STATE OF
MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House
Chamber, Lansing, Friday, December 18, 2020.
12:01 a.m.
The House was
called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who
announced that a quorum was present.
Afendoulis—present Farrington—present Jones—present Rabhi—present
Aiyash—present Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—present Koleszar—present Sabo—present
Allor—present Garza—present Kuppa—present Schroeder—present
Anthony—present Gay-Dagnogo—excused LaFave—present Shannon—present
Bellino—present Glenn—present LaGrand—present Sheppard—present
Berman—present Green—present Lasinski—present Slagh—present
Bolden—present Greig—present Leutheuser—present Sneller—present
Bollin—present Griffin—present Liberati—present Sowerby—present
Brann—present Guerra—present Lightner—present Stone—present
Brixie—present Haadsma—present Lilly—present Tate—present
Byrd—excused Hall—present Love—excused VanSingel—present
Calley—present Hammoud—present Lower—present VanWoerkom—present
Cambensy—present Hauck—present Maddock—present Vaupel—present
Camilleri—present Hernandez—present Manoogian—present Wakeman—present
Carter,
B.—excused Hertel—present Marino—excused Warren—present
Carter,
T.—present Hoadley—present Markkanen—present Webber—present
Chatfield—present Hoitenga—present Meerman—present Wendzel—present
Cherry—present Hood—present Miller—present Wentworth—present
Chirkun—present Hope—present Mueller—present Whiteford—present
Clemente—present Hornberger—present Neeley, C.—excused Whitsett—present
Cole—present Howell—present O’Malley—present Wittenberg—excused
Coleman—present Huizenga—present Pagan—excused Witwer—present
Crawford—present Iden—present Paquette—present Wozniak—present
Eisen—present Inman—present Peterson—present Yancey—excused
Elder—present Johnson, C.—excused Pohutsky—present Yaroch—present
Ellison—present Johnson, S.—present
e/d/s =
entered during session
Rep. James A. Lower, from the 70th District, offered the following
invocation:
“Dear Lord,
I come before You after midnight one final time as a member
of this body. As we are all tired, emotions are high, and stress clouds our
judgement; Please give us the clarity and strength to close out our business
here as quickly and prudently as possible. Please keep everyone safe that is
traveling home tonight. And watch over all our loved ones. Especially my son
Aaron on his 3rd Birthday. Amen.”
______
Rep. Cole moved that Reps. Byrd, Brenda Carter,
Gay-Dagnogo, Cynthia Johnson, Love, Marino, Cynthia Neeley, Pagan and
Yancey be excused from today’s session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 809, entitled
A bill to amend 1984 PA 323, entitled “The
health care false claim act,” by amending section 4a (MCL 752.1004a), as
amended by 2016 PA 80.
The bill was read a second time.
Rep. Cole moved that the bill be placed on the order of
Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving
voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 809, entitled
A bill to amend 1984 PA 323, entitled “The
health care false claim act,” by amending section 4a (MCL 752.1004a), as
amended by 2016 PA 80.
Was read a third time
and passed, a majority of the members serving voting therefor, by yeas and
nays, as follows:
Roll Call No.
638 Yeas—100
Afendoulis Ellison Inman Rabhi
Aiyash Farrington Johnson, S. Reilly
Albert Filler Jones Rendon
Alexander Frederick Kahle Sabo
Allor Garrett Kennedy Schroeder
Anthony Garza Koleszar Shannon
Bellino Glenn Kuppa Sheppard
Berman Green LaFave Slagh
Bolden Greig LaGrand Sneller
Bollin Griffin Lasinski Sowerby
Brann Guerra Leutheuser Stone
Brixie Haadsma Liberati Tate
Calley Hall Lightner VanSingel
Cambensy Hammoud Lilly VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, T. Hernandez Maddock Wakeman
Chatfield Hertel Manoogian Warren
Cherry Hoadley Markkanen Webber
Chirkun Hoitenga Meerman Wendzel
Clemente Hood Miller Wentworth
Cole Hope Mueller Whiteford
Coleman Hornberger O’Malley Whitsett
Crawford Howell Paquette Witwer
Eisen Huizenga Peterson Wozniak
Elder Iden Pohutsky Yaroch
Nays—0
In The Chair: Chatfield
Pursuant to Joint Rule 20, the full title
of the act shall be inserted to read as follows:
“An act to prohibit fraud in the
obtaining of benefits or payments in connection with health care coverage and
insurance; to prohibit kickbacks or bribes in connection with such coverage and
insurance; to prohibit conspiracies in obtaining benefits or payments; to
provide for certain powers and duties of certain state and local officers and
agencies; to provide for and preclude certain civil actions; and to prescribe
penalties,”
The House agreed to the full title.
Rep. Cole moved that the bill be given
immediate effect.
The motion prevailed, 2/3 of the
members serving voting therefor.
______
The Speaker called Associate Speaker Pro Tempore Hornberger to the
Chair.
Second Reading of Bills
Senate Bill No. 857, entitled
A bill to repeal 1945 PA 302, entitled
“An act authorizing the governor to proclaim a state of emergency, and to
prescribe the powers and duties of the governor with respect thereto; and to
prescribe penalties,” (MCL 10.31 to 10.33).
The bill was read a second time.
Rep. Cole moved that the bill be placed on the order of
Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving
voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 857, entitled
A bill to repeal 1945 PA 302, entitled
“An act authorizing the governor to proclaim a state of emergency, and to
prescribe the powers and duties of the governor with respect thereto; and to
prescribe penalties,” (MCL 10.31 to 10.33).
Was read a third time
and passed, a majority of the members serving voting therefor, by yeas and
nays, as follows:
Roll Call No.
639 Yeas—57
Afendoulis Frederick Kahle Rendon
Albert Glenn LaFave Schroeder
Alexander Green Leutheuser Sheppard
Allor Griffin Lightner Slagh
Bellino Hall Lilly VanSingel
Berman Hauck Lower VanWoerkom
Bollin Hernandez Maddock Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O’Malley Whiteford
Eisen Inman Paquette Wozniak
Farrington Johnson, S. Reilly Yaroch
Filler
Nays—43
Aiyash Elder Hope Rabhi
Anthony Ellison Jones Sabo
Bolden Garrett Kennedy Shannon
Brixie Garza Koleszar Sneller
Cambensy Greig Kuppa Sowerby
Camilleri Guerra LaGrand Stone
Carter, T. Haadsma Lasinski Tate
Cherry Hammoud Liberati Warren
Chirkun Hertel Manoogian Whitsett
Clemente Hoadley Peterson Witwer
Coleman Hood Pohutsky
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the
members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Concurrent Resolution No. 36.
A concurrent resolution to create a
Joint Committee on Inter-Session Rules and Regulations.
Whereas, Article IV, Section 37 of the Constitution of the State of Michigan of
1963 provides:
The
legislature may by concurrent resolution empower a joint committee of the
legislature, acting between sessions, to suspend any rule or regulation
promulgated by an administrative agency subsequent to the adjournment of the
last preceding regular legislative session. Such suspension shall continue no
longer than the end of the next regular legislative session.
; now, therefore, be it
Resolved by the Senate (the House of
Representatives concurring), That, pursuant to Article IV, Section 37 of
the Constitution of the State of Michigan
of 1963, there be created a Joint Committee on Inter-Session Rules and
Regulations which is empowered, acting between sessions, to suspend any rule or
regulation promulgated by an administrative agency subsequent to the
adjournment of this regular legislative session. Such suspension shall continue
no longer than the end of the next regular legislative session. The joint
committee shall consist of three members of the Senate appointed by the Senate
Majority Leader, one from the Senate Democratic Caucus recommended by the
Senate Minority Leader and two from the Senate Republican Caucus, and three
members of the House of Representatives appointed by the Speaker of the House,
one from the House Democratic Caucus recommended by the House Minority Leader
and two from the House Republican Caucus. The Senate Majority Leader shall
designate the chairperson of the joint committee, and the Speaker of the House
shall designate the vice chairperson.
The Senate has adopted the concurrent
resolution.
The question being on the adoption of
the concurrent resolution,
The concurrent resolution was adopted.
By unanimous consent the House returned to the order of
Motions and Resolutions
The motion prevailed.
Introduction of Bills
Reps. Aiyash, Gay-Dagnogo,
Brenda Carter and Garza introduced
House Bill No. 6541, entitled
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” (MCL 791.201 to 791.285) by adding section 64a.
The bill was read a first time by its
title and referred to the Committee on Judiciary.
Reps. Aiyash, Gay-Dagnogo, Brenda
Carter and Garza introduced
House Bill No. 6542, entitled
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” (MCL 791.201 to 791.285) by adding section 64b.
The bill was read a first time by its
title and referred to the Committee on Judiciary.
Reps. Aiyash, Gay-Dagnogo, Brenda
Carter and Garza introduced
House Bill No. 6543, entitled
A bill to create the office of social
work and police partnerships and to prescribe its powers and duties; to create
the social work and police partnerships council and to prescribe its powers and
duties; to prescribe the powers and duties of state departments and agencies;
to create certain funds; to impose certain duties on certain state and local
officials; to make appropriations for various state departments; 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 Judiciary.
Reps. Yancey, Gay-Dagnogo, Brenda
Carter and Garrett introduced
House Bill No. 6544, entitled
A bill to prohibit employers from
discriminating against employees based on tobacco, vapor, or nicotine habits
that are unrelated to employment; to prohibit retaliation; and to provide
remedies.
The bill was read a first time by its
title and referred to the Committee on Government Operations.
Reps. Yancey, Gay-Dagnogo, Brenda
Carter and Garrett introduced
House Bill No. 6545, entitled
A bill to amend 2018 IL 1, entitled “Michigan
regulation and taxation of marihuana act,” by amending section 4 (MCL
333.27954).
The bill was read a first time by its
title and referred to the Committee on Government Operations.
Reps. Yancey, LaGrand, Gay-Dagnogo,
Brenda Carter and Garrett introduced
House Bill No. 6546, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 1307a and 1312 (MCL 600.1307a and
600.1312), section 1307a as amended by 2012 PA 69 and section 1312 as amended
by 2005 PA 6.
The bill was read a first time by its
title and referred to the Committee on Judiciary.
Reps. Yancey, Gay-Dagnogo, Brenda
Carter and Garrett introduced
House Bill No. 6547, entitled
A bill to amend 1965 PA 213, entitled “An
act to provide for setting aside the conviction in certain criminal cases; to
provide for the effect of such action; to provide for the retention of certain
nonpublic records and their use; to prescribe the powers and duties of certain
public agencies and officers; and to prescribe penalties,” by amending section
1 (MCL 780.621), as amended by 2016 PA 336; and to repeal acts and parts of
acts.
The bill was read a first time by its
title and referred to the Committee on Judiciary.
House Bill No. 6548, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 16t of chapter XVII (MCL
777.16t), as amended by 2018 PA 528.
The bill was read a first time by its
title and referred to the Committee on Judiciary.
House Bill No. 6549, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 411x (MCL 750.411x), as added by 2018
PA 457.
The bill was read a first time by its
title and referred to the Committee on Judiciary.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing
and Enrollment
House Bill Nos. 6523 6524 6525 6526
6527 6528 6529 6530 6531
6532 6533 6534 6535 6536
6537 6538 6539 6540
Comments and Recommendations
Rep. Cole moved that the following
remarks be printed in the Journal.
The motion prevailed.
“This
adventure began for me in 1993 when I visited the Capitol with the 4-H Capitol
Experience as a young starry-eyed home-schooled kid.
I
knew that day that I wanted to be a State Legislator. My wife and staff remind
me on a regular that I am not a funny guy so don’t expect anything funny or
clever in this short address and it will not be lengthy out of respect for
Clerk Randall. There are so many story’s and people to thank and remember, but
they are for another time and another place.
There
were bumps along the way but with the support of my wife and family, I am
standing here to today reflecting on the last 6 years. Without a doubt this is
an intense privilege of a lifetime.
I
had success here only because of my dynamic team here in Lansing; Keisha
Wolgast, Henry Wolf, Marcus Keech, Carson Gatt, Justin Thiede, Jacob
Duberville, Dakota Baker, Jackson Gross, Joe Green, Brad Needham, Emily
Pallarito, Matthew Hauser, Joelle Demand and finally Denise Pallarito.
Laws
such as removing the barriers for a couple with a secret marriage for 50 years
due to a Juvenile court law and opening the beautiful trails throughout the
lower peninsula unless marked closed to ORV traffic. These bills and the 20
plus like them that have become PA’s are not possible without the expertise of
LSB and LSB research, thank you to Kevin Studebaker and your team, they are
amazing.
I
will never forget my first protests in a committee hearing and on the floor. It
was loud, and the groups were chanting something that most of us could not
understand, but the Sergeants stood fast and did not allow the any disruption,
thank you sergeant Dixon and your team for always having our backs. It’s no
secret that I love the outdoors and have worked to help many in this
institution have a taste of my passion. Thank you for listening to my stories.
In
closing I would like to thank all of my colleagues on both sides of the aisle
present and past that made this an amazing experience including each of the
three dynamic leadership teams. Together we did some great work. I am honored
to have worked with you.
Story’s:
Rosemary
Robison story about Committee
Sherry
Gay-Dagnogo Church story
Lisa
Lyons story-Marihuana and not making it personal.”
Explanation of “No” Votes
“Mr.
Speaker and members of the House:
My
no vote explanation on SB 1253:
I
rise in opposition to the passage of Senate Bill 1253. I believe this bill is
going to meet a certain veto from the Governor and does nothing to contribute
in solving this critical health crisis. Rather than working with the Governor
to come up with common-sense policies to address this historic pandemic, we are
passing legislation this late hour that seeks to score partisan political
points while many of our citizens are dying and families are torn apart.
The
law that governs these orders issued by the Michigan Department of Health and
Human Services has been uphold in the courts. In fact, the state Supreme Court
ruled when striking down the 1945 Riot Act that the avenue to go was section
2235 of the Public Health Code. It was designed for this specific purpose, to
keep us safe in light of a global pandemic. We are facing an unseen enemy that
has filled our hospitals, strained our health care system and caused much
heartbreak with the loss of over 11,208 Michigan residents and counting. And
that is why I am voting to “Stop the Steal” of the Governor’s authority to keep
us safe.”
______
Rep. Lower moved that the House adjourn.
The motion prevailed, the time being 12:45 a.m.
GARY L. RANDALL
Clerk of the House of Representatives