No. 91

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Tuesday, November 2, 2021.

 

1:30 p.m.

 

The House was called to order by the Speaker Pro Tempore.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

Aiyash—present            Damoose—present        Kuppa—present            Rogers—present

Albert—present             Eisen—present             LaFave—present           Roth—present

Alexander—present        Ellison—present           LaGrand—present         Sabo—present

Allor—present               Farrington—present      Lasinski—present         Scott—present

Anthony—present          Filler—present              Liberati—present          Shannon—present

Beeler—present             Fink—present               Lightner—present         Slagh—present

Bellino—present            Frederick—present        Lilly—present              Sneller—present

Berman—present           Garza—excused            Maddock—present        Sowerby—present

Beson—present              Glenn—present             Manoogian—excused    Steckloff—present

Bezotte—present            Green—present             Marino—excused          Steenland—present

Bolden—present            Griffin—present           Markkanen—present     Stone—present

Bollin—present              Haadsma—present        Martin—present            Tate—present

Borton—present             Hall—present               Meerman—present        Thanedar—present

Brabec—present            Hammoud—excused     Morse—present            Tisdel—present

Brann—present              Hauck—present            Mueller—present          VanSingel—present

Breen—present              Hertel—present            Neeley—excused          VanWoerkom—present

Brixie—present              Hoitenga—present        O’Malley—present       Wakeman—present

Calley—present             Hood—present             O’Neal—present           Weiss—present

Cambensy—present        Hope—present             Outman—present          Wendzel—present

Camilleri—present         Hornberger—present     Paquette—present         Wentworth—present

Carra—present               Howell—present           Peterson—present         Whiteford—present

Carter, B—present          Huizenga—present        Pohutsky—present        Whitsett—present

Carter, T—present          Johnson, C—present     Posthumus—present      Witwer—present

Cavanagh—present        Johnson, S—present      Puri—present               Wozniak—present

Cherry—present             Jones—excused            Rabhi—present             Yancey—present

Clemente—present         Kahle—present             Reilly—excused           Yaroch—present

Clements—present         Koleszar—present         Rendon—present          Young—present

Coleman—present                                                                                 

 

e/d/s = entered during session

Rep. John R. Roth, from the 104th District, offered the following invocation:

 

“Dear Lord, as we gather to meet this new day, let our chamber be filled with love, joy, peace and goodness. Let us desire to work with one another, communicate with one another, and treat one another with the utmost respect.

Strengthen us as we make tough decisions. Empower us to do the will of the people with a clear mind and an unrelenting efficiency. Enable us to think and strategize in ways that will achieve the best results. Purify our thoughts and motives so that each one of us enters today, and every day, with profound spirit and fair debate.

We thank You for another opportunity to meet here today. And we pledge to do our best in the presence of Your wisdom and guidance. Amen.”

 

 

______

 

 

The Speaker Pro Tempore called Associate Speaker Pro Tempore Paquette to the Chair.

 

 

______

 

 

Rep. Rogers moved that Reps. Garza, Hammoud, Jones, Manoogian and Neeley be excused from today’s session.

The motion prevailed.

 

Rep. Frederick moved that Reps. Marino and Reilly be excused from today’s session.

The motion prevailed.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 186.

A resolution to call on the state of Michigan to act quickly to replace lead service lines that have contaminated drinking water sources in the city of Hamtramck.

(For text of resolution, see House Journal No. 87, p. 1970.)

(The resolution was reported by the Committee on Natural Resources and Outdoor Recreation on October 28, with substitute (H-1).)

(For substitute, see House Journal No. 90, p. 2019.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

 

Rep. Aiyash moved to substitute (H-3) the resolution as follows:

Substitute for House Resolution No. 186.

A resolution to call on the state of Michigan to quickly address the lead service lines that have contaminated drinking water sources in the city of Hamtramck.

Whereas, A reliable system that delivers safe, quality drinking water is crucial to a community’s vitality and its residents’ health and well-being; and

Whereas, Exposure to lead can cause serious harm to the health of children and adults. Children are especially vulnerable to lead poisoning and can experience damage to the brain and nervous system, slowed growth and development, and other significant harm to their health, including long-term impacts; and

Whereas, The U.S. Environmental Protection Agency’s 90th percentile value lead action level in drinking water is 15 parts per billion (ppb); and

Whereas, An October 15, 2021, letter from the Department of Environment, Great Lakes, and Energy to Hamtramck about lead and copper monitoring indicates that the community water supply’s 90th percentile value exceeded the 15 ppb lead action level during testing from June 1 to September 30, 2021. The 90th percentile value for lead was 17 ppb, with sample results reaching as high as 36 ppb. Among the sources of the lead contamination, the letter notes that the city’s service lines may contain lead; now, therefore, be it

Resolved by the House of Representatives, That we call on the state of Michigan to quickly address the lead service lines that have contaminated drinking water sources in the city of Hamtramck; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and the Director of the Department of Environment, Great Lakes, and Energy.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Bollin, Allor, Bezotte, Breen, Cavanagh, Clemente, Haadsma, Hood, Hope, Kuppa, Morse, Pohutsky, Rogers, Sneller, Steenland, Stone, Thanedar, Witwer and Young offered the following resolution:

House Resolution No. 188.

A resolution to declare November 2021 as Stomach Cancer Awareness Month in the state of Michigan.

Whereas, Stomach cancer, also known as gastric cancer, is one of the most difficult cancers to detect in the early stages of the disease, which contributes to high mortality rates; and

Whereas, Stomach cancer occurs when cancer cells develop in the lining of the stomach; and

Whereas, Stomach cancer is the sixth most common type of cancer worldwide; and

Whereas, In 2021, an estimated 26,520 cases of stomach cancer will be diagnosed in the United States and over 11,000 people in the country will die from the disease; and

Whereas, The estimated 5-year survival rate for stomach cancer is only 31 percent; and

Whereas, Approximately 1 in 96 men and 1 in 152 women will be diagnosed with stomach cancer during his or her lifetime; and

Whereas, In the United States, stomach cancer is more prevalent among racial and ethnic minorities; and

Whereas, Increased awareness of and education about stomach cancer among patients and healthcare providers could improve timely recognition of stomach cancer symptoms; and

Whereas, More research into early diagnosis, screening, and treatment for stomach cancer is needed; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2021 as Stomach Cancer Awareness Month in the state of Michigan. We support the goals of awareness of, and education about, the condition among the general public of Michigan and recognize the need for additional research into early diagnosis, screening, and treatment for stomach cancer.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 4059, entitled

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

(The bill was received from the Senate on October 26, with amendments and full title inserted by the Senate, consideration of which, under the rules, was postponed until October 27, see House Journal No. 88, p. 1982.)

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 516                                   Yeas—101

 

 

Aiyash                              Coleman                  Kuppa                                    Sabo

Albert                                Damoose                 LaFave                                   Scott

Alexander                          Eisen                       LaGrand                                Shannon

Allor                                 Ellison                     Lasinski                                 Slagh

Anthony                            Farrington                Liberati                                  Sneller

Beeler                                Filler                        Lightner                                 Sowerby

Bellino                              Fink                         Lilly                                       Steckloff

Berman                             Frederick                 Maddock                                Steenland

Beson                                Glenn                      Markkanen                             Stone

Bezotte                              Green                      Martin                                    Tate

Bolden                              Griffin                     Meerman                               Thanedar

Bollin                                Haadsma                 Morse                                    Tisdel

Borton                               Hall                         Mueller                                  VanSingel

Brabec                               Hauck                      O’Malley                               VanWoerkom

Brann                                Hertel                      O’Neal                                   Wakeman

Breen                                Hoitenga                  Outman                                  Weiss

Brixie                                Hood                       Paquette                                 Wendzel

Calley                                Hope                       Peterson                                 Wentworth

Cambensy                         Hornberger              Pohutsky                                Whiteford

Camilleri                           Howell                     Posthumus                             Whitsett

Carter, B                            Huizenga                 Puri                                        Witwer

Carter, T                            Johnson, C               Rabhi                                     Wozniak

Cavanagh                          Johnson, S               Rendon                                  Yancey

Cherry                               Kahle                       Rogers                                   Yaroch

Clemente                           Koleszar                  Roth                                       Young

Clements                                                                                                        

 

 

                                                               Nays—1

 

 

Carra                                                                                                              

 

 

In The Chair: Paquette

 

 

The House agreed to the full title.

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

 

 

Second Reading of Bills

 

 

House Bill No. 5097, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2016 PA 170.

The bill was read a second time.

 

Rep. Lilly moved to amend the bill as follows:

1. Amend page 5, line 18, by striking out all of subparagraph (v) and renumbering the remaining subparagraphs.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

 

Rep. Yancey moved to amend the bill as follows:

1. Amend page 5, following line 29, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4412 of the 101st Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Yancey moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

 

 

House Bill No. 4939, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2020 PA 29.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

House Bill No. 4940, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2020 PA 30.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

House Bill No. 4920, entitled

A bill to amend 1846 RS 2, entitled “Of the legislature,” (MCL 4.82 to 4.85) by adding section 2a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

House Bill No. 5281, entitled

A bill to require the public disclosure of certain information related to the settlement of certain claims and actions involving sexual assault and sexual harassment; and to prescribe the powers and duties of certain state departments and agencies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

Senate Bill No. 683, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3 and 5 (MCL 712A.3 and 712A.5), section 3 as amended by 2019 PA 109 and section 5 as amended by 1996 PA 409.

The bill was read a second time.

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

The motion prevailed.

 

 

Senate Bill No. 153, entitled

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

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5368, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1429.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

Messages from the Governor

 

 

The following veto message from the Governor was received and read:

 

Executive Office, Lansing, October 29, 2021

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

 

Representatives,

Today I am returning Enrolled House Bill 5007 to you without approval.

Every citizen of Michigan has the constitutionally guaranteed right to vote and deserves to exercise that right in safe and secure elections.

HB 5007 is tie-barred to enrolled Senate Bills 303 and 304 – bills that would eliminate the option for Michigan voters to submit an affidavit, signed under penalty of perjury, attesting to their identity and eligibility when attempting to vote without a photo ID. To be clear, there is no evidence that use of affidavit ballots is related to voter fraud. In fact, the Michigan Senate Oversight Committee recently concluded that the 2020 election produced no significant evidence of fraud. Yet this voting restriction would disenfranchise the more than 18,000 voters who relied on the affidavit ballot in recent elections.

SB 303 and 304 would disproportionately harm communities of color. After the 2016 election, a random sample of affidavit ballots revealed that about 0.5% of voters lacked access to ID on election day, yet nearly all of those affidavit ballot voters actually possessed state-issued identification. Non-white voters were about five times more likely to lack access to ID on election day than white voters. Voting restrictions that produce such a racially disparate impact must never become law in this state.

Nevertheless, I would be proud to sign common sense election reforms that would strengthen our democracy, including bills:

·     improving military families access to the ballot by allowing active-duty Michiganders and spouses serving overseas to vote electronically,

·     removing barriers to voting absentee by establishing a permanent absent voter list, and,

·     expediting election returns by allowing sufficient time for preprocessing of absentee ballots.

As the late John Lewis said: “Freedom is not a state; it is an act. Freedom is the continuous action we all must take, and each generation must do its part to create an even more fair, more just society.”

                                                                                       Sincerely,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4771, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 35, and 36 (MCL 408.1004, 408.1035, and 408.1036), section 4 as amended by 2012 PA 416 and sections 35 and 36 as amended by 1991 PA 105.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 517                                    Yeas—88

 

 

Aiyash                              Clemente                 Kuppa                                    Slagh

Albert                                Clements                 LaGrand                                Sneller

Alexander                          Coleman                  Lasinski                                 Sowerby

Allor                                 Damoose                 Liberati                                  Steckloff

Anthony                            Eisen                       Lightner                                 Steenland

Bellino                              Ellison                     Lilly                                       Stone

Beson                                Farrington                Markkanen                             Tate

Bezotte                              Filler                        Martin                                    Thanedar

Bolden                              Frederick                 Morse                                    Tisdel

Bollin                                Green                      O’Malley                               VanSingel

Borton                               Griffin                     O’Neal                                   VanWoerkom

Brabec                               Haadsma                 Peterson                                 Wakeman

Brann                                Hall                         Pohutsky                                Weiss

Breen                                Hauck                      Posthumus                             Wendzel

Brixie                                Hertel                      Puri                                        Wentworth

Calley                                Hood                       Rabhi                                     Whiteford

Cambensy                         Hope                       Rendon                                  Whitsett

Camilleri                           Howell                     Rogers                                   Witwer

Carter, B                            Huizenga                 Roth                                       Wozniak

Carter, T                            Johnson, C               Sabo                                      Yancey

Cavanagh                          Kahle                       Scott                                      Yaroch

Cherry                               Koleszar                  Shannon                                 Young

 

 

                                                              Nays—14

 

 

Beeler                                Glenn                      LaFave                                   Mueller

Berman                             Hoitenga                  Maddock                                Outman

Carra                                 Hornberger              Meerman                               Paquette

Fink                                  Johnson, S                                                            

 

 

In The Chair: Paquette

 

 

The House agreed to the title of the bill.

Rep. Frederick moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

Rep. Frederick moved that House Bill No. 5097 be placed on its immediate passage.

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

 

House Bill No. 5097, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2016 PA 170.

The bill was read a third time.

The question being on the passage of the bill,

 

Rep. Berman moved to amend the bill as follows:

1. Amend page 2, line 6, after “include” by inserting “the promotion of”.

2. Amend page 3, line 19, after “include” by inserting “the promotion of”.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 518                                    Yeas—55

 

 

Albert                                Damoose                 Huizenga                                Posthumus

Alexander                          Eisen                       Johnson, S                              Rendon

Allor                                 Farrington                Kahle                                     Roth

Beeler                                Filler                        LaFave                                   Slagh

Bellino                              Fink                         Lightner                                 Tisdel

Berman                             Frederick                 Lilly                                       VanSingel

Beson                                Glenn                      Maddock                                VanWoerkom

Bezotte                              Green                      Markkanen                             Wakeman

Bollin                                Griffin                     Martin                                    Wendzel

Borton                               Hall                         Meerman                               Wentworth

Brann                                Hauck                      Mueller                                  Whiteford

Calley                                Hoitenga                  O’Malley                               Wozniak

Carra                                 Hornberger              Outman                                  Yaroch

Clements                           Howell                     Paquette                                

 

 

                                                               Nays—0

 

 

In The Chair: Paquette

 

 

The House agreed to the title of the bill.

Rep. Frederick moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

______

 

 

Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, October 28:

House Bill Nos.     5488   5489   5490   5491  5492   5493   5494   5495   5496  5497   5498   5499 5500

 

The Clerk announced the enrollment printing and presentation to the Governor on Friday, October 29, for her approval of the following bills:

Enrolled House Bill No. 5404 at 11:06 a.m.

Enrolled House Bill No. 5405 at 11:08 a.m.

Enrolled House Bill No. 4207 at 11:10 a.m.

Enrolled House Bill No. 4485 at 11:12 a.m.

Enrolled House Bill No. 5267 at 11:14 a.m.

Enrolled House Bill No. 4295 at 11:16 a.m.

Enrolled House Bill No. 4066 at 11:18 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, November 2:

Senate Bill Nos.      396    397    398    399   463

 

 

Reports of Standing Committees

 

 

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

House Bill No. 5190, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a as amended by 2020 PA 158 and section 1278b as amended by 2018 PA 230.

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

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose and Posthumus

Nays: Reps. Brenda Carter, Koleszar, Shannon and Stone

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, November 2, 2021

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

Absent: Rep. Camilleri

Excused: Rep. Camilleri

 

 

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

House Bill No. 4798, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” (MCL 780.751 to 780.834) by adding section 8a.

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

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: Rep. Steven Johnson

 

 

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

House Bill No. 4974, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 40b to chapter VII.

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

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: Rep. Steven Johnson

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, November 2, 2021

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

 

 

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

House Bill No. 5327, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending section 67 (MCL 250.1067), as added by 2003 PA 195.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, November 2, 2021

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

Absent: Rep. LaFave

Excused: Rep. LaFave

 

 

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

House Resolution No. 157.

A resolution to urge the members of Congress to take action to mitigate the depletion of the Social Security and Medicare Trust Funds.

(For text of resolution, see House Journal No. 72, p. 1401.)

With the recommendation that the resolution be adopted.

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, November 2, 2021

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

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

House Bill No. 4232, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 707 (MCL 436.1707), as amended by 2008 PA 11.

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

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

House Bill No. 4710, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 525 and 529 (MCL 436.1525 and 436.1529), section 525 as amended by 2016 PA 434.

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

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

 

 

Favorable Roll Call

 

To Report Out:

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

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

 

 

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

House Bill No. 5126, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 408 (MCL 333.27408).

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

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

House Bill No. 5127, entitled

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

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

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

Senate Bill No. 461, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 408 (MCL 333.27408).

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

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

Senate Bill No. 462, entitled

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

Without amendment and with the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, November 2, 2021

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

Absent: Rep. Garza

Excused: Rep. Garza

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, November 2, 2021

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

 

 

Messages from the Senate

 

 

House Bill No. 4117, entitled

A bill 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 section 226 (MCL 257.226), as amended by 2021 PA 71.

The Senate has concurred in the House substitute (H-2) to the Senate substitute (S-3) and agreed to the title as amended.

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

 

 

House Bill No. 4281, entitled

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

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. 4501, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 38.

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

The House agreed to the full title

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

 

 

House Bill No. 4778, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 270.

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.

 

 

Senate Bill No. 396, entitled

A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 8, 9, 10, 12, 14, 17, 19, 20, 20a, and 22 (MCL 431.302, 431.308, 431.309, 431.310, 431.312, 431.314, 431.317, 431.319, 431.320, 431.320a, and 431.322), sections 2, 10, 12, and 14 as amended by 2016 PA 271 and sections 8, 9, 17, 19, 20, and 22 as amended and section 20a as added by 2019 PA 153, and by adding sections 15a and 16a; and to repeal acts and parts of acts.

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. 397, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 3, 11, 23, 32, and 41 (MCL 432.3, 432.11, 432.23, 432.32, and 432.41), the title and section 11 as amended by 2012 PA 293, section 3 as amended by 1996 PA 167, section 23 as amended by 2008 PA 142, section 32 as amended by 2014 PA 388, and section 41 as amended by 2009 PA 25, and by adding a heading for article 1, and by adding section 2 and article 2.

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. 398, entitled

A bill to amend 1996 IL 1, entitled “Michigan Gaming Control and Revenue Act,” by amending sections 9b and 12 (MCL 432.209b and 432.212), as amended by 2019 PA 158.

The Senate has passed the bill by a 3/4 vote.

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

 

 

Senate Bill No. 399, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d (MCL 777.14d), as amended by 2020 PA 14.

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. 463, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending sections 2 and 16 (MCL 390.1472 and 390.1486), section 2 as amended by 2010 PA 6.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

Date: October 29, 2021

Time: 10:05 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4431 (Public Act No. 92, I.E.), being

An act to amend 1972 PA 382, entitled “An act to license and regulate the conducting of bingo, millionaire parties, and certain other forms of gambling; to provide for the conducting of charity games, raffles, and numeral games; to provide for exemptions from licensing requirements under certain circumstances; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties,” by amending section 3 (MCL 432.103), as amended by 2019 PA 159.

(Filed with the Secretary of State on October 29, 2021, at 11:48 a.m.)

 

 

Date: October 29, 2021

Time: 10:07 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4712 (Public Act No. 93, I.E.), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 437 (MCL 208.1437), as amended by 2021 PA 27.

(Filed with the Secretary of State on October 29, 2021, at 11:50 a.m.)

Date: October 29, 2021

Time: 10:09 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4659 (Public Act No. 94, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 17754a (MCL 333.17754a), as added by 2020 PA 134.

(Filed with the Secretary of State on October 29, 2021, at 11:52 a.m.)

 

 

Date: October 29, 2021

Time: 10:11 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4087 (Public Act No. 95), being

An act to amend 1976 PA 390, entitled “An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,” (MCL 30.401 to 30.421) by adding section 7b.

(Filed with the Secretary of State on October 29, 2021, at 11:54 a.m.)

 

 

Date: October 29, 2021

Time: 10:13 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4026 (Public Act No. 96), 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 section 805 (MCL 257.805), as amended by 2013 PA 82.

(Filed with the Secretary of State on October 29, 2021, at 11:56 a.m.)

Date: October 29, 2021

Time: 10:15 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4637 (Public Act No. 97), being

An act to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 2a.

(Filed with the Secretary of State on October 29, 2021, at 11:58 a.m.)

 

 

Introduction of Bills

 

 

Rep. Clements introduced

House Bill No. 5501, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending sections 5 and 20 (MCL 257.1805 and 257.1820), section 5 as amended by 2006 PA 107 and section 20 as added by 2021 PA 52.

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

 

 

Reps. Tisdel, Calley, Ellison, Cavanagh and Hall introduced

House Bill No. 5502, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9m (MCL 211.9m), as amended by 2017 PA 261.

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

 

 

Reps. Farrington, Tisdel, Calley, Ellison, Cavanagh and Hall introduced

House Bill No. 5503, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9n (MCL 211.9n), as amended by 2017 PA 261.

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

 

 

Reps. Calley, Tisdel, Ellison, Cavanagh and Hall introduced

House Bill No. 5504, entitled

A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending section 7 (MCL 211.1057), as amended by 2018 PA 541.

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

 

 

Reps. Cavanagh, Tisdel, Calley, Ellison and Hall introduced

House Bill No. 5505, entitled

A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending section 7 (MCL 211.1077), as amended by 2018 PA 505.

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

 

 

Reps. Ellison, Tisdel, Calley, Cavanagh and Hall introduced

House Bill No. 5506, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 6 (MCL 207.556), as amended by 2013 PA 85.

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

Reps. Steckloff, Stone, Shannon, Breen, Hope, Scott, Sabo, Rogers, Aiyash, Haadsma and Brixie introduced

House Bill No. 5507, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5431 (MCL 333.5431), as amended by 2002 PA 691.

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

 

 

Reps. Tyrone Carter, Puri and Cynthia Johnson introduced

House Bill No. 5508, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8379 and 8396 (MCL 600.8379 and 600.8396), section 8379 as amended by 2000 PA 93 and section 8396 as added by 1994 PA 12.

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

 

 

Reps. Puri and Tyrone Carter introduced

House Bill No. 5509, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 682, 907, and 909 (MCL 257.682, 257.907, and 257.909), section 682 as amended by 2021 PA 50, section 907 as amended by 2020 PA 382, and section 909 as amended by 2000 PA 94.

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

 

 

Reps. Meerman and Steven Johnson introduced

House Bill No. 5510, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2018 PA 651.

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

 

 

Reps. Hammoud, Aiyash, Anthony, Tyrone Carter, Ellison, Cavanagh, Bolden, Manoogian, Cynthia Johnson and Hood introduced

House Bill No. 5511, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 471 (MCL 206.471), as amended by 2011 PA 38, and by adding section 51h.

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

 

 

Reps. Calley, LaGrand, Mueller, Beson, Yaroch, Stone, Kuppa, Sowerby, Filler, Meerman, Bezotte, Witwer, Green, Wozniak, Brann and Slagh introduced

House Bill No. 5512, entitled

A bill to amend 2008 IL 1, entitled “Michigan Medical Marihuana Act,” by amending section 7 (MCL 333.26427), as amended by 2016 PA 546.

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

 

 

Announcements by the Clerk

 

 

October 29, 2021

Received from the Auditor General a copy of the:

·         Report from our report on internal control over financial reporting of the Michigan State Employees’ Retirement System Schedule of Employer Allocations and Schedules of Pension and Other Postemployment Benefit Amounts by Employer for the fiscal year ended September 30, 2020 (071‑0165-21).

                                                                               Gary L. Randall

                                                                               Clerk of the House

Rep. Damoose moved that the House adjourn.

The motion prevailed, the time being 5:10 p.m.

 

Associate Speaker Pro Tempore Paquette declared the House adjourned until Wednesday, November 3, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives