STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Tuesday, March 5, 2019.
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.
Afendoulis—present Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—excused Koleszar—present Robinson—present
Allor—present Garza—present Kuppa—present Sabo—present
Anthony—present Gay-Dagnogo—present LaFave—present Schroeder—present
Bellino—present Glenn—present LaGrand—present Shannon—present
Berman—present Green—present Lasinski—present Sheppard—present
Bolden—present Greig—present Leutheuser—present Slagh—present
Bollin—present Griffin—present Liberati—present Sneller—present
Brann—present Guerra—present Lightner—present Sowerby—present
Brixie—present Haadsma—present Lilly—present Stone—present
Byrd—present Hall—present Love—present Tate—present
Calley—present Hammoud—present Lower—present VanSingel—present
Cambensy—present Hauck—present Maddock—present VanWoerkom—present
Camilleri—present Hernandez—present Manoogian—present Vaupel—present
Carter, B.—present Hertel—present Marino—present Wakeman—present
Carter, T.—present Hoadley—present Markkanen—present Warren—present
Chatfield—present Hoitenga—present Meerman—present Webber—present
Cherry—present Hood—present Miller—present Wendzel—present
Chirkun—excused Hope—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—present
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present Inman—present Peterson—present Wozniak—present
Elder—present Johnson, C.—present Pohutsky—present Yancey—present
Ellison—present Johnson, S.—present Rabhi—present Yaroch—present
Farrington—present Jones—present
e/d/s = entered during session
“Blessed
are You God of all creation. We come to You mindful of Your immeasurable
blessings. In a nation of overflowing bounty, You have created a beautiful
exotic place defined and delineated by the life giving resource of water. The
world knows this wondrous place as Michigan; we call it home.
Michigan
is a place of life and growth. Our fields and orchards abound with life to feed
ourselves and countless others. Our plants and factories have created a myriad
of products, helped mobilize humanity, defended freedom, and put the world
on wheels.
Benevolent Creator, You have graced Michigan
with innumerable actors, musicians, inventors, industrialists, pioneers,
exceptional leaders, public servants, and civil rights heroes. Each in their
time and in their own way has contributed to human progress.
It is incumbent upon us, who have benefited
from Your abundance, to make a suitable response. With justifiable pride and in
a spirit of generosity, help us to share the results of Your benevolence. Grant
this body wisdom in their legislation to protect our resources and use them
wisely. Above all, guide the efforts of these legislators to protect and
nurture Michigan’s most precious resource, its residents.
Aware of the many sacred traditions that
hallow our state, we ask these things in all the names by which You are known.
Amen.”
______
The Speaker assumed the Chair.
______
Rep. Rabhi moved that Reps. Chirkun and Garrett be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Garrett, Gay-Dagnogo, Cynthia Johnson, Neeley, Pagan and Sneller offered the following resolution:
House Resolution No. 32.
A resolution to urge the chairs of the House Oversight Committee and the House Government Operations Committee to hold hearings on the improper use of federal Hardest Hit Funds by the Detroit Land Bank Authority and the Detroit Building Authority.
Whereas, The Hardest Hit Funds are provided by the U.S. Department of the Treasury through the Emergency Economic Stabilization Act of 2008 (EESA) or Troubled Asset Relief Program (TARP) to states that have been particularly hard hit by the economic and housing market downturn that began in 2007. The Hardest Hit Fund loan program was created in 2010 to assist states with their foreclosure prevention and neighborhood stabilization efforts; and
Whereas, Michigan has received over $761 million to operate its Hardest Hit Fund programs. The Michigan Homeowner Assistance Nonprofit Housing Corporation (MHA) was created by the Michigan State Housing Development Authority (MSHDA) to design and oversee the distribution of the Hardest Hit Funds in Michigan; and
Whereas, The Hardest Hit Fund Blight Elimination Program was established to assist Michigan communities experiencing high vacancy rates, like Detroit, with identification and demolition of blighted residential properties. Demolishing blighted properties can help stabilize property values by establishing green space and making way for future development; and
Whereas, The Detroit Blight Elimination program has been mired in controversy since its inception. It was reported that demolition prices in Detroit had risen as much as 60 percent from 2014 to 2015. An MHA audit found millions in improper billings from the Detroit Land Bank Authority seeking federal funds for demolition. In 2016, the U.S. Department of Treasury suspended the city’s demolition program for three months due to suspicion of “bid-rigging.” The investigation remains ongoing. Now, reports from early 2019 have shown major violations from contractors hired by the Detroit Land Bank Authority including filling holes with contaminated dirt and failure to properly dispose of materials after demolition; and
Whereas, The state of Michigan has a
responsibility to its citizens to ensure funds are spent appropriately and
public health and welfare are protected. Not only does the improper management
of funds impact those the program is trying to help, but the Detroit Land Bank
Authority receives demolition funds through the MHA and MSHDA, making this a state
issue; now, therefore, be it
Resolved by the House of Representatives, That we urge the chairs of the House Oversight Committee and the House Government Operations Committee to hold hearings on the improper use of federal Hardest Hit Funds by the Detroit Land Bank Authority and the Detroit Building Authority; and be it further
Resolved, That copies of this resolution be transmitted to the chairs of the House Oversight Committee and the House Government Operations Committee.
The resolution was referred to the Committee on Government Operations.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Reps. Hood, Brixie, Pohutsky, Kuppa, Garza, Ellison, LaGrand, Sabo, Sowerby, Rabhi, Bolden, Koleszar, Pagan, Lasinski, Love, Kennedy, Gay-Dagnogo, Whitsett and Sneller offered the following resolution:
House Resolution No. 33.
A resolution to amend the Standing Rules of the House of Representatives.
Resolved by the House of Representatives, That Rule 72A of the Standing Rules of the House of Representatives is hereby added to read as follows:
“ACCESS
TO PUBLIC RECORDS.
RULE
72A. (1) THE PUBLIC RECORDS OF THE HOUSE OF REPRESENTATIVES SHALL BE OPEN FOR
PUBLIC INSPECTION. UPON A WRITTEN REQUEST WHICH DESCRIBES THE PUBLIC RECORD
SUFFICIENTLY TO ENABLE THE HOUSE OF REPRESENTATIVES TO FIND THE PUBLIC RECORD,
A PERSON HAS A RIGHT TO INSPECT, COPY, OR RECEIVE COPIES OF THAT PUBLIC RECORD
OF THE HOUSE OF REPRESENTATIVES. DOCUMENTS SHALL BE AVAILABLE FOR INSPECTION
DURING NORMAL BUSINESS HOURS.
(2) AS
USED IN THIS SECTION, “PUBLIC RECORD” MEANS A WRITING PREPARED, OWNED, USED, IN
THE POSSESSION OF, OR RETAINED BY THE HOUSE OF REPRESENTATIVES IN THE
PERFORMANCE OF AN OFFICIAL FUNCTION, FROM THE TIME IT IS CREATED. PUBLIC RECORD
DOES NOT INCLUDE FINANCIAL RECORDS COVERED UNDER RULE 72 OR COMPUTER SOFTWARE.
(3) AS
USED IN THIS SECTION, “WRITING” MEANS HANDWRITING, TYPEWRITING, PRINTING,
PHOTOSTATING, PHOTOGRAPHING, PHOTOCOPYING, AND EVERY OTHER MEANS OF RECORDING,
AND INCLUDES LETTERS, WORDS, PICTURES, SOUNDS, OR SYMBOLS, OR COMBINATIONS
THEREOF, AND PAPERS, MAPS, MAGNETIC OR PAPER TAPES, PHOTOGRAPHIC FILMS OR
PRINTS, MICROFILM, MICROFICHE, MAGNETIC OR PUNCHED CARDS, DISCS, DRUMS, OR
OTHER MEANS OF RECORDING OR RELATING MEANINGFUL CONTENT.
(4)
THE FOLLOWING INFORMATION CONTAINED IN LEGISLATIVE PUBLIC RECORDS IS EXEMPT
FROM DISCLOSURE UNDER THIS RULE:
(A)
INFORMATION OF A PERSONAL NATURE CONTAINED IN PUBLIC RECORDS WHERE THE PUBLIC
DISCLOSURE OF THE INFORMATION WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION
OF AN INDIVIDUAL’S PRIVACY. SUCH INFORMATION WOULD INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(I) AN EMPLOYEE’S SOCIAL SECURITY ACCOUNT
NUMBER, FINANCIAL INSTITUTION RECORD, ELECTRONIC TRANSFER FUND NUMBER, DEFERRED
COMPENSATION, SAVINGS BONDS, W-2 AND W-4 FORMS, AND ANY COURT-ENFORCED
JUDGMENTS.
(II) AN EMPLOYEE’S HEALTH CARE BENEFIT
SELECTION.
(III) TELEPHONE BILL DETAIL INCLUDING THE
TELEPHONE NUMBER AND NAME OF INDIVIDUAL CALLED.
(IV) UNEMPLOYMENT COMPENSATION AND
WORKERS’ DISABILITY COMPENSATION RECORDS.
(B)
RECORDS AND INFORMATION SPECIFICALLY DESCRIBED AND EXEMPTED FROM DISCLOSURE
UNDER STATUTE OR SUBJECT TO ATTORNEY CLIENT PRIVILEGE;
(C) A
BID OR PROPOSAL BY A PERSON TO ENTER INTO A CONTRACT OR AGREEMENT, UNTIL THE
TIME FOR THE PUBLIC OPENING OF BIDS OR PROPOSALS, OR IF A PUBLIC OPENING IS NOT
TO BE CONDUCTED, UNTIL THE TIME FOR THE RECEIPT OF BIDS OR PROPOSALS HAS
EXPIRED;
(D)
COMMERCIAL OR FINANCIAL INFORMATION OR TRADE SECRETS VOLUNTARILY PROVIDED TO
THE HOUSE OF REPRESENTATIVES;
(E)
COMMUNICATIONS, NOTES, AND ELECTRONIC DATA WITHIN THE HOUSE OF REPRESENTATIVES
OR BETWEEN THE LEGISLATURE AND OTHER PUBLIC BODIES OF AN ADVISORY NATURE;
(F)
INTERNET - USE RECORDS;
(G)
MEDICAL, COUNSELING, OR PSYCHOLOGICAL FACTS OR EVALUATIONS CONCERNING AN INDIVIDUAL
IF THE INDIVIDUAL’S IDENTITY WOULD BE REVEALED BY A DISCLOSURE OF THOSE FACTS
OR EVALUATION, INCLUDING PROTECTED HEALTH INFORMATION, AS DEFINED IN 45 CFR
160.103;
(H)
COMMUNICATIONS, INCLUDING ANY RELATED RECORDS OR INFORMATION, BETWEEN A LEGISLATOR
OR A LEGISLATOR’S OFFICE AND A CONSTITUENT, OTHER THAN A PERSON REQUIRED TO BE
REGISTERED AS A LOBBYIST UNDER 1978 PA 472, MCL 4.411 TO 4.431. FOR THE
PURPOSES OF THIS SECTION, “CONSTITUENT” MEANS ANY OF THE FOLLOWING:
(I) AN INDIVIDUAL WHO IS REGISTERED TO
VOTE IN THE DISTRICT THE LEGISLATOR IS ELECTED TO REPRESENT.
(II) AN
INDIVIDUAL WHO IS A RESIDENT OF THE DISTRICT THE LEGISLATOR IS ELECTED TO
REPRESENT AND WHO IS NOT REGISTERED TO VOTE OUTSIDE OF THAT DISTRICT.
(III) AN INDIVIDUAL OTHER THAN AN INDIVIDUAL
DESCRIBED IN SUBPARAGRAPH (I) OR (II) IF THE INDIVIDUAL INTENDED THAT THE
COMMUNICATION BE WITH THE LEGISLATOR ELECTED TO REPRESENT THE DISTRICT WHERE HE
OR SHE IS REGISTERED TO VOTE OR, IF NOT REGISTERED TO VOTE, RESIDES.
(I)
RECORDS OR INFORMATION PERTAINING TO AN ONGOING INTERNAL OR LEGISLATIVE
INVESTIGATION;
(J)
RECORDS OR INFORMATION RELATING TO A CIVIL ACTION IN WHICH THE HOUSE OF
REPRESENTATIVES IS A PARTY UNTIL SUCH LITIGATION OR CLAIM HAS BEEN FINALLY
ADJUDICATED OR OTHERWISE SETTLED;
(K) RECORDS
OF THE OFFICE OF SERGEANT AT ARMS;
(L)
RECORDS OF THE HOUSE OF REPRESENTATIVES’ SECURITY MEASURES, INCLUDING SECURITY
PLANS, CAPABILITIES, PROCEDURES, MEASURES, PASSWORDS, PASSES, KEYS, AND CODES
AND COMBINATIONS;
(M) RECORDS CREATED, PREPARED, OWNED, USED, IN THE
POSSESSION OF, OR RETAINED BY THE MAJORITY OR MINORITY CAUCUSES OF THE HOUSE OF
REPRESENTATIVES;
(N)
RECORDS CREATED, PREPARED, OWNED, USED, IN THE POSSESSION OF, OR RETAINED PRIOR
TO JANUARY 1, 2019; AND
(O)
ANY OTHER DOCUMENT OR RECORD PROTECTED FROM PUBLIC DISCLOSURE BY AGREEMENT,
CONTRACT, HOUSE RULE, LEGISLATIVE PRIVILEGE, OR LAW.
(5)
THE HOUSE OF REPRESENTATIVES MAY CHARGE A REASONABLE FEE FOR PROVIDING A COPY
OF A PUBLIC RECORD. THE FEE SHALL BE LIMITED TO ACTUAL MAILING COSTS AND TO THE
ACTUAL INCREMENTAL COST OF DUPLICATION OR PUBLICATION INCLUDING LABOR, THE COST
OF SEARCH, EXAMINATION, REVIEW, AND THE DELETION OF EXEMPT FROM NONEXEMPT
INFORMATION. THE FEE SHALL BE CALCULATED IN A MANNER CONSISTENT WITH THE
PROVISIONS OF 1976 PA 442, MCL 15.231 TO 15.246.
(6)
THE HOUSE OF REPRESENTATIVES MAY ALSO CHARGE A REASONABLE FEE FOR PROVIDING FOR
THE INSPECTION OF PUBLIC RECORDS. THIS FEE MAY INCLUDE THE ACTUAL INCREMENTAL
COST OF SUPERVISING THE INSPECTION INCLUDING LABOR, THE COST OF SEARCH,
EXAMINATION, REVIEW, AND THE DELETION OF EXEMPT FROM NONEXEMPT INFORMATION.
(7) THE HOUSE OF REPRESENTATIVES SHALL RESPOND TO
A REQUEST FOR PUBLIC RECORDS WITHIN 5 BUSINESS DAYS BY GRANTING THE REQUEST,
ISSUING A WRITTEN NOTICE DENYING THE REQUEST, OR GRANTING THE REQUEST IN PART
AND ISSUING A WRITTEN NOTICE DENYING THE REQUEST IN PART. THE HOUSE OF
REPRESENTATIVES MAY ISSUE A NOTICE EXTENDING FOR NOT MORE THAN 10 BUSINESS DAYS
THE PERIOD DURING WHICH THE HOUSE OF REPRESENTATIVES SHALL RESPOND TO THE
REQUEST. THE HOUSE OF REPRESENTATIVES SHALL NOT ISSUE MORE THAN 1 NOTICE OF
EXTENSION FOR A PARTICULAR REQUEST.”.
The resolution was referred to the Committee on Government Operations.
Reps. Ellison, Crawford, Haadsma, Pagan, Sneller, Sowerby, Stone and
Warren offered the following resolution:
House Resolution No. 34.
A resolution to declare March 2019 as Ethnic and Cultural Heritage Month in the state of Michigan.
Whereas,
The culture of the people of the state of Michigan has continually been renewed
and enriched by the many different individuals who have chosen to come to
Michigan, become citizens, and call this state their home; and
Whereas, Each individual brings with them a
part of his or her own heritage which over time integrates into one common
heritage, leading us to become a united people; and
Whereas, A unified people with one common heritage, we represent the past, present, and future traditions of our great state; and
Whereas, As united citizens, we celebrate Michigan’s heritage with pride and great esteem; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 2019 as Ethnic and Cultural Heritage Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
A bill to amend 2018 PA 57, entitled “Recodified
tax increment financing act,” by amending section 204 (MCL 125.4204).
Was read a third time and
passed, a majority of the members serving voting therefor, by yeas and nays, as
follows:
Roll Call No. 8 Yeas—108
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Stone
Byrd Hammoud Love Tate
Calley Hauck Lower VanSingel
Cambensy Hernandez Maddock VanWoerkom
Camilleri Hertel Manoogian Vaupel
Carter, B. Hoadley Marino Wakeman
Carter, T. Hoitenga Markkanen Warren
Chatfield Hood Meerman Webber
Cherry Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O’Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson, C. Peterson Wozniak
Ellison Johnson, S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Nays—0
In The Chair: Wentworth
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.
A
bill to amend 1947 PA 359, entitled “The charter township act,” by amending
section 13a (MCL 42.13a), as amended by 2012 PA 191.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 9 Yeas—108
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Stone
Byrd Hammoud Love Tate
Calley Hauck Lower VanSingel
Cambensy Hernandez Maddock VanWoerkom
Camilleri Hertel Manoogian Vaupel
Carter, B. Hoadley Marino Wakeman
Carter, T. Hoitenga Markkanen Warren
Chatfield Hood Meerman Webber
Cherry Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O’Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson, C. Peterson Wozniak
Ellison Johnson, S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Nays—0
In The Chair: Wentworth
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.
Second Reading of Bills
A bill to make,
supplement, and adjust appropriations for certain capital outlay projects for
the fiscal year ending September 30, 2019; to provide for expenditure of the
appropriations; and to prescribe certain conditions for the appropriations.
Was read a second time,
and the question being on the adoption of the proposed substitute (H-1)
previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Green moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Introduction of Bills
Reps. Markkanen, LaFave, Cambensy, Paquette, Bellino, Allor, Berman and Wozniak introduced
House Bill No. 4289, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2016 PA 245.
The bill was read a first time by its title and referred to the Committee on Transportation.
House Bill No. 4290, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 1b.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Reps. Calley, Sabo, Pagan, Vaupel and Hope introduced
House Bill No. 4291, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33 and 34 (MCL 169.233 and 169.234), section 33 as amended by 2017 PA 119 and section 34 as amended by 2012 PA 277.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Reps. Webber and Crawford introduced
House Bill No. 4292, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending sections 11, 19, and 25 (MCL 55.271, 55.279, and 55.285), section 11 as amended by 2018 PA 361, section 19 as amended by 2006 PA 510, and section 25 as amended by 2018 PA 330, and by adding section 12.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4293, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.
The bill was read a first time by its title and referred to the Committee on Insurance.
House Bill No. 4294, entitled
A bill to amend 1974 PA 163, entitled “C.J.I.S. policy council act,” by amending section 4 (MCL 28.214), as amended by 2018 PA 66.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Cole 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
House Bill Nos. 4268 4269 4270 4271 4272 4273 4274 4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288
House Joint Resolution F
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, March 5:
Reports of Standing Committees
The
Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4161, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by
amending section 8160 (MCL 600.8160), as amended by 2012 PA 21.
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. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden
Nays: None
The Committee on Judiciary, by Rep. Filler,
Chair, reported
Senate Bill No. 87, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending section 8160 (MCL 600.8160), as amended by 2012 PA 21.
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. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon,
Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report,
submitted by rep. Filler, Chair, of the Committee on Judiciary, was received
and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Filler, LaFave, Farrington,
Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey
and Bolden
The Committee on Military, Veterans and
Homeland Security, by Rep. LaFave, Chair, reported
House Resolution No. 28.
A resolution opposing the lawsuit filed by Michigan’s Attorney General
challenging the President’s emergency declaration to build a wall on the
southern border of the United States.
(For text of resolution, see House Journal No. 19 p. 172.)
With the recommendation that the resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaFave, Mueller, Marino, Afendoulis and Markkanen
Nays: Reps. Tyrone Carter and Manoogian
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaFave, Chair, of the Committee
on Military, Veterans and Homeland Security, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. LaFave, Mueller, Marino,
Afendoulis, Markkanen, Jones, Tyrone Carter and Manoogian
Absent: Rep. Chirkun
Excused: Rep. Chirkun
The Committee on Ways and Means, by Rep. Iden,
Chair, reported
House Bill No. 4066, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” (MCL 29.1
to 29.33) by adding section 3d.
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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd, Neeley and Hertel
Nays: None
The Committee on Ways and Means, by Rep. Iden,
Chair, reported
House Bill No. 4067, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single
state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4h.
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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd, Neeley and Hertel
Nays: None
The Committee on Ways and Means, by Rep. Iden,
Chair, reported
House Bill No. 4112, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of
1998,” (MCL 436.1101 to 436.2303) by adding section 905a.
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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd, Neeley and Hertel
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Iden, Chair, of the Committee on
Ways and Means, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Iden, Lilly, Leutheuser,
Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel
The following report, submitted by Rep. Hornberger, Chair, of the
Committee on Education, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Hornberger, Paquette, Crawford,
Vaupel, Reilly, Hall, Markkanen, O’Malley, Camilleri, Sowerby, Brenda Carter,
Tyrone Carter, Koleszar and Stone
Absent: Rep. Wakeman
Excused: Rep. Wakeman
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheppard, Chair, of the
Committee on Government Operations, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Sheppard, Cole, Lilly, Greig
and Rabhi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee
on Natural Resources and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Howell, Calley, Reilly, Rendon,
Eisen, Sowerby, Cambensy and Pohutsky
Absent: Rep. Wakeman
Excused: Rep. Wakeman
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hernandez, Chair, of the
Committee on Appropriations, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Hernandez, Miller, Inman,
Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green,
Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Hoadley, Love, Pagan, Hammoud,
Peterson, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Webber, Chair, of the Committee
on Regulatory Reform, was received and read:
Meeting held on: Tuesday, March 5, 2019
Present: Reps. Webber, Berman, Crawford,
Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Liberati, Cambensy,
Jones, Garza and Robinson
Absent: Rep. Chirkun
Excused: Rep. Chirkun
Messages from the Governor
The
following message from the Governor was received March 1, 2019 and read:
No. 2019-7
Department
of Agriculture and Rural Development
Department
of Licensing and Regulatory Affairs
Executive
Reorganization
Section 1 of article 5 of the Michigan Constitution of 1963 vests the
executive power of the State of Michigan in the governor.
Section 2 of article 5 of the Michigan Constitution of 1963 empowers the
governor to make changes in the organization of the executive branch of state
government or in the assignment of functions among its units that are necessary
for efficient administration.
To avoid licensing delays and to better coordinate varying sources of
authority for the enforcement of state law, the administration of state laws
relating to marijuana can more effectively and efficiently be administered by a
dedicated state agency.
Changing the organization of the executive branch of state government is
necessary in the interests of efficient administration and effectiveness of
government.
Acting pursuant to the Michigan Constitution of 1963 and Michigan law, I
order the following:
1. Creating the Marijuana Regulatory Agency
(a) The Marijuana Regulatory Agency (the “Agency”) is created as a Type
I agency within the Department of Licensing and Regulatory Affairs (the “Department”).
(b) All of the authorities, powers, duties, functions, and
responsibilities of the Medical Marihuana Licensing Board under the Medical
Marihuana Facilities Licensing Act, 2016 PA 281, as amended, MCL 333.27101 to
333.27801, are transferred by Type I transfer to the Agency. The Medical Marihuana
Licensing Board is abolished.
(c) All of the authorities, powers, duties, functions, and
responsibilities of the Marihuana Advisory Panel under the Medical Marihuana
Facilities Licensing Act, 2016 PA 281, as amended, MCL 333.27101 to 333.27801,
are transferred to the Agency. The Marihuana Advisory Panel is abolished.
(d) Except as provided in section 1(f), all of the authorities, powers,
duties, functions, and responsibilities of the Department, including its Bureau
of Marijuana Regulation, under the following statutes are transferred to the
Agency to be administered by the Agency:
(i) The Michigan Medical Marihuana Act, 2008 IL 1, as amended, MCL
333.26421 to 333.26430.
(ii) The Medical Marihuana
Facilities Licensing Act, 2016 PA 281, as amended, MCL 333.27101 to 333.27801.
(iii) The Marihuana
Tracking Act, 2016 PA 282, as amended, MCL 333.27901 to 333.27904.
(iv) The Michigan Regulation and
Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(e) The Bureau of Marijuana Regulation is abolished.
(f) The authorities, powers, duties, functions, and responsibilities of
the Department to promulgate rules to regulate the cultivation, processing,
distribution, and sale of industrial hemp, under section 8 of the Michigan
Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27958, are
transferred by Type II transfer to the Department of Agriculture and Rural
Development, except that the Agency may promulgate rules to establish
standards, procedures, and requirements for the processing, testing,
transportation, and sale of industrial hemp from marihuana establishments.
(g) The Agency shall exercise all of the authorities, powers, duties,
functions, and responsibilities transferred to the Agency by this order or
otherwise vested in the Agency by law.
(h) The Agency is responsible for implementing the transfers to the
Agency under this order and has the powers and duties necessary to exercise the
powers and duties vested in the Agency by this order or otherwise by law.
2. Administration of the Marijuana Regulatory Agency
(a) The head of the Marijuana Regulatory Agency is an executive director
(the “Executive Director”) appointed by the governor with the advice and
consent of the senate. The Executive Director shall serve at the pleasure of
the governor. A vacancy in the office of Executive Director shall be filled in
the same manner as the original appointment.
(b) The Executive Director shall
subscribe to and file the oath of office required by section 1 of article 11 of
the Michigan Constitution of 1963. The Executive Director shall devote his or
her full time to the performance of the duties of the office of Executive
Director and shall not hold any other office or employment.
(c) The Executive Director must not be interested pecuniarily, directly
or indirectly, in a marihuana establishment. An individual who is not of good
moral character or who has been indicted for, charged with, or convicted of,
pled guilty or no contest to, or forfeited bail concerning any felony or a misdemeanor
involving a controlled substance violation, theft, dishonesty, or fraud under
the laws of this state, any other state, or the United States or a local
ordinance in any state involving a controlled substance violation, dishonesty,
theft, or fraud that substantially corresponds to a misdemeanor in that state
is not eligible to serve as the Executive Director.
(d) The Executive Director shall file with the governor a financial
disclosure statement listing all assets and liabilities, property and business
interests, and sources of income of the Executive Director and his or her
spouse, if any. The financial disclosure statement must be made under oath and
filed at the time of appointment and annually during each year after the
appointment. For four years after the expiration of the Executive Director’s
service as Executive Director, the Executive Director shall not acquire any
direct or indirect interest in, be employed by, or enter into a contract for
services with an applicant, licensee, or marihuana establishment. For two years
after the expiration of the Executive Director’s service as Executive Director,
the Executive Director shall not represent any person or party other than this
state before or against the Agency.
(e) The Executive Director shall comply with the requirements applicable
to a member of the former Medical Marihuana Licensing Board under section 305
of the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended, MCL
333.27305.
(f) The Executive Director shall be the appointing authority for the
employees of the Agency.
(g) The Agency shall hold at least four public meetings each calendar
year for the purpose of hearing complaints and receiving the views of the
public regarding the administration of the authorities, powers, duties,
functions, and responsibilities vested in the Agency by this order or otherwise
by law.
(h) The Executive Director may establish advisory workgroups composed of
members of the public as deemed necessary by the Executive Director to assist
the Agency in performing its functions and responsibilities. The Executive
Director may adopt, reject, or modify any recommendations proposed by an
advisory workgroup.
(i) To the fullest extent permitted by law, an employee, advisor, or
consultant of the Agency involved in the implementation, administration, or
enforcement of the authorities, powers, duties, functions, and responsibilities
transferred to the Agency by this order is not personally liable for any action
at law for damages sustained by a person or entity because of an action
performed or done in the performance of those authorities, powers, duties,
functions, and responsibilities.
3. Other Transfers to Department of Licensing and Regulatory Affairs
(a) The Michigan Unarmed Combat Commission (the “Commission”) is
transferred by Type I transfer to the Department.
(b) Except as otherwise provided by this order, all of the authorities,
powers, duties, functions, and responsibilities of the Department under the
Michigan Unarmed Combat Regulatory Act, 2004 PA 403, as amended, MCL 338.3601
to 338.3661a, are transferred to the Commission.
(c) The authorities, powers, duties, functions, and responsibilities of
the director of the Department under sections 20(5) to 20(7), 22(5)(a), 41(1),
43(1), and 45(5) of the Michigan Unarmed Combat Regulatory Act, 2004 PA 403, as
amended, MCL 338.3620(5) to 338.3620(7), 338.3622(5)(a), 338.3641(1),
338.3643(1), and 338.3645(5), are transferred to the chairperson of the
Commission.
(d) The authorities, powers, duties, functions, and responsibilities of
the director of the Department under sections 22(2) to 22(4), 22(7), 34(d), and
35 of the Michigan Unarmed Combat Regulatory Act, 2004 PA 403, as amended, MCL
338.3622(2) to 338.3622(4), 338.3622(7), 338.3634(d), and 338.3635, are
transferred to the Commission.
(e) As a Type I agency, the
Commission shall exercise its prescribed powers, duties, responsibilities,
functions, and any rule-making, licensing, and registration, including the
prescription of any rules, rates, and regulations and standards, and
adjudication, including those transferred to the Commission under this order,
independently of the director of the Department. The budgeting, procurement,
and related management functions of the Commission shall be performed under the
direction and supervision of the director of the Department. The director of
the Department shall be the appointing authority for employees of the
Commission.
4. Definitions
As used in this order:
(a) “Applicant” means that term as defined under section 102(c) of the
Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended, MCL
333.27102(c), and also includes an applicant under the Michigan Medical
Marihuana Act, 2008 IL 1, as amended, MCL 333.26421 to 333.26430, and the
Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to
333.27967.
(b) “Department of Agriculture and Rural Development” means principal
department of state government created under section 1 of 1921 PA 13, MCL
285.1, and section 175 of the Executive Organization Act of 1965, 1965 PA 380,
MCL 16.275, and renamed by Executive Order 2011-2, MCL 285.11.
(c) “Department of Licensing and Regulatory Affairs” means the principal
department of state government originally created as the Department of Commerce
under section 225 of the Executive Organization Act of 1965, 1965 PA 380, as
amended, MCL 16.325, renamed as the Department of Consumer and Industry
Services by Executive Order 1996-2, MCL 445.2001, renamed the Department of
Labor and Economic Growth by Executive Order 2003-18, MCL 445.2011, renamed the
Department of Energy, Labor, and Economic Growth by Executive Order 2008-20,
MCL 445.2025, and renamed the Department of Licensing and Regulatory Affairs by
Executive Order 2011-4, MCL 445.2030.
(d) “Licensee” means that term as
defined under section 102(h) of the Medical Marihuana Facilities Licensing Act,
2016 PA 281, as amended, MCL 333.27102(h), and includes a licensee as defined
under section 3(d) of the Michigan Regulation and Taxation of Marihuana Act,
2018 IL 1, MCL 333.27953(d).
(e) “Marihuana Advisory Panel” means the public body created under
section 810 of the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as
amended, MCL 333.27101 to 333.27801.
(f) “Marihuana” means that term as defined in section 3(e) of the
Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953(e),
including marihuana as defined in section 7106 of the Public Health Code, 1978
PA 368, as amended, MCL 333.7106. For purposes of this order, “marihuana” and “marijuana”
are synonymous.
(g) “Marihuana establishment” means
that term as defined in section 3(h) of the Michigan Regulation and Taxation of
Marihuana Act, 2018 IL 1, MCL 333.27953(3), or any marihuana facility as
defined in section 102(j) of the Medical Marihuana Facilities Licensing
Act, 2016 PA 281, as amended, MCL 333.27102.
(h) “Medical Marihuana Licensing Board” means the board created within
the Department of Licensing and Regulatory Affairs under section 301 of the
Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended, MCL
333.27301.
(i) “Michigan Unarmed Combat Commission” means the commission created
within the Department of Licensing and Regulatory Affairs under section 20 of
the Michigan Unarmed Combat Regulatory Act, 2004 PA 403, as amended, MCL
338.3620.
(j) “State Budget Director” means the individual appointed by the
governor under section 321 of The Management and Budget Act, 1984 PA 431, as
amended, MCL 18.1321.
(k) “Type I agency” means an agency established consistent with section
3(a) of the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL
16.103.
(l) “Type I transfer” means that term as defined under section 3(a) of
the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103(a).
(m) “Type II transfer”
means that term as defined under section 3(b) of the Executive Organization Act
of 1965, 1965 PA 380, as amended, MCL 16.103(b).
5. Implementation
(a) The director of each applicable department shall provide executive
direction and supervision for the implementation of all transfers to the director’s
department under this order.
(b) Except as otherwise provided in this order, the functions and
responsibilities transferred to a department under this order shall be
administered under the direction and supervision of the director of that
department.
(c) Any records, personnel, property, and unexpended balances of
appropriations, allocations, and other funds used, held, employed, available,
or to be made available to any entity for the authority, activities, powers,
duties, functions, and responsibilities transferred to a department or agency
under this order, are transferred to that department or agency.
(d) The director of a department shall administer the functions and
responsibilities transferred to the department under this order in such ways as
to promote efficient administration and shall make internal organizational
changes as administratively necessary to complete the realignment of
responsibilities under this order.
(e) State departments, agencies, and state officers shall fully and actively
cooperate with and assist each director of a department receiving functions or
responsibilities under this order with implementation responsibilities under
this order. The director of a department or Executive Director of the Agency
receiving functions or responsibilities under this order may request the
assistance of other state departments, agencies, and officers with respect to
personnel, budgeting, procurement, telecommunications, information systems,
legal services, and other management-related functions, and the departments,
agencies, and officers shall provide that assistance.
(f) The State Budget Director shall determine and authorize the most
efficient manner possible for handling financial transactions and records in
this state’s financial management system necessary to implement this order.
(g) A rule, regulation, order, contract, or agreement relating to a
function or responsibility transferred under this order lawfully adopted or
entered into before the effective date of this order shall continue to be
effective until revised, amended, repealed, or rescinded.
(h) This order does not limit any privileges, rights, immunities, or
defenses of a person as provided in the Michigan Medical Marihuana Act, 2008 IL
1, as amended, MCL 333.26421 to 333.26430, the Medical Marihuana Facilities
Licensing Act, 2016 PA 281, as amended, MCL 333.27101 to 333.27801, the
Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to
333.27967, or any other law of this state regulating marihuana.
(i) This order does not abate any
criminal action commenced by this state before the effective date of this
order.
(j) 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.
(k) If any portion of this order is found to be unenforceable, the
unenforceable provision should be disregarded and the rest of the order should
remain in effect as issued.
(l) Consistent with section 2 of article 5 of the Michigan Constitution
of 1963, this order is effective April 30, 2019 at 12:01 a.m.
Given under my hand and the
great seal of the State of Michigan.
Date: March 1, 2019
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
Communications from State Officers
March
1, 2019
Per Public Act 1 of 1936, Section 421.28l, the
Unemployment Agency shall submit to the Governor, the Secretary of the Senate,
and the Clerk of the House of Representatives for referral to the Chair and Minority
Vice-Chair of the appropriate committees an annual report regarding shared-work
plans under sections 28b to 28m.
Please find that report attached.
Jeffrey A. Cassidy, Legislative Liaison
201
N. Washington Sq. | Lansing, MI
48913
Phone: 517-290-3226 | Email: cassidyj1@michigan.gov
Talent Investment Agency (TIA)
The communication was referred to
the Clerk.
______
Rep. Shannon moved that the House adjourn.
The motion prevailed, the time being 2:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 6, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives