STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

101st Legislature

REGULAR SESSION OF 2022

House Chamber, Lansing, Wednesday, September 7, 2022.

1:30 p.m.

The House was called to order by the Clerk.

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, August 17:

House Bill Nos. 6347 6348 6349 6350 6351 6352 6353 6354 6355 6356 6357 6358 6359 6360 6361 6362

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, September 7:

Senate Bill Nos. 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161

Reports of Standing Committees

The Committee on Appropriations, by Rep. Albert, Chair, reported

House Bill No. 5956, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2020 PA 151.

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. Albert, Whiteford, Allor, Brann, Frederick, Hornberger, Marino, VanSingel, Yaroch, Bollin, Glenn, Lightner, Slagh, VanWoerkom, Beson, Borton, Tate, Peterson, Tyrone Carter, Hood, Brabec, O’Neal, Rogers, Steckloff and Thanedar

Nays: Rep. Cynthia Johnson

The Committee on Appropriations, by Rep. Albert, Chair, reported

House Bill No. 6357, 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.

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. Albert, Whiteford, Allor, Brann, Frederick, Hornberger, Marino, VanSingel, Yaroch, Bollin, Glenn, Lightner, Slagh, VanWoerkom, Beson, Borton, Tate, Peterson, Sabo, Tyrone Carter, Hood, Cynthia Johnson, Brabec, O’Neal, Rogers, Steckloff, Thanedar and Weiss

Nays: None

The Committee on Appropriations, by Rep. Albert, Chair, reported

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.

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. Albert, Whiteford, Allor, Brann, Frederick, Hornberger, Marino, VanSingel, Yaroch, Bollin, Glenn, Lightner, Slagh, VanWoerkom, Beson, Borton, Tate, Peterson, Sabo, Tyrone Carter, Hood, Cynthia Johnson, Brabec, O’Neal, Rogers, Steckloff, Thanedar and Weiss

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, August 17, 2022

Present: Reps. Albert, Whiteford, Allor, Brann, Frederick, Hornberger, Marino, VanSingel, Yaroch, Bollin, Glenn, Lightner, Slagh, VanWoerkom, Beson, Borton, Tate, Peterson, Sabo, Tyrone Carter, Hood, Cynthia Johnson, Brabec, O’Neal, Rogers, Steckloff, Thanedar and Weiss

Absent: Rep. Maddock

Excused: Rep. Maddock

Messages from the Governor

The following message from the Governor was received August 29, 2022 and read:

EXECUTIVE ORDER

No. 2022-9

Declaration of State of Energy Emergency

On Wednesday, August 24, BP’s 435,000 barrel-per-day refinery located in Whiting, Indiana, suffered an electrical fire. As a result, the refinery has ceased production and is undergoing a damage assessment. The Whiting refinery is the sixth biggest, by capacity, in the United States and provides approximately 20% to 25% of the refined gasoline, jet fuel, and diesel used collectively by Illinois, Indiana, Michigan, and Wisconsin.

While efforts are underway to replace the supply from the Whiting refinery, disruptions in the fuel supply are likely. These disruptions will lengthen delivery times and cause fuel delivery drivers to spend more time on the roads, butting up against maximum weekly driving and on-duty limits, which are set by federal and state law in 49 CFR Part 395, and adopted in Public Act 181 of 1963, MCL 480.11 et seq.

It is crucial that Michigan residents have the ability to travel, including for work purposes. It is also important that the supplies necessary to support critical state functions, including supplies of gasoline, remain adequately available. Yesterday evening, the Federal Motor Carrier Safety Administration declared a Regional Emergency Declaration waiving certain federal motor vehicle rules. This executive order declaring a statewide energy emergency reinforces the federal declaration by similarly waiving regulations governing motor vehicle hours-of-service rules.

At the same time, this order suspends Reid vapor pressure requirements applicable to the sale of gasoline in Michigan. Contingent on similar action from the Environmental Protection Agency (EPA), this temporary suspension will facilitate transition to the fall fuel supply on an accelerated timetable, thus opening up stocks of fuel that would otherwise be unavailable for sale.

Under Public Act 191 of 1982, “the governor may declare, by executive order . . . a state of emergency . . . upon the governor’s own initiative if the governor finds that an energy emergency exists or is imminent.” MCL 10.83(1). An “energy emergency” means a “condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage.” MCL 10.81(b). And an “energy shortage” means a “lack of adequate available energy resources in the state, or any part of the state.” MCL 10.81(e).

During a declared state of energy emergency, the governor may issue an executive order to “suspend a statute or an order or rule of a state agency or a specific provision of a statute, rule, or order, if strict compliance with the statute, rule, or order or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency.” MCL 10.84(c).

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including 1982 PA 191, MCL 10.81 to 10.87, I order the following:

1. A state of energy emergency is declared across the State of Michigan.

2. Hours-of-Service Rules

a. Motor carriers and drivers transporting gasoline and diesel fuel are exempt from compliance with MCL 480.11a and any other applicable state statute, order, or rule substantially similar to MCL 480.11a, and 49 CFR Part 395. Any provision of a state statute, order, or rule pertaining to the hours-of-service is suspended. This exemption and suspension apply to all highways in Michigan, including the national system of interstate and defense highways.

b. No motor carrier or driver operating under the terms of this order may require or allow an ill or fatigued driver to operate a motor vehicle. Any driver who informs a carrier that he or she needs immediate rest must be given at least ten consecutive off-duty hours before the driver is required to return to work.

c. Nothing in this order creates an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule); the commercial driver’s license requirements (49 CFR Part 383 and any similar state statute, order, or rule); the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule); driver qualifications (49 CFR Part 391); driving of commercial motor vehicle requirements (49 CFR Part 392); requirements for equipment, parts, and accessories necessary for the safe operation of vehicles (49 CFR Part 393); applicable size and weight requirements; or any portion of federal and state regulations not specifically identified.

d. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.

e. Upon expiration of this order, or when a motor carrier or driver ceases to provide direct assistance to the emergency relief effort, a driver that has had at least 34 consecutive off-duty hours must be permitted to start his or her on-duty hours and 60/70-hour clock at zero.

f. The Commercial Vehicle Enforcement Division of the Michigan Department of State Police must coordinate state compliance with this section.

3. Vapor Pressure Requirements

a. The following laws and regulations are temporarily suspended to the extent they would hinder or prohibit transportation, storage, or sale of motor fuels in excess of what is permitted under any EPA waivers of the federal Reid vapor pressure requirements:

i. MCL 290.650d.

ii. Regulation No. 561, promulgated by the Laboratory Division of the Department of Agriculture and Rural Development, R 285.561.1 to 285.561.10 of the Michigan Administrative Code.

iii. Rule 4(g) of Regulation No. 564, promulgated by the Laboratory Division of the Department of Agriculture and Rural Development, R 285.564.4(g) of the Michigan Administrative Code.

b. The Department of Agriculture and Rural Development must coordinate state compliance with this section.

4. This order is effective upon filing and remains in effect only for the duration of the supply challenges related to the refinery fire or until September 15, 2022, at 11:59 p.m., whichever comes first.

Date: August 27, 2022

Time: 9:50am

[SEAL] GRETCHEN WHITMER

GOVERNOR

By the Governor:

Jocelyn Benson

SECRETARY OF STATE

The message was referred to the Clerk.

The following message from the Governor was received September 7, 2022 and read:

EXECUTIVE ORDER

No. 2022-10

Statewide Housing Partnership

Michigan State Housing Development Authority

In Michigan, too many families are unable to find affordable housing. Among working class families, there is a 160,000-unit shortage of owner- and renter-occupied housing. That shortage means higher prices, further burdening families and contributing to housing instability for our lower-income residents.

The need to act is especially acute because the shortage disproportionately harms marginalized communities. Our nation’s discriminatory housing policies in the decades following World War II excluded women, racial minorities, and other marginalized individuals from building equity through homeownership and securing safe and adequate housing. We know that investing in housing will benefit Michigan’s economy by creating new jobs and expanding options for our workforce. Without housing, our state cannot hope to attract new businesses or support existing employers. Expanding housing options will also foster greater economic inclusion for all Michiganders, wherever they live and whatever their backgrounds.

Addressing Michigan’s complex housing challenges will require coordinated action and new approaches. That is why, earlier today, the Michigan State Housing Development Authority (“Authority”) issued a Statewide Housing Plan (“Plan”). The Plan presents opportunities for organizations to partner on common goals, including housing rehabilitation and stabilization, reducing equity gaps, reducing homelessness, and increasing home energy efficiency and weatherization.

Achieving these goals will require persistence and time. But progress is possible. The formation of a new partnership to advise the Authority—the Statewide Housing Partnership—will facilitate a coordinated, data-driven, outcome-oriented approach to housing to help create policies and programs that enable Michigan residents to secure affordable housing.

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

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

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

1. Creating the Statewide Housing Partnership

(a) The Statewide Housing Partnership (“Partnership”) is created as an advisory body within the Michigan State Housing Development Authority (“Authority”).

(b) The Director of the Authority must provide appropriate staff support for the Partnership, subject to available funding.

(1) The Director of the Authority, or the Director’s Designee from within the Authority, who will serve as the chair of the Partnership;

(2) The Director of the Michigan Department of Health and Human Services, or their designee;

(3) The Chair of the State Landbank Authority Board of Directors, or their designee;

(4) The Chair of the Michigan Strategic Fund Board of Directors, or their designee;

(5) The Director of the Michigan Department of Agriculture and Rural Development, or their designee; and

(6) Eighteen individuals appointed by the governor representing the intersections of housing in various fields, including:

(A) Two representatives of philanthropic or nonprofit organizations that promote the welfare of others through funding or programing.

(B) Two representatives of community development or advocacy organizations that provide services or housing to families, or support other organizations who do.

(D) Three representatives of development associations or organizations, which might include organizations representing realtors, builders, and planners.

(E) Two representatives of the finance industry, which might include banking institutions, credit unions, or their respective associations.

(F) Two representatives of local government, which might include representatives from county or municipal government associations.

(G) One representative of a tribal government located within this state.

(H) Two representatives of organizations that advocate in support of access to resources and services for marginalized individuals and families.

(I) Two individuals with lived experience of housing instability.

2. Charge to the Partnership

(a) The Partnership must act in an advisory capacity to the governor and shall do all of the following:

(1) Develop a strategy to implement the Michigan Statewide Housing Plan (“Plan”) and make recommendations to the Authority on resource, policy, and regulatory changes necessary to accomplish the Plan’s goals.

(2) Monitor the Authority’s implementation of the Plan, including formulation and coordination of state-wide outcome measures. Deliver progress reports to the governor and the public on the Plan’s implementation.

(3) Establish regional consortiums to address key aspects of Plan implementation in alignment with regional and local efforts, building on existing networks where appropriate. Develop action plans for each regional consortium to ensure alignment with the goals and strategies of the Plan.

(4) Propose a communications and marketing plan for the work of the Partnership. Consider incorporating a speaker’s bureau, promotional materials, and a website into the communications and marketing plan.

(b) The Council will dissolve on September 6, 2024, or such other time as the governor directs.

3. Operations of the Partnership

(a) The Authority must assist the Partnership in the performance of its duties and provide personnel to staff the Partnership. The budgeting, procurement, and related management functions of the Partnership will be performed under the direction and supervision of the Director of the Authority.

(b) The Partnership must meet at least quarterly and at the call of the Chairperson or as may be provided in procedures adopted by the Partnership.

(c) Members who attend less than 50 percent of the scheduled meetings in any calendar year have vacated their appointment. Upon notification, the governor must fill the vacancy in the same manner as the original appointment.

(d) The Partnership may adopt additional procedures, consistent with this order and applicable law, governing its organization and operations.

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

(f) The Partnership may establish advisory workgroups composed of individuals or entities participating in Partnership activities, including other members of the public as deemed necessary by the Partnership, to assist it in performing its duties and responsibilities. The Partnership may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

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

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

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

(j) Members of the Partnership must refer all legal, legislative, and media contacts to the Authority.

4. Implementation

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

(b) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.

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

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

(e) Executive Order 2022-5, section (1)(b)(1), is amended as follows “Seven (7) parents, guardians, or family members (“parents”)” is hereby replaced with “Eleven (11) parents, guardians, or family members (“parents”)”.

(f) This order is effective upon filing.

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

Date: September 7, 2022

Time: 8:00 am

[SEAL] GRETCHEN WHITMER

GOVERNOR

By the Governor:

Jocelyn Benson

SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

The following communications from the Secretary of State were received August 25, 2022 and read:

Notices of Filing

Administrative Rules

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-119-LR (Secretary of State Filing #22‑03-03) on this date at 09:34 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana-Infused Products and Edible Marihuana Products”.

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-120-LR (Secretary of State Filing #22‑03-04) on this date at 09:40 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Licensees”.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-121-LR (Secretary of State Filing #22‑03-05) on this date at 09:48 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Licenses”.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-122-LR (Secretary of State Filing #22‑03-06) on this date at 09:52 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Operations”.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-123-LR (Secretary of State Filing #22‑03-07) on this date at 09:56 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Sale or Transfer”.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-124-LR (Secretary of State Filing #22‑03-08) on this date at 10:00 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Sampling and Testing”.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2021-010-LR (Secretary of State Filing #22‑03-09) on this date at 10:03 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Employees”.

March 7, 2022

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2021-029-LR (Secretary of State Filing #22‑03-10) on this date at 10:06 A.M. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Declaratory Rulings”.

Sincerely,

Jocelyn Benson

Secretary of State

Sue Sayer, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Yancey introduced

House Bill No. 6363, entitled

A bill to provide for certain communication services for prisoners, inmates, and juveniles; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

Rep. Lightner introduced

House Bill No. 6364, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20106, 20109, and 20161 (MCL 333.20106, 333.20109, and 333.20161), section 20106 as amended by 2017 PA 167, section 20109 as amended by 2015 PA 156, and section 20161 as amended by 2020 PA 169, and by adding part 219A.

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

Rep. Witwer introduced

House Bill No. 6365, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 23b.

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

Reps. Rogers, Pohutsky, Stone, Breen, Pepper, Liberati, Glanville, Koleszar, Shannon, Lasinski, Clemente, Weiss, Neeley, Young, Brixie, Aiyash, Sowerby, Hood, Rabhi, Brabec, Morse, Cavanagh, Steckloff, Scott, Hope and Tyrone Carter introduced

House Bill No. 6366, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406v.

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

Rep. Hall introduced

House Bill No. 6367, entitled

A bill to prohibit local governments from decriminalizing public indecency; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

Rep. Hall introduced

House Bill No. 6368, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 544c, 551, 552, and 553 (MCL 168.544c, 168.551, 168.552, and 168.553), section 544c as amended by 2018 PA 650, section 551 as amended by 2012 PA 276, and section 552 as amended by 2005 PA 71, and by adding sections 551a and 551b.

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

Rep. Harris introduced

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

Announcements by the Clerk

August 29, 2022

Received from the Auditor General a copy of the:

· Financial audit including the report on internal control, compliance, and other matters of the Michigan Independent Citizens Redistricting Commission (MICRC) for the six-month period ended March 31, 2022 and fiscal year ended September 30, 2021 (900-0160-22).

August 30, 2022

Received from the Auditor General a copy of the:

· Single audit report for the State of Michigan for the fiscal year ended September 30, 2021 (000-0100‑22).

Gary L. Randall

Clerk of the House

______

The Clerk declared the House adjourned until Thursday, September 8, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives