section 68b as added by 2011 PA 264, and section 49 as amended by 2018 PA 336.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect 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.

 

 

House Bill No. 4265, entitled

A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending sections 301, 305, 509, 604, 714, and 719 (MCL 38.2301, 38.2305, 38.2509, 38.2604, 38.2664, and 38.2669), sections 305 and 714 as amended by 2002 PA 95, section 604 as amended by 2018 PA 335, and section 719 as added by 1996 PA 523, and by adding sections 509a and 714a.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5) 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.

 

 

House Bill No. 4266, entitled

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending sections 11 and 14 (MCL 38.1611 and 38.1614), as amended by 2018 PA 674.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect 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.

 

 

House Bill No. 5839, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending section 7 (MCL 333.27957).

The Senate has substituted (S-3) the bill.

The Senate has passed the bill by a 3/4 vote as substituted (S-3), ordered that it be given immediate effect 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.

 

 

House Bill No. 5871, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending sections 502 and 504 (MCL 333.27502 and 333.27504), section 502 as amended by 2018 PA 648 and section 504 as amended by 2018 PA 10.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 2016 PA 281, entitled “An act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to allow certain licensees to process, test, or sell industrial hemp; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in certain activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules,” by amending sections 402 as amended by 2021 PA 161, sections 501 and 504 as amended by 2018 PA 10, and section 502 as amended by 2018 PA 648.

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

 

 

House Bill No. 5965, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 102 (MCL 333.27102), as amended by 2021 PA 57.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect 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. 104, entitled

A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending the title and sections 3 and 4 (MCL 32.433 and 32.434), section 3 as amended by 2016 PA 531.

The Senate has passed the bill.

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

 

 

Senate Bill No. 223, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1508 and 1526b.

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. 224, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90 (MCL 750.90).

The Senate has passed the bill.

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

 

 

Senate Bill No. 225, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

The Senate has passed the bill.

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

 

 

Senate Bill No. 226, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16279 and 16279a.

The Senate has passed the bill.

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

 

 

Senate Bill No. 227, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA 583.

The Senate has passed the bill.

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

Senate Bill No. 783, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 520, 522, and 524 (MCL 206.520, 206.522, and 206.524), sections 520 and 522 as amended by 2015 PA 179 and section 524 as amended by 1987 PA 254, and by adding section 521.

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. 1084, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

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. 1151, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title and section 219 (MCL 257.219), the title as amended by 2016 PA 32 and section 219 as amended by 2018 PA 74, and by adding sections 820a, 820b, and 820c.

The Senate has passed the bill.

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

 

 

Senate Bill No. 1169, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21102a (MCL 324.21102a), as added by 2022 PA 160, and by adding section 21102b.

The Senate has passed the bill.

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

 

 

Senate Bill No. 1203, entitled

A bill to amend 2016 PA 345, entitled “Limousine, taxicab, and transportation network company act,” by amending section 4 (MCL 257.2104), as amended by 2019 PA 72.

The Senate has passed the bill.

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

 

 

Senate Bill No. 1207, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2015 PA 1.

The Senate has passed the bill.

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

 

 

Senate Bill No. 1208, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 5a (MCL 28.725a), as amended by 2020 PA 295.

The Senate has passed the bill.

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

 

 

Senate Bill No. 1221, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2014 PA 27.

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. 1222, entitled

A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 5, 17, and 23 (MCL 141.1355, 141.1367, and 141.1373), section 5 as amended by 2009 PA 63.

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. 1223, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 9, 10, 11, 12, and 20 (MCL 207.623, 207.629, 207.630, 207.631, 207.632, and 207.640), sections 3, 9, and 12 as amended by 2009 PA 61, section 10 as amended by 2020 PA 205, section 11 as amended by 2002 PA 237, and section 20 as amended by 2008 PA 553.

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. 1224, entitled

A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10b, 10c, 10e, 10f, 10g, 10h, 10j, 10k, and 10l (MCL 125.990, 125.990b, 125.990c, 125.990e, 125.990f, 125.990g, 125.990h, 125.990j, 125.990k, and 125.990l), as amended by 2020 PA 91.

The Senate has passed the bill.

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

 

 

Introduction of Bills

 

 

Rep. Rabhi introduced

House Bill No. 6532, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 623, and 695 (MCL 206.30, 206.623, and 206.695), section 30 as amended by 2022 PA 5, section 623 as amended by 2021 PA 135, and section 695 as added by 2011 PA 38.

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

 

 

Rep. Rabhi introduced

House Bill No. 6533, entitled

A bill to regulate homeowners’ associations.

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

 

 

Rep. Rabhi introduced

House Bill No. 6534, entitled

A bill to invalidate provisions in certain homeowners’ association agreements requiring association approval for the replacement, maintenance, installation, or operation of energy-saving improvements and modifications or renewable energy generating systems; and to prohibit local units of government from requiring such homeowners’ association approval.

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

 

 

Rep. Rabhi introduced

House Bill No. 6535, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending sections 6, 10, and 47 (MCL 559.106, 559.110, and 559.147), sections 6 and 10 as amended by 2000 PA 379 and section 47 as amended by 1987 PA 31, and by adding section 47b.

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

 

 

Rep. Rabhi introduced

House Bill No. 6536, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 14701 (MCL 324.14701), as added by 2020 PA 132, and by adding section 14707 to subpart 1 of part 147.

The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.

Rep. Rabhi introduced

House Bill No. 6537, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310e.

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

 

 

Reps. Rabhi, Cynthia Johnson, Aiyash, Stone, Markkanen, Cavanagh, Steven Johnson, Rogers and Yancey introduced

House Bill No. 6538, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 6a (MCL 460.6a), as amended by 2016 PA 341.

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

 

 

Reps. Rabhi, Cynthia Johnson, Stone, Aiyash, Markkanen, Cavanagh, Steven Johnson, Rogers and Yancey introduced

House Bill No. 6539, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending section 7 (MCL 460.1007), as amended by 2016 PA 342.

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

 

 

Rep. Rabhi introduced

House Bill No. 6540, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending sections 5, 7, 9, 13, 173, 175, 177, and 179 (MCL 460.1005, 460.1007, 460.1009, 460.1013, 460.1173, 460.1175, 460.1177, and 460.1179), as amended by 2016 PA 342; and to repeal acts and parts of acts.

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

 

 

Rep. Rabhi introduced

House Joint Resolution Z, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by repealing section 26 of article I, to permit affirmative action programs.

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

 

 

______

 

 

The Clerk declared the House adjourned until Thursday, December 1, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives