No. 43

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Tuesday, May 7, 2019.

 

1:30 p.m.

 

The House was called to order by Associate Speaker Pro Tempore Lilly.

 

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—present           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—present           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

Pastor Peter Vorhes, Administrative Interim Minister of Gloria Dei Lutheran Church in Hancock, offered the following invocation:

 

“Gracious and loving God, This is the day that You have made, let us rejoice and be glad in it!

Thank You for the beauty of Your creation in our state, so evident in the drive from winter into spring, from the far reaches of the UP to our capital city. Help us all to be good stewards of these gifts.

Bless and guide the members of this House, that they may do their work in a spirit of wisdom, kindness, and justice. Help them to use their authority to serve faithfully and to work together for the general well-being of all the people of Michigan.

Let Your love be known by all the members of this House, and those close to them, in all of their personal needs and challenges.

Guide and protect the members of the Michigan State Police; keep them safe in their work and effective in serving the people of this state.

All this and whatever else You know that we need we ask in Your holy name. Amen.”

 

 

______

 

 

The Speaker assumed the Chair.

 

 

Motions and Resolutions

 

 

Reps. Calley, Allor, Chirkun, Clemente, Crawford, Haadsma, Hope, Jones, Kuppa, Pagan, Rendon, Sabo, Shannon, Sneller, Sowerby, Warren and Whitsett offered the following resolution:

House Resolution No. 91.

A resolution to May 5-11, 2019, as Correctional Officers Week in the state of Michigan.

Whereas, No group of Americans has a more difficult or less publicly visible job than the brave men and women who work in our correctional facilities. Correctional officers who work in jails and prisons are currently responsible for the safety, containment, and control of more than 40,000 prisoners in Michigan. Correctional officers must protect inmates from violence from fellow prisoners, while encouraging them to develop skills and attitudes that can help them become productive members of society after their release; and

Whereas, The general public should fully appreciate correctional officials’ capable handling of the physical and emotional demands made upon them daily. Their profession requires careful and constant vigilance and the threat of violence is always present. At the same time, these dedicated employees try to improve the living conditions of those who are being confined; and

Whereas, It is appropriate that we honor the correctional officers in all our institutions, at all levels of government, for their invaluable contributions to our society; and

Whereas, Correctional facilities require staffing throughout each hour of the year, which leads to overtime and sacrifices made, not just by the correctional officers, but by their family members who should also be commended for the time they forfeit for the sake of public safety; and

Whereas, Both state and national observances of this week will focus on increasing public awareness and the important contributions of correctional officers nationwide; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 5 -11, 2019, as Correctional Officers Week in the state of Michigan; and be it further

Resolved, That correctional officers across this state be commended for their outstanding contributions to public safety.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

______

 

 

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

 

 

Rep. Cole moved to vacate the enrollment of House Bill No. 4131.

The motion prevailed.

Messages from the Senate

 

 

House Bill No. 4131, entitled

A bill to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 197d.

(The bill was enrolled on May 2, see House Journal No. 42, p. 495.)

 

 

House Bill No. 4131, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 197d.

The Senate has amended the bill as follows:

1.  Amend page 2, following line 11, by inserting:

(2) THIS SECTION DOES NOT APPLY TO SKILLED NURSING FACILITY STAFF PERFORMING DUTIES REQUIRED OF SKILLED NURSING FACILITIES UNDER STATE AND FEDERAL LAWS, RULES, AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, SECTION 20201(2) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.20201, 42 CFR 483.10, AND 42 CFR 483.12, THAT GUARANTEE THE RIGHTS OF SKILLED NURSING FACILITY RESIDENTS.” and renumbering the remaining subsections.

The Senate has passed the bill as amended, 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.

Rep. Cole moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

 

 

Roll Call No. 81                                     Yeas—109

 

 

Afendoulis                         Filler                        Jones                                     Reilly

Albert                                Frederick                 Kahle                                     Rendon

Alexander                          Garrett                     Kennedy                                Robinson

Allor                                 Garza                       Koleszar                                Sabo

Anthony                            Gay-Dagnogo           Kuppa                                    Schroeder

Bellino                              Glenn                      LaFave                                   Shannon

Berman                             Green                      Lasinski                                 Sheppard

Bolden                              Greig                       Leutheuser                             Slagh

Bollin                                Griffin                     Liberati                                  Sneller

Brann                                Guerra                     Lightner                                 Sowerby

Brixie                                Haadsma                 Lilly                                       Stone

Byrd                                  Hall                         Love                                      Tate

Calley                                Hammoud                Lower                                    VanSingel

Cambensy                         Hauck                      Maddock                                VanWoerkom

Camilleri                           Hernandez               Manoogian                             Vaupel

Carter, B.                           Hertel                      Marino                                   Wakeman

Carter, T.                           Hoadley                   Markkanen                             Warren

Chatfield                           Hoitenga                  Meerman                               Webber

Cherry                               Hood                       Miller                                     Wendzel

Chirkun                             Hope                       Mueller                                  Wentworth

Clemente                           Hornberger              Neeley                                   Whiteford

Cole                                  Howell                     O’Malley                               Whitsett

Coleman                            Huizenga                 Pagan                                     Wittenberg

Crawford                           Iden                         Paquette                                 Witwer

Eisen                                 Inman                      Peterson                                 Wozniak

Elder                                 Johnson, C.              Pohutsky                                Yancey

Ellison                              Johnson, S.              Rabhi                                     Yaroch

Farrington                                                                                                      

                                                               Nays—1

 

 

LaGrand                                                                                                        

 

 

In The Chair: Hornberger

 

 

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. 4304, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 5a, and 26 (MCL 552.602, 552.605a, and 552.626), section 2 as amended by 2015 PA 256 and sections 5a and 26 as amended by 2002 PA 572.

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

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

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

The motion prevailed.

 

 

House Bill No. 4305, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 2, 2a, 17, and 19 (MCL 552.502, 552.502a, 552.517, and 552.519), section 2 as amended by 2015 PA 253 and sections 2a, 17, and 19 as amended by 2009 PA 233.

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

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

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

The motion prevailed.

 

 

House Bill No. 4045, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4306, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3212 (MCL 600.3212), as amended by 2011 PA 301.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Government Operations,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Rep. Cole moved that House Bill No. 4304 be placed on its immediate passage.

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

House Bill No. 4304, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 5a, and 26 (MCL 552.602, 552.605a, and 552.626), section 2 as amended by 2015 PA 256 and sections 5a and 26 as amended by 2002 PA 572.

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

 

 

Roll Call No. 82                                     Yeas—110

 

 

Afendoulis                         Filler                        Kahle                                     Reilly

Albert                                Frederick                 Kennedy                                Rendon

Alexander                          Garrett                     Koleszar                                Robinson

Allor                                 Garza                       Kuppa                                    Sabo

Anthony                            Gay-Dagnogo           LaFave                                   Schroeder

Bellino                              Glenn                      LaGrand                                Shannon

Berman                             Green                      Lasinski                                 Sheppard

Bolden                              Greig                       Leutheuser                             Slagh

Bollin                                Griffin                     Liberati                                  Sneller

Brann                                Guerra                     Lightner                                 Sowerby

Brixie                                Haadsma                 Lilly                                       Stone

Byrd                                  Hall                         Love                                      Tate

Calley                                Hammoud                Lower                                    VanSingel

Cambensy                         Hauck                      Maddock                                VanWoerkom

Camilleri                           Hernandez               Manoogian                             Vaupel

Carter, B.                           Hertel                      Marino                                   Wakeman

Carter, T.                           Hoadley                   Markkanen                             Warren

Chatfield                           Hoitenga                  Meerman                               Webber

Cherry                               Hood                       Miller                                     Wendzel

Chirkun                             Hope                       Mueller                                  Wentworth

Clemente                           Hornberger              Neeley                                   Whiteford

Cole                                  Howell                     O’Malley                               Whitsett

Coleman                            Huizenga                 Pagan                                     Wittenberg

Crawford                           Iden                         Paquette                                 Witwer

Eisen                                 Inman                      Peterson                                 Wozniak

Elder                                 Johnson, C.              Pohutsky                                Yancey

Ellison                              Johnson, S.              Rabhi                                     Yaroch

Farrington                         Jones                                                                    

 

 

                                                               Nays—0

 

 

In The Chair: Hornberger

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Cole moved that House Bill No. 4305 be placed on its immediate passage.

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

 

House Bill No. 4305, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 2, 2a, 17, and 19 (MCL 552.502, 552.502a, 552.517, and 552.519), section 2 as amended by 2015 PA 253 and sections 2a, 17, and 19 as amended by 2009 PA 233.

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

Roll Call No. 83                                     Yeas—110

 

 

Afendoulis                         Filler                        Kahle                                     Reilly

Albert                                Frederick                 Kennedy                                Rendon

Alexander                          Garrett                     Koleszar                                Robinson

Allor                                 Garza                       Kuppa                                    Sabo

Anthony                            Gay-Dagnogo           LaFave                                   Schroeder

Bellino                              Glenn                      LaGrand                                Shannon

Berman                             Green                      Lasinski                                 Sheppard

Bolden                              Greig                       Leutheuser                             Slagh

Bollin                                Griffin                     Liberati                                  Sneller

Brann                                Guerra                     Lightner                                 Sowerby

Brixie                                Haadsma                 Lilly                                       Stone

Byrd                                  Hall                         Love                                      Tate

Calley                                Hammoud                Lower                                    VanSingel

Cambensy                         Hauck                      Maddock                                VanWoerkom

Camilleri                           Hernandez               Manoogian                             Vaupel

Carter, B.                           Hertel                      Marino                                   Wakeman

Carter, T.                           Hoadley                   Markkanen                             Warren

Chatfield                           Hoitenga                  Meerman                               Webber

Cherry                               Hood                       Miller                                     Wendzel

Chirkun                             Hope                       Mueller                                  Wentworth

Clemente                           Hornberger              Neeley                                   Whiteford

Cole                                  Howell                     O’Malley                               Whitsett

Coleman                            Huizenga                 Pagan                                     Wittenberg

Crawford                           Iden                         Paquette                                 Witwer

Eisen                                 Inman                      Peterson                                 Wozniak

Elder                                 Johnson, C.              Pohutsky                                Yancey

Ellison                              Johnson, S.              Rabhi                                     Yaroch

Farrington                         Jones                                                                    

 

 

                                                               Nays—0

 

 

In The Chair: Hornberger

 

 

The House agreed to the title of the bill.

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

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

 

 

______

 

 

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

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, May 2:

House Bill Nos.     4538   4539   4540   4541  4542   4543   4544   4545   4546  4547   4548   4549 4550       4551        4552        4553        4554        4555                               4556   4557   4558   4559  4560   4561   4562   4563  4564

The Clerk announced the enrollment printing and presentation to the Governor on Monday, May 6, for her approval of the following bills:

Enrolled House Bill No. 4001 at 11:40 a.m.

Enrolled House Bill No. 4002 at 11:42 a.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 7, for her approval of the following bills:

Enrolled House Bill No. 4244 at 10:45 a.m.

Enrolled House Bill No. 4286 at 10:47 a.m.

 

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

Senate Bill Nos.      296    297    298    299    300    301    302    303    304   305

 

The Clerk announced that the following Senate bills had been received on Tuesday, May 7:

Senate Bill Nos.          1    228

 

 

Reports of Standing Committees

 

 

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

House Bill No. 4269, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278f.

to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, Markkanen, O’Malley and Wakeman

Nays: Reps. Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

The bill and substitute were referred to the Committee on Ways and Means.

 

 

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

House Bill No. 4271, 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 2018 PA 232 and section 1278b as amended by 2018 PA 230.

to the Committee on Ways and Means with the recommendation that the substitute (H-3) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Markkanen, O’Malley, Wakeman, Sowerby, Brenda Carter, Tyrone Carter and Koleszar

Nays: Rep. Hall

The bill and substitute were referred to the Committee on Ways and Means.

 

 

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

House Bill No. 4282, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2018 PA 232.

to the Committee on Ways and Means with the recommendation that the substitute (H-2) be adopted.

Favorable Roll Call

 

To Refer Out:

Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, Markkanen, O’Malley, Wakeman, Sowerby, Brenda Carter and Tyrone Carter

Nays: Rep. Stone

 

 

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

House Bill No. 4368, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by repealing section 160 (MCL 388.1760).

to the Committee on Ways and Means.

 

Favorable Roll Call

 

 

To Refer:

Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, Markkanen, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

Nays: Reps. O’Malley and Wakeman

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

 

 

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

House Bill No. 4369, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1284a (MCL 380.1284a), as added by 2007 PA 101; and to repeal acts and parts of acts.

to the Committee on Ways and Means with the recommendation that the substitute (H-2) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Hornberger, Paquette, Crawford, Reilly, Hall, Markkanen, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

Nays: Reps. Vaupel, O’Malley and Wakeman

The bill and substitute were referred to the Committee on Ways and Means.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 7, 2019

Present: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone

 

 

The Committee on Military, Veterans and Homeland Security, by Rep. LaFave, Chair, referred

House Bill No. 4331, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2018 PA 272.

to the Committee on Judiciary.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. LaFave, Mueller, Marino, Afendoulis, Markkanen, Jones, Chirkun and Tyrone Carter

Nays: Rep. Manoogian

The bill was referred to the Committee on Judiciary.

The Committee on Military, Veterans and Homeland Security, by Rep. LaFave, Chair, referred

House Bill No. 4434, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 227 (MCL 750.227), as amended by 1986 PA 8.

to the Committee on Judiciary with the recommendation that the substitute (H-1) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. LaFave, Mueller, Marino, Afendoulis, Markkanen, Jones, Chirkun, Tyrone Carter and Manoogian

Nays: Rep. None

The bill and substitute were referred to the Committee on Judiciary.

 

 

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, May 7, 2019

Present: Reps. LaFave, Mueller, Marino, Afendoulis, Markkanen, Jones, Chirkun, Tyrone Carter and Manoogian

 

 

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

House Resolution No. 23.

A resolution to declare this legislative body’s policy to protect life by preserving legal protections for unborn children under Michigan law and to recognize that any abortion is a tragic loss of human life.

(For text of resolution, see House Journal No. 16, p. 144.)

With the recommendation that the resolution be adopted.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman and Wozniak

Nays: Reps. LaGrand, Guerra, Elder, Yancey and Bolden

 

 

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

House Bill No. 4320, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168.

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 and Wozniak

Nays: Reps. LaGrand, Guerra, Elder, Yancey and Bolden

 

 

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

House Bill No. 4321, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

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 and Wozniak

Nays: Reps. LaGrand, Guerra, Elder, Yancey and Bolden

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 7, 2019

Present: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden

 

 

The Committee on Ways and Means, by Rep. Iden, Chair, reported

House Bill No. 4056, entitled

A bill to amend 2014 PA 462, entitled “An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances,” by amending section 1 (MCL 28.541).

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. 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. 4095, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 102 (MCL 125.3102), as amended by 2008 PA 12.

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. 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, May 7, 2019

Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

 

 

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, May 7, 2019

Present: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Cambensy, Jones, Garza and Robinson

Absent: Rep. Liberati

Excused: Rep. Liberati

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, May 7, 2019

Present: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon

 

 

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, May 7, 2019

Present: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky

 

 

Messages from the Senate

 

 

Senate Bill No. 1, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 150, 2105, 2108, 2118, 2120, 3101, 3101a, 3104, 3107, 3111, 3112, 3113, 3114, 3115, 3135, 3142, 3148, 3157, 3163, 3172, 3173a, 3174, 3175, and 3177 (MCL 500.150, 500.2105, 500.2108, 500.2118, 500.2120, 500.3101, 500.3101a, 500.3104, 500.3107, 500.3111, 500.3112, 500.3113, 500.3114, 500.3115, 500.3135, 500.3142, 500.3148, 500.3157, 500.3163, 500.3172, 500.3173a, 500.3174, 500.3175, and 500.3177), section 150 as amended by 1992 PA 182, section 2108 as amended by 2015 PA 141, sections 2118 and 2120 as amended by 2007 PA 35, section 3101 as amended by 2017 PA 140, section 3101a as amended by 2018 PA 510, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3113 as amended by 2016 PA 346, section 3114 as amended by 2016 PA 347, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, sections 3172, 3173a, 3174, and 3175 as amended by 2012 PA 204, and section 3177 as amended by 1984 PA 426, and by adding sections 261, 1245, 2116b, 3107c, 3107d, 3107e, 3157a, and 3157b and chapter 63.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Select Committee on Reducing Car Insurance Rates.

 

 

Senate Bill No. 228, entitled

A bill to create a suicide prevention commission within the legislative council and to prescribe its powers and duties; and to prescribe the powers and duties of certain state officers and entities.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

The following message from the Governor was received May 3, 2019 and read:

 

EXECUTIVE ORDER

 

No. 2019-11

 

Declaration of State of Emergency

 

This week southeastern Michigan experienced heavy and damaging rainfall. Wayne County was among the most severely impacted areas. This event created dangerous flooding throughout many areas of Wayne County and caused power outages, hazardous driving conditions, and increased emergency vehicle response time due to inaccessible roadways and bridges. According to the National Weather Service, a flood watch remains in effect through the morning of Friday, May 3, 2019.

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

Under the Emergency Management Act, 1976 PA 390, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.” Therefore, acting pursuant to the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, I order the following:

   1.  A state of emergency is declared for Wayne County.

   2.  The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts and may call upon all state departments to utilize available resources to assist in the designated area pursuant to the Michigan Emergency Management Plan.

   3.  The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than May 13, 2019, unless extended as provided by 1976 PA 390, as amended.

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

    Dated:  May 3, 2019

                                         [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 and read:

 

Notices of Filing

Administrative Rules

 

January 8, 2019

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 Office of Regulatory Reinvention filed Administrative Rule #2018-001-LR (Secretary of State Filing #19-01-20) on this date at 3:08 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Consumer Standards and Billing Practices for Electric and Natural Gas Service”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

January 8, 2019

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 Office of Regulatory Reinvention filed Administrative Rule #2018-017-LR (Secretary of State Filing #19-01-21) on this date at 3:08 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Workers’ Compensation Health Care Services.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

January 8, 2019

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 Office of Regulatory Reinvention filed Administrative Rule #2018-011-LR (Secretary of State Filing #19-01-22) on this date at 3:08 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Survey and Remonumentation General Rules.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Robin L. Houston, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Clerk.

 

 

Introduction of Bills

 

 

Reps. Frederick and Liberati introduced

House Bill No. 4565, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), section 221 as amended by 1998 PA 64 and section 310 as amended by 2018 PA 177.

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

 

 

Reps. Liberati and Frederick introduced

House Bill No. 4566, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305), as amended by 2018 PA 606.

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

 

 

Reps. O’Malley and Lilly introduced

House Bill No. 4567, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 47301, 47302, 47303, 47305, 47306, 47307, and 47308 (MCL 324.47301, 324.47302, 324.47303, 324.47305, 324.47306, 324.47307, and 324.47308), sections 47301, 47302, 47305, 47306, 47307, and 47308 as added by 1995 PA 57 and section 47303 as amended by 2004 PA 587, and by adding section 47304.

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

 

 

Reps. Wendzel, Lilly and O’Malley introduced

House Bill No. 4568, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 47309, 47310, 47311, 47312, 47313, 47314, 47315, 47316, and 47317 (MCL 324.47309, 324.47310, 324.47311, 324.47312, 324.47313, 324.47314, 324.47315, 324.47316, and 324.47317), as added by 1995 PA 57.

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

 

 

Rep. Lilly introduced

House Bill No. 4569, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 47318, 47320, 47321, 47322, 47323, 47324, 47325, 47326, 47327, 47328, 47329, and 48724 (MCL 324.47318, 324.47320, 324.47321, 324.47322, 324.47323, 324.47324, 324.47325, 324.47326, 324.47327, 324.47328, 324.47329, and 324.48724), as added by 1995 PA 57; and to repeal acts and parts of acts.

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

 

 

Reps. Sneller, Brenda Carter, Cherry, Gay-Dagnogo, Ellison, Howell, Neeley, Lasinski, Cynthia Johnson, Mueller, Brixie, Kennedy, O’Malley, Clemente, Elder and Jones introduced

House Bill No. 4570, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending section 32 (MCL 250.1032).

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

Reps. Haadsma, Brixie, Wittenberg, Witwer, Sowerby, Cynthia Johnson, Liberati, Kuppa, Elder, Byrd, Ellison, Sneller, Gay-Dagnogo, Yancey, Garrett and Sabo introduced

House Bill No. 4571, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2082 (MCL 500.2082).

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

 

 

Announcements by the Clerk

 

 

May 3, 2019

Received from the Auditor General a copy of the:

·     Performance audit report on Prisoner Pharmaceuticals, Department of Corrections (471-0325-17), May 2019.

·     Performance audit report on the Michigan Veterans’ Trust Fund, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs (511-0410-18), May 2019.

                                                                                       Gary L. Randall

                                                                                       Clerk of the House

 

 

______

 

 

Rep. Lilly moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

 

Associate Speaker Pro Tempore Hornberger declared the House adjourned until Wednesday, May 8, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives