STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2019
House Chamber, Lansing, Thursday, December 5, 2019.
12:00 Noon.
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, December 4:
House Bill Nos. 5267 5268 5269 5270 5271
The
Clerk announced that the following Senate bills had been received on Wednesday,
December 4:
Senate Bill
Nos. 376 377 616 618
The
Clerk announced that the following Senate bills had been received on Thursday,
December 5:
Senate
Bill Nos. 125 253 321 493 494
Reports of Standing Committees
The
Committee on Ways and Means, by Rep. Iden, Chair, reported
House
Bill No. 4181, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections
320a, 602b, 602c, and 732 (MCL 257.320a, 257.602b, 257.602c, and 257.732),
section 320a as amended by 2018 PA 349, section 602b as amended by 2016 PA 332,
section 602c as added by 2012 PA 592, and section 732 as amended by 2017 PA
160.
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
and Hertel
Nays:
None
The
Committee on Ways and Means, by Rep. Iden, Chair, reported
House
Bill No. 4198, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections
602b and 602c (MCL 257.602b and 257.602c), section 602b as amended by 2016 PA
332 and section 602c as added by 2012 PA 592.
With
the recommendation that the substitute (H-5) 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
and Hertel
Nays:
None
The
Committee on Ways and Means, by Rep. Iden, Chair, reported
House
Bill No. 4199, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections
602b and 907 (MCL 257.602b and 257.907), section 602b as amended by 2016 PA 332
and section 907 as amended by 2015 PA 126.
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
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: Wednesday, December 4, 2019
Present:
Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd
and Hertel
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Vaupel, Chair, of the Committee on Health
Policy, was received and read:
Meeting
held on: Thursday, December 5, 2019
Present:
Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford,
Afendoulis, Mueller, Ellison, Koleszar, Pohutsky, Stone and Witwer
Absent:
Reps. Filler, Wozniak, Liberati, Garrett and Clemente
Excused:
Reps. Filler, Wozniak, Liberati, Garrett and Clemente
Messages from the Senate
A bill to amend 1995 PA 29,
entitled “Uniform unclaimed property act,” by amending section 18 (MCL
567.238), as amended by 2010 PA 197.
The Senate has passed the bill.
The bill was read a first time by
its title and referred to the Committee on Military, Veterans and Homeland
Security.
A bill
to amend 1846 RS 81, entitled “Of fraudulent conveyances and contracts,
relative to goods, chattels, and things in action,” by amending section 2 (MCL
566.132), as amended by 1992 PA 245.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Judiciary.
A bill
to amend 2004 PA 177, entitled “Michigan law enforcement officers memorial act,”
by amending section 5 (MCL 28.785), as amended by 2013 PA 242.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Judiciary.
A bill
to make, supplement, and adjust appropriations for various state departments
and agencies for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
A bill
to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending
sections 11, 20, 22b, 22d, 25f, 25g, 31a, 35a, 236, 251, and 252 (MCL 388.1611,
388.1620, 388.1622b, 388.1622d, 388.1625f, 388.1625g, 388.1631a, 388.1635a,
388.1836, 388.1851, and 388.1852), sections 11, 20, 22b, 31a, and 35a as
amended by 2019 PA 58, sections 22d, 25f, 25g, and 252 as amended by 2018 PA
265, and sections 236 and 251 as amended by 2019 PA 62, and by adding sections
35c, 54e, and 97.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
A bill
to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending
section 16 (MCL 207.856), as amended by 2015 PA 218.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Commerce and Tourism.
A bill
to amend 1978 PA 255, entitled “Commercial redevelopment act,” by amending
section 18 (MCL 207.668), as amended by 2008 PA 227.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Commerce and Tourism.
A bill
to amend 1921 PA 2, entitled “An act to promote the efficiency of the
government of the state, to create a state administrative board, to define the
powers and duties thereof, to provide for the transfer to said board of powers
and duties now vested by law in other boards, commissions, departments and
officers of the state, and for the abolishing of certain of the boards,
commissions, departments and offices, whose powers and duties are hereby
transferred,” by amending section 3 (MCL 17.3).
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Government Operations.
A bill
to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to
18.1594) by adding section 365.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Government Operations.
Time: 2:13 p.m.
To the Speaker of the House of
Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4451 (Public Act No. 139, I.E.), being
An act to amend 1956 PA 218, entitled “An act to revise, consolidate,
and classify the laws relating to the insurance and surety business; to
regulate the incorporation or formation of domestic insurance and surety
companies and associations and the admission of foreign and alien companies and
associations; to provide their rights, powers, and immunities and to prescribe
the conditions on which companies and associations organized, existing, or
authorized under this act may exercise their powers; to provide the rights,
powers, and immunities and to prescribe the conditions on which other persons,
firms, corporations, associations, risk retention groups, and purchasing groups
engaged in an insurance or surety business may exercise their powers; to
provide for the imposition of a privilege fee on domestic insurance companies
and associations and the state accident fund; to provide for the imposition of
a tax on the business of foreign and alien companies and associations; to
provide for the imposition of a tax on risk retention groups and purchasing
groups; to provide for the imposition of a tax on the business of surplus line
agents; to provide for the imposition of regulatory fees on certain insurers;
to provide for assessment fees on certain health maintenance organizations; to
modify tort liability arising out of certain accidents; to provide for limited
actions with respect to that modified tort liability and to prescribe certain
procedures for maintaining those actions; to require security for losses
arising out of certain accidents; to provide for the continued availability and
affordability of automobile insurance and homeowners insurance in this state
and to facilitate the purchase of that insurance by all residents of this state
at fair and reasonable rates; to provide for certain reporting with respect to
insurance and with respect to certain claims against uninsured or self-insured
persons; to prescribe duties for certain state departments and officers with
respect to that reporting; to provide for certain assessments; to establish and
continue certain state insurance funds; to modify and clarify the status,
rights, powers, duties, and operations of the nonprofit malpractice insurance
fund; to provide for the departmental supervision and regulation of the insurance
and surety business within this state; to provide for regulation over worker’s
compensation self-insurers; to provide for the conservation, rehabilitation, or
liquidation of unsound or insolvent insurers; to provide for the protection of
policyholders, claimants, and creditors of unsound or insolvent insurers; to
provide for associations of insurers to protect policyholders and claimants in
the event of insurer insolvencies; to prescribe educational requirements for
insurance agents and solicitors; to provide for the regulation of multiple
employer welfare arrangements; to create an automobile theft prevention
authority to reduce the number of automobile thefts in this state; to prescribe
the powers and duties of the automobile theft prevention authority; to provide
certain powers and duties upon certain officials, departments, and authorities
of this state; to provide for an appropriation; to repeal acts and parts of
acts; and to provide penalties for the violation of this act,” (MCL 500.100 to
500.8302) by adding section 3406u.
(Filed with the Secretary of
State December 5, 2019, at 9:26 a.m.)
Time: 2:11 p.m.
To the
Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4710 (Public Act No. 140,
I.E.), being
An act
to amend 1978 PA 368, entitled “An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of health
care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or
consolidation of hospitals or services; to provide for the collection and use
of data and information; to provide for the transfer of property; to provide
certain immunity from liability; to regulate and prohibit the sale and offering
for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of this
act on specific dates,” by amending the heading of part 165 and sections 16215,
16322, 16501, 16511, 16521, 16525, and 16529 (MCL 333.16215, 333.16322,
333.16501, 333.16511, 333.16521, 333.16525, and 333.16529), section 16215 as
amended by 2005 PA 211, sections 16322, 16501, 16525, and 16529 as added by
2006 PA 30, section 16511 as amended by 2006 PA 397, and section 16521 as
amended by 2010 PA 79, and by adding sections 16513, 16515, and 16517.
(Filed
with the Secretary of State December 5, 2019, at 9:28 a.m.)
Time: 2:09 p.m.
To the
Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5084 (Public Act No. 141,
I.E.), being
An act
to amend 2009 PA 75, entitled “An act to provide for the licensing of mortgage
loan originators; to regulate the business practices of mortgage loan
originators; to establish certain obligations of employees and principals of
mortgage loan originators; to prescribe the powers and duties of certain state
agencies and officials; and to provide remedies and prescribe penalties,” by
amending sections 3 and 5 (MCL 493.133 and 493.135), section 3 as amended by
2012 PA 150 and section 5 as amended by 2014 PA 421, and by adding sections 5a,
5b, and 5c.
(Filed
with the Secretary of State December 5, 2019, at 9:30 a.m.)
Introduction of Bills
Reps. Wakeman, Mueller, Wozniak,
Marino, Markkanen, Chirkun, Cambensy, Eisen, Lightner and Jones introduced
House Bill No. 5272, entitled
A bill to amend 1927 PA 372, entitled “An act
to regulate and license the selling, purchasing, possessing, and carrying of
certain firearms, gas ejecting devices, and electro-muscular disruption
devices; to prohibit the buying, selling, or carrying of certain firearms, gas
ejecting devices, and electro-muscular disruption devices without a license or
other authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to provide for
penalties and remedies; to provide immunity from civil liability under certain
circumstances; to prescribe the powers and duties of certain state and local
agencies; to prohibit certain conduct against individuals who apply for or
receive a license to carry a concealed pistol; to make appropriations; to
prescribe certain conditions for the appropriations; and to repeal all acts and
parts of acts inconsistent with this act,” by amending sections 5b and 5o (MCL
28.425b and 28.425o), as amended by 2017 PA 95.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5273, entitled
A bill to amend 1976 PA 331, entitled “Michigan
consumer protection act,” by amending section 3 (MCL 445.903), as amended by
2018 PA 211, and by adding section 3m.
The bill was read a first time by its title
and referred to the Committee on Agriculture.
House Bill No. 5274, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 907 (MCL 257.907), as amended by 2015 PA 126.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5275, entitled
A bill to amend 1927 PA 372, entitled “An act
to regulate and license the selling, purchasing, possessing, and carrying of
certain firearms, gas ejecting devices, and electro-muscular disruption
devices; to prohibit the buying, selling, or carrying of certain firearms, gas
ejecting devices, and electro-muscular disruption devices without a license or
other authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to provide for
penalties and remedies; to provide immunity from civil liability under certain
circumstances; to prescribe the powers and duties of certain state and local
agencies; to prohibit certain conduct against individuals who apply for or
receive a license to carry a concealed pistol; to make appropriations; to
prescribe certain conditions for the appropriations; and to repeal all acts and
parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12,
and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as
amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as
amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a
as added by 2010 PA 295.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5276, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending sections 223 and 232a (MCL 750.223 and
750.232a), section 223 as amended by 2012 PA 242 and section 232a as amended by
1990 PA 321.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5277, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending sections 11b and 16m of chapter XVII
(MCL 777.11b and 777.16m), section 11b as amended by 2016 PA 234 and section 16m
as amended by 2018 PA 637.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
Reps. Warren, Lasinski, Tate, Brixie, Hammoud
and Robinson introduced
House Bill No. 5278, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” (MCL 257.1 to 257.923) by adding section 811jj.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5279, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” by amending section 241 (MCL 18.1241), as amended
by 2012 PA 430, and by adding section 241d.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5280, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1268.
The bill was read a first time by its title
and referred to the Committee on Education.
Reps. Hoadley, Rabhi, Warren, Cherry, Kennedy,
Hood, Guerra, Camilleri and Hammoud introduced
House Bill No. 5281, entitled
A bill to amend 1909 PA 279, entitled “The
home rule city act,” (MCL 117.1 to 117.38) by adding section 4v.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
Reps. Rabhi, Hoadley, Warren, Cherry, Kennedy,
Hood, Guerra, Camilleri and Hammoud introduced
House Bill No. 5282, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending sections 321, 576a, 580, 736b, 736c, 736d, 736e,
736f, 764, and 795 (MCL 168.321, 168.576a, 168.580, 168.736b, 168.736c,
168.736d, 168.736e, 168.736f, 168.764, and 168.795), section 321 as amended by
2018 PA 627, section 580 as amended by 1985 PA 160, sections 736b, 736c, 736d,
and 736e as amended by 2018 PA 190, sections 736f and 764 as added by 2012
PA 128, and section 795 as amended by 2018 PA 127, and by adding sections 640
and 736h.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
House Bill No. 5283, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 810 (MCL 257.810), as amended by 2003 PA
152.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5284, entitled
A bill to amend 1951 PA 51, entitled “An act
to provide for the classification of all public roads, streets, and highways in
this state, and for the revision of that classification and for additions to
and deletions from each classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels; to provide
for the allocation of funds from the Michigan transportation fund and the use
and administration of the fund for transportation purposes; to promote safe and
efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other
legal users of roads, streets, and highways; to set up and establish the truck
safety fund; to provide for the allocation of funds from the truck safety fund
and administration of the fund for truck safety purposes; to set up and
establish the Michigan truck safety commission; to establish certain standards
for road contracts for certain businesses; to provide for the continuing review
of transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for
appropriations and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund, local bridge
fund, comprehensive transportation fund, and certain other funds; to provide
for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan transportation
fund grants; to provide for review and approval of transportation programs; to
provide for submission of annual legislative requests and reports; to provide
for the establishment and functions of certain advisory entities; to provide
for conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” by amending section
10 (MCL 247.660), as amended by 2018 PA 471, and by adding section 10i.
The bill was read a first time by its title
and referred to the Committee on Transportation.
Reps. Yaroch and Hornberger introduced
House Bill No. 5285, entitled
A bill to amend 2010 PA 296, entitled “Art
institute authorities act,” by amending the title and sections 3 and 17 (MCL
123.1203 and 123.1217).
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
Rep. Steven Johnson introduced
House Bill No. 5286, entitled
A bill to prohibit political subdivisions in
this state from imposing certain restrictions on the transportation,
possession, carrying, sale, transfer, purchase, gift, devise, licensing,
registration, manufacturing, or use of knives or components of knives.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
______
The
Clerk declared the House adjourned until Tuesday, December 10, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of
Representatives