No. 43

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Wednesday, May 20, 2020.

 

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, May 19:

House Bill Nos.     5770   5771   5772   5773  5774   5775   5776   5777   5778  5779   5780   5781 5782       5783        5784        5785        5786        5787                               5788   5789  5790

House Joint Resolution        R

 

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

Senate Bill Nos.      926    927    928    929    930    931    932    933

 

The Clerk announced that the following Senate bill had been received on Wednesday, May 20:

Senate Bill No.       630

 

 

Reports of Standing Committees

 

 

The Committee on Oversight, by Rep. Hall, Chair, referred

Senate Bill No. 686, entitled

A bill to prohibit a state department or agency or a member or office of the senate or house of representatives from taking disciplinary action against certain state employees for communicating with certain individuals in the legislative branch.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Hall, Reilly, Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand

Nays: None

The bill was referred to the Committee on Ways and Means.

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 19, 2020

Present: Reps. Hall, Reilly, Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand

 

 

Messages from the Senate

 

 

Senate Bill No. 630, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16111, 16333, 17705, 17706, 17707, 17709, 17722, 17742, 17748, 17767, and 17768 (MCL 333.16111, 333.16333, 333.17705, 333.17706, 333.17707, 333.17709, 333.17722, 333.17742, 333.17748, 333.17767, and 333.17768), section 16111 as amended by 2006 PA 392, section 16333 as amended by 2014 PA 285, section 17705 as amended by 1986 PA 304, section 17706 as amended by 2014 PA 280, sections 17707, 17709, 17722, 17742, 17748, and 17768 as amended by 2020 PA 4, and section 17767 as amended by 1993 PA 79, and by adding sections 17748e and 17748f.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

The following message from the Governor was received May 19, 2020 and read:

 

EXECUTIVE ORDER

 

No. 2020-94

 

Declaration of State of Emergency

 

Over the past several days parts of Michigan have experienced heavy rainfall. As a result, the Edenville and Sanford Dam structures along the Tittabawassee River in the county of Midland have failed. Residents in Edenville, the village of Sanford, and parts of the city of Midland, among other areas, are evacuating in the face of a rising surge.

In response, the city of Midland and the county of Midland have taken several actions that include declaring a local state of emergency; activating disaster response and recovery operations; evacuating and providing shelter to affected residents; and issuing emergency public information. The assistance of voluntary organizations and the state are required to protect public health, safety, and property, and to lessen or avert more severe and lasting harm to the community.

Despite these measures, local resources are insufficient to respond to the extreme flooding under the current conditions. State assistance and other outside resources are necessary to effectively respond to, and recover from, the impacts of flooding.

Under the Emergency Management Act, 1976 PA 390, 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, MCL 30.401 to 30.421, I order the following:

        1.  A state of emergency is declared for the city of Midland and the county of Midland.

        2.  Any emergency order issued in response to the COVID-19 crisis is temporarily suspended to the extent such order impedes the emergency response effort under this declaration.

        3.  The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and augment 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.

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 June 16, 2020, unless extended as provided by 1976 Public Act 390, as amended.

Date:  May 19, 2020

Time: 9:50 pm

                                         [SEAL]                                   GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor

                                                                                       JOCELYN BENSON

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

Introduction of Bills

 

 

Rep. Brann introduced

House Bill No. 5791, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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

 

 

Reps. LaFave and Markkanen introduced

House Bill No. 5792, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 111 (MCL 436.1111), as amended by 2018 PA 415.

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

 

 

Reps. Camilleri and Hammoud introduced

House Bill No. 5793, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2018 PA 211.

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

 

 

Reps. Hammoud and Camilleri introduced

House Bill No. 5794, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 4 (MCL 445.904), as amended by 2014 PA 251.

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

 

 

Reps. Filler and Elder introduced

House Bill No. 5795, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2502 (MCL 700.2502) and by adding section 2504a.

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

 

 

Reps. Hood, Pohutsky, Rabhi, Kennedy, Stone, Sowerby, Yaroch, Brixie, Shannon, Manoogian, Ellison, Chirkun, Sneller, Cherry, Hammoud, Wozniak and Love introduced

House Bill No. 5796, entitled

A bill to prohibit the sale, offering for sale, and distribution for sale of certain disposable wipes without do not flush labeling; to prescribe the powers and duties of certain state officers and entities; to provide for penalties and civil fines; and to provide for the promulgation of rules.

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

Reps. Manoogian, Hood, Pohutsky, Kennedy, Stone, Kuppa, Shannon, Ellison, Chirkun, Sneller, Cherry and Hammoud introduced

House Bill No. 5797, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 35 (MCL 408.1035), as amended by 1991 PA 105.

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

 

 

Reps. Kennedy, Hood, Pohutsky, Stone, Kuppa, Shannon, Manoogian, Ellison, Chirkun, Sneller, Cherry and Hammoud introduced

House Bill No. 5798, entitled

A bill to require employers to post information concerning coronavirus testing sites; and to prohibit certain acts and provide sanctions.

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

 

 

Reps. Hood, Ellison, Cynthia Johnson, Garrett, Elder, Kuppa, Peterson, Warren, Stone, Chirkun, Sneller, Kennedy, Cherry and Hammoud introduced

House Bill No. 5799, entitled

A bill to prohibit an employer from taking certain actions against employees who engage in certain activities during a declared emergency related to coronavirus disease 2019 (COVID-19); to prohibit discrimination and retaliation for engaging in certain activities; and to provide remedies.

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

 

 

Reps. Stone, Hood, Pohutsky, Kennedy, Kuppa, Shannon, Manoogian, Ellison, Chirkun, Sneller, Cherry and Hammoud introduced

House Bill No. 5800, entitled

A bill to prohibit an employer from retaliating against an employee who engages in certain activities that address the employer’s response to or management of coronavirus; and to provide remedies.

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

 

 

Reps. Cherry, Hoadley, Hood, Pohutsky, Rabhi, Kennedy, Kuppa, Stone, Sowerby, Brixie, Shannon, Manoogian, Ellison, Chirkun, Sneller and Hammoud introduced

House Bill No. 5801, entitled

A bill to amend 2018 PA 337, entitled “Improved workforce opportunity wage act,” by amending section 2 (MCL 408.932) and by adding section 4e.

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

 

 

Reps. Mueller, Filler, Bolden, Berman and Howell introduced

House Bill No. 5802, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 317, 904, and 907 (MCL 257.317, 257.904, and 257.907), section 317 as amended by 2018 PA 566, section 904 as amended by 2018 PA 212, and section 907 as amended by 2015 PA 126.

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

 

 

Reps. Bolden, Filler, Mueller, Berman and Howell introduced

House Bill No. 5803, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter IX (MCL 769.16a), as amended by 2008 PA 508.

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

 

 

Reps. Howell, Filler, Mueller, Bolden and Berman introduced

House Bill No. 5804, entitled

A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 3 (MCL 28.243), as amended by 2018 PA 67.

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

 

 

Reps. Berman, Wozniak, Yaroch, Elder and Warren introduced

House Bill No. 5805, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2017 PA 2, and by adding section 12 to chapter III.

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

 

 

Reps. Berman and Warren introduced

House Bill No. 5806, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1985 and 1991 (MCL 600.1985 and 600.1991), section 1985 as added by 2015 PA 230 and section 1991 as added by 2015 PA 233, and by adding section 1991a.

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

 

 

Reps. Rabhi, Hoadley, Hood, Pohutsky, Kennedy, Kuppa, Sowerby, Brixie, Shannon, Manoogian, Ellison, Chirkun, Cherry and Love introduced

House Bill No. 5807, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 759a, 764a, and 765 (MCL 168.759a, 168.764a, and 168.765), section 759a as amended by 2012 PA 523, section 764a as amended by 2012 PA 128, and section 765 as amended by 2018 PA 603.

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

 

 

Rep. Wozniak introduced

House Bill No. 5808, 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.

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

 

 

Rep. Wozniak introduced

House Bill No. 5809, 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.

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

 

 

______

 

 

The Clerk declared the House adjourned until Thursday, May 21, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives