No. 9

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Tuesday, January 28, 2020.

 

1:30 p.m.

 

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

 

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

 

 

Afendoulis—present       Filler—present              Jones—present             Reilly—present

Albert—present             Frederick—present        Kahle—present             Rendon—present

Alexander—present        Garrett—present           Kennedy—present        Robinson—present

Allor—present               Garza—present             Koleszar—present         Sabo—present

Anthony—present          Gay-Dagnogo—excused Kuppa—present            Schroeder—present

Bellino—present            Glenn—present             LaFave—present           Shannon—present

Berman—present           Green—present             LaGrand—present         Sheppard—present

Bolden—present            Greig—present             Lasinski—present         Slagh—present

Bollin—present              Griffin—present           Leutheuser—present     Sneller—present

Brann—present              Guerra—present           Liberati—present          Sowerby—present

Brixie—present              Haadsma—present        Lightner—present         Stone—present

Byrd—present               Hall—present               Lilly—present              Tate—present

Calley—present             Hammoud—present      Love—present              VanSingel—present

Cambensy—present        Hauck—present            Lower—present            VanWoerkom—present

Camilleri—present         Hernandez—present      Maddock—present        Vaupel—present

Carter, B.—present         Hertel—present            Manoogian—present     Wakeman—present

Carter, T.—present         Hoadley—present         Marino—present           Warren—present

Chatfield—present         Hoitenga—present        Markkanen—present     Webber—present

Cherry—present             Hood—present             Meerman—present        Wendzel—present

Chirkun—present           Hope—present             Miller—present            Wentworth—present

Clemente—present         Hornberger—present     Mueller—present          Whiteford—present

Cole—present                Howell—present           O’Malley—present       Whitsett—present

Coleman—present          Huizenga—present        Pagan—excused           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                                                                               

 

 

e/d/s = entered during session

Rep. Thomas A. Albert, from the 86th District, offered the following invocation:

 

“At the Wedding at Cana, when the wine had run short, Mary, the Mother of God, told Jesus, ‘They have no wine.’ (John 2:3). Jesus replied saying, ‘Woman, how does your concern affect me? My hour has not yet come.’ (John 2:4). In response to this rebuke Mary responded in both obedience and faith by turning to the servers and saying simply, ‘Do whatever he tells you.’ (John 2:5). Sister Lucia of Fatima has described Mary’s words at Cana as ‘Mary’s Commandment.’ This command is for us to not desire our own will, but the will of God. May all of us who are entrusted to work on behalf of the people of Michigan follow our Mother’s example in working to fulfill the will of our Father. Please join with me in asking our Mother, the Mother of God, to pray for us.

Hail Mary full of Grace, the Lord is with thee.

Blessed are thou amongst women and blessed is the fruit of thy womb Jesus.

Holy Mary Mother of God,

pray for us sinners now and at the hour of our death. Amen.”

 

 

______

 

 

Rep. Rabhi moved that Reps. Gay-Dagnogo and Pagan be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Howell, Calley, Ellison, Garza and Sabo offered the following resolution:

House Resolution No. 224.

A resolution to declare January 2020 as School Board Recognition Month in the state of Michigan.

Whereas, Michigan is home to more than 600 boards of education that work hard to enrich the lives of Michigan’s students through education and who directly influence instruction in Michigan’s public schools; and

Whereas, Article VII, Section 2, of the Michigan Constitution of 1963 states that providing for the education of Michigan’s children is a fundamental duty of state government; and

Whereas, Our state’s public education system is designed to meet the educational needs of all children and to empower them to become competent, productive contributors to society in this everchanging world; and

Whereas, Members of local school boards are dedicated to children, learning, and community, and devote many hours of service to elementary and secondary public education as they continually strive for improvement, excellence, and progress in education; and

Whereas, Local school boards recognize that all children can be successful learners, especially when education is tailored to individual needs of the child; and

Whereas, Local school board members are exceptional people who have committed themselves to this duty by governing school districts and advancing student achievement in the schools and communities in which they serve; and

Whereas, During this month, we join the Michigan Association of School Boards, Michigan Department of Education, local school districts, and community organizations to recognize and raise awareness of the countless efforts and contributions of school boards and school board members throughout Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 2020 as School Board Recognition Month in the state of Michigan. We urge all citizens to observe this momentous occasion.

The question being on the adoption of the resolution,

 

Rep. Howell moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 224.

A resolution to declare January 28-31, 2020, as School Board Recognition Week in the state of Michigan.

Whereas, Michigan is home to more than 600 boards of education that work hard to enrich the lives of Michigan’s students through education and who directly influence instruction in Michigan’s public schools; and

Whereas, Article VII, Section 2, of the Michigan Constitution of 1963 states that providing for the education of Michigan’s children is a fundamental duty of state government; and

Whereas, Our state’s public education system is designed to meet the educational needs of all children and to empower them to become competent, productive contributors to society in this everchanging world; and

Whereas, Members of local school boards are dedicated to children, learning, and community, and devote many hours of service to elementary and secondary public education as they continually strive for improvement, excellence, and progress in education; and

Whereas, Local school boards recognize that all children can be successful learners, especially when education is tailored to individual needs of the child; and

Whereas, Local school board members are exceptional people who have committed themselves to this duty by governing school districts and advancing student achievement in the schools and communities in which they serve; and

Whereas, During this month, we join the Michigan Association of School Boards, Michigan Department of Education, local school districts, and community organizations to recognize and raise awareness of the countless efforts and contributions of school boards and school board members throughout Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 28‑31, 2020, as School Board Recognition Week in the state of Michigan. We urge all citizens to observe this momentous occasion.

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Calley and Frederick offered the following concurrent resolution:

House Concurrent Resolution No. 14.

A concurrent resolution to recognize that pornography is a public health crisis that leads to a broad spectrum of societal harms.

Whereas, Pornography has a detrimental impact on society. It promotes and encourages sexually toxic expectations and behaviors affecting children, adolescents, and adults; and

Whereas, Pornography often depicts unrealistic, inaccurate, and violent forms of sexual behavior. Pornography objectifies actors, and its use often reinforces sexual scripts devoid of mutual relationships. In addition, pornography normalizes sexual violence and abuse of women, men, and children and often depicts rape and abuse as if they are harmless; and

Whereas, Many children are exposed to pornography. Studies from the mid 2000s show that rates of exposure to pornography as adolescents can reach up to 93% for boys and up to 63% for girls. One study that surveyed over 1,000 people between the ages of 15 and 29 found that 69% of men and 23% of women viewed pornography before the age of 13; and

Whereas, Early exposure to pornography harms children and can promote unhealthy sexual behaviors. Research indicates that early exposure of pornography can lead to low self-esteem and body image disorders and can increase dangerous sexual activity among children and adolescents; and

Whereas, Pornography also has negative implications for adults. Emerging evidence shows some pornography users suffer detrimental effects, including impacts on brain functioning, development of emotional and medical illnesses, difficulty forming and maintaining intimate relationships, and problematic or harmful sexual behaviors; and

Whereas, Consumption of pornography leads to a vicious cycle of supply and demand. Recent research indicates that pornography may be biologically addictive, which leads to an escalating consumption of pornographic materials depicting extreme degradation, risky behavior, and violence. As a result, studies show pornography increases the demand for sex trafficking, prostitution, child sexual abuse images, and child pornography; and

Whereas, Pornography can erode the family unit. Research shows that pornography use is linked to greater sexual and relationship dissatisfaction and a lessened desire for forming intimate and lasting real-life bonds. This can have a destabilizing effect on relationships and families; and

Whereas, The World Health Organization has recognized compulsive sexual behavior disorder as a diagnosable mental health condition. Clinical evidence suggests that approximately 80 percent of diagnosed cases involve problematic pornography use; and

Whereas, Overcoming pornography’s harm is frequently beyond the capability of the afflicted individual to address without professional and community support; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we recognize that pornography is a public health crisis that leads to a broad spectrum of societal harms and requires education, prevention, research, and policy change at the community and societal level; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Health Policy.

 

 

Reps. Frederick and Calley offered the following concurrent resolution:

House Concurrent Resolution No. 15.

A concurrent resolution to encourage technology companies and application developers to establish a third-party organization to assign application software ratings and descriptions and impose sanctions for noncompliance.

Whereas, Millions of children have to access cellular phones and tablets on a daily basis; and

Whereas, Popular applications (apps) developed for use on these electronic devices often include content that is not suitable for the age groups to which they are marketed; and

Whereas, Age ratings and descriptions for apps are the responsibility of the app developer with no oversight to ensure that ratings and descriptions are accurate. No third-party organization has been created to review app ratings or impose sanctions for noncompliance related to app content; and

Whereas, Children may be exposed to inappropriate content or privacy issues through the use of some apps. Apps aimed at children may collect and share personal information, let children spend real money, and link to social media. These apps often have inadequate or difficult-to-find parental controls; and

Whereas, A third-party organization comprised of experts in child development, child protection, and internet safety should be vested with authority to assign app ratings and descriptions and impose sanctions for noncompliance. Such a board could operate in a manner similar to the Entertainment Software Ratings Board and Motion Picture Association of America, which rate video games and films, respectively; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we encourage technology companies and application developers to establish a third-party organization to assign application software ratings and descriptions and impose sanctions for noncompliance.

The concurrent resolution was referred to the Committee on Communications and Technology.

 

 

Second Reading of Bills

 

 

House Bill No. 4577, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1092.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4926, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 13 and 14 (MCL 123.1353 and 123.1354), as amended by 2018 PA 247.

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

The motion prevailed.

 

 

House Bill No. 4927, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 17 (MCL 123.1357), as amended by 2018 PA 616.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4928, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 17 (MCL 123.1357), as amended by 2018 PA 616.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4929, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 16a (MCL 123.1356a), as amended by 2018 PA 247.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4930, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 18 (MCL 123.1358), as amended by 2018 PA 616.

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. Whitsett 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

Messages from the Senate

 

 

Senate Concurrent Resolution No. 20.

A concurrent resolution providing for a joint convention of the Senate and House of Representatives.

Resolved by the Senate (the House of Representatives concurring), That the Senate and House of Representatives meet for a joint convention in the Hall of the House of Representatives, on January 29, 2020 at 6:00 p.m., to receive the message of Governor Gretchen Whitmer.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

______

 

 

Rep. Webber 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

Motions and Resolutions

 

 

Rep. Webber moved that when the House adjourns today it stand adjourned until Wednesday, January 29, at 6:00 p.m.

The motion prevailed.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, January 23:

House Bill Nos.     5378   5379   5380   5381  5382   5383   5384   5385   5386  5387   5388   5389 5390       5391        5392        5393        5394        5395                               5396   5397   5398   5399  5400   5401   5402   5403   5404  5405   5406   5407 5408       5409        5410

The Clerk announced the enrollment printing and presentation to the Governor on Friday, January 24, for her approval of the following bill:

Enrolled House Bill No. 4620 at 9:31 a.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, January 27, for her approval of the following bill:

Enrolled House Bill No. 4335 at 9:10 a.m.

 

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

Senate Bill Nos.    756  757  758 759

 

The Clerk announced that the following Senate bills had been received on Tuesday, January 28:

Senate Bill Nos.    515  516  517  518  519  520 522

 

 

Reports of Standing Committees

 

 

The Committee on Oversight, by Rep. Hall, Chair, referred

House Bill No. 5217, entitled

A bill to prohibit postsecondary educational institutions in this state and certain athletic organizations from preventing a college athlete from receiving compensation for the use of his or her name, image, likeness rights, or athletic reputation.

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

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Hall, Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand

Nays: Rep. Reilly

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

 

 

The Committee on Oversight, by Rep. Hall, Chair, referred

House Bill No. 5218, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 411e (MCL 750.411e); and to repeal acts and parts of acts.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Hall, Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand

Nays: Rep. Reilly

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

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, January 23, 2020

Present: Reps. Hall, Reilly, Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand

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

House Bill No. 4739, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1263a.

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, Vaupel, Hall, Markkanen, O’Malley, Wakeman and Koleszar

Nays: Reps. Reilly, Sowerby, Brenda Carter, Tyrone Carter 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. 5236, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1538 (MCL 380.1538), as amended by 2007 PA 144.

to the Committee on Military, Veterans and Homeland Security.

 

 

Favorable Roll Call

 

To Refer:

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

Nays: None

The bill was referred to the Committee on Military, Veterans and Homeland Security.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, January 28, 2020

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

 

 

The Committee on Regulatory Reform, by Rep. Webber, Chair, referred

House Bill No. 5315, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2018 PA 479.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Webber, Berman, Crawford, Farrington, Hoitenga, Filler, Hall, Wendzel, Chirkun, Liberati, Cambensy, Jones and Garza

Nays: Rep. Robinson

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

 

 

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, January 28, 2020

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

Absent: Rep. Frederick

Excused: Rep. Frederick

The Committee on Government Operations, by Rep. Sheppard, Chair, reported

Senate Concurrent Resolution No. 18.

A concurrent resolution to oppose the inclusion of labor peace agreements in the Marijuana Regulatory Agency’s permanent rules and to oppose the inclusion of labor peace agreements or any similar construct in the administrative rules of this state.

(For text of concurrent resolution, see House Journal No. 8, p.112.)

With the recommendation that the concurrent resolution be adopted.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Sheppard, Cole and Lilly

Nays: Reps. Greig and Rabhi

 

 

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, January 28, 2020

Present: Reps. Sheppard, Cole, Lilly, Greig and Rabhi

 

 

The Committee on Natural Resources and Outdoor Recreation, by Rep. Howell, Chair, reported

House Concurrent Resolution No. 12.

A concurrent resolution to oppose Canada’s consideration of placing a permanent high-level radioactive waste storage site on the shores of Lake Huron, to urge the United States Congress to take every legal action possible to prevent the construction of any underground high-level nuclear waste repository in the Great Lakes basin, and to urge the Canadian government to prohibit a high-level nuclear waste repository anywhere in the Great Lakes basin.

(For text of concurrent resolution, see House Journal No. 3, p. 29.)

With the recommendation that the concurrent resolution be adopted.

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: Rep. Reilly

 

 

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, January 28, 2020

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

 

 

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

House Bill No. 4396, entitled

A bill to amend 1925 PA 368, entitled “An act to prohibit obstructions and encroachments on public highways; to provide for the removal of obstructions and encroachments on public highways; to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies, broadband companies, and municipalities may enter upon, construct, and maintain telegraph, telephone, power, cable television, or broadband lines, pipe lines, wires, cables, poles, conduits, sewers, and like structures upon, over, across, or under public roads, bridges, streets, and waters; and to prescribe penalties and provide remedies,” by repealing section 19 (MCL 247.189).

to the Committee on Ways and Means.

Favorable Roll Call

 

To Refer:

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

Nays: None

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

 

 

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

House Bill No. 5194, entitled

A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending section 2 (MCL 257.1302), as amended by 2016 PA 430.

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

 

 

Favorable Roll Call

 

To Refer:

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

Nays: None

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

 

 

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, January 28, 2020

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

 

 

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

House Bill No. 4735, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2017 PA 124.

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, Farrington, Howell, LaGrand, Guerra, Elder, Yancey and Bolden

Nays: Reps. LaFave, Steven Johnson, Rendon, Berman and Wozniak

 

 

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

House Bill No. 4736, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 5 (MCL 15.235), as amended by 2018 PA 105.

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, Farrington, Howell, LaGrand, Guerra, Elder, Yancey and Bolden

Nays: Reps. LaFave, Steven Johnson, Rendon, Berman and Wozniak

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

House Bill No. 4737, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e (MCL 777.13e), as amended by 2015 PA 189.

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, Farrington, Howell, LaGrand, Guerra, Elder, Yancey and Bolden

Nays: Reps. LaFave, Steven Johnson, Rendon, Berman and Wozniak

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, January 28, 2020

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. 4551, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111, 74116, and 78119 (MCL 324.40111, 324.74116, and 324.78119), section 40111 as amended by 2018 PA 272, section 74116 as amended by 2016 PA 1, and section 78119 as amended by 2013 PA 81.

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, Meerman, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 4552, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 674, 675, 801, 803d, 803f, 805, and 811f (MCL 257.674, 257.675, 257.801, 257.803d, 257.803f, 257.805, and 257.811f), section 674 as amended by 2000 PA 268, section 675 as amended by 2018 PA 179, section 801 as amended by 2018 PA 656, section 803d as amended by 2018 PA 62, section 803f as amended by 2018 PA 681, section 805 as amended by 2013 PA 82, and section 811f as amended by 2017 PA 234, and by adding section 68c.

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, Meerman, Byrd, Hertel and Bolden

Nays: None

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

House Bill No. 4831, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2017 PA 21.

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, Meerman, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 5015, entitled

A bill to amend 2016 PA 370, entitled “Electronic open access to government act,” by amending section 1 (MCL 15.451).

With the recommendation that the substitute (H-3) 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, Griffin, Hauck, Kahle, Meerman, Byrd, Hertel and Bolden

Nays: Rep. Leutheuser

 

 

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, January 28, 2020

Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Byrd, Hertel and Bolden

Absent: Rep. Warren

Excused: Rep. Warren

 

 

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, January 28, 2020

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

 

 

Messages from the Senate

 

 

Senate Bill No. 515, 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 11 (MCL 247.661), as amended by 2015 PA 175, and by adding section 11i.

The Senate has passed the bill.

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

 

 

Senate Bill No. 516, 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 9a (MCL 247.659a), as amended by 2018 PA 325, and by adding section 11i.

The Senate has passed the bill.

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

 

 

Senate Bill No. 517, 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,” (MCL 247.651 to 247.675) by amending the title, as amended by 2010 PA 135, and by adding section 10r.

The Senate has passed the bill.

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

 

 

Senate Bill No. 518, 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 10o (MCL 247.660o), as amended by 2000 PA 188.

The Senate has passed the bill.

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

 

 

Senate Bill No. 519, 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.

The Senate has passed the bill.

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

 

 

Senate Bill No. 520, 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 sections 11, 12, and 13 (MCL 247.661, 247.662, and 247.663), as amended by 2015 PA 175.

The Senate has passed the bill.

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

 

 

Senate Bill No. 522, 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 9a (MCL 247.659a), as amended by 2018 PA 325.

The Senate has passed the bill.

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

 

 

Messages from the Governor

 

 

Date: January 27, 2020

Time: 1:45 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4051 (Public Act No. 12, I.E.), being

An act to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” (MCL 330.1001 to 330.2106) by adding section 165.

(Filed with the Secretary of State January 27, 2020, at 3:16 p.m.)

 

 

Date: January 27, 2020

Time: 1:47 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4411 (Public Act No. 13, I.E.), being

An act to amend 1994 PA 160, entitled “An act to prohibit certain methods, acts, and practices of credit services organizations; to prescribe remedies and penalties; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 445.1823).

(Filed with the Secretary of State January 27, 2020, at 3:18 p.m.)

 

 

Date: January 27, 2020

Time: 1:49 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4309 (Public Act No. 14, I.E.), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 14d of chapter XVII (MCL 777.14d), as amended by 2019 PA 151.

(Filed with the Secretary of State January 27, 2020, at 3:20 p.m.)

 

 

Date: January 27, 2020

Time: 1:51 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5241 (Public Act No. 15, 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,” by amending section 836b (MCL 500.836b), as amended by 2016 PA 558.

(Filed with the Secretary of State January 27, 2020, at 3:22 p.m.)

 

 

Date: January 27, 2020

Time: 1:53 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5242 (Public Act No. 16, 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,” by amending section 1301 (MCL 500.1301), as amended by 2015 PA 244, and by adding section 1359.

(Filed with the Secretary of State January 27, 2020, at 3:24 p.m.)

 

 

Date: January 27, 2020

Time: 1:55 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5243 (Public Act No. 17, 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,” by amending sections 1001 and 1027 (MCL 500.1001 and 500.1027), section 1001 as amended by 2016 PA 276 and section 1027 as added by 2008 PA 342, and by adding section 1028.

(Filed with the Secretary of State January 27, 2020, at 3:26 p.m.)

 

 

Date: January 27, 2020

Time: 1:57 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4156 (Public Act No. 18, I.E.), being

An act to amend 1943 PA 240, entitled “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,” by amending section 68c (MCL 38.68c), as amended by 2018 PA 357.

(Filed with the Secretary of State January 27, 2020, at 3:28 p.m.)

Date: January 27, 2020

Time: 2:03 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4245 (Public Act No. 21, I.E.), being

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.

(Filed with the Secretary of State January 27, 2020, at 3:34 p.m.)

 

 

Communications from State Officers

 

 

The following communication from the Department of State Police was received and read:

 

January 15, 2020

RE: Record Look-up Fee Quarterly Report

In accordance with Article VIII, Part 2, Section 703 of Public Act 56 of 2019, we have attached a Record Look-up Fee quarterly report for the Michigan Department of State (MDOS) for the first quarter of FY 2020.

Revenue collected during the first quarter of FY 2019 and FY 2020 were $13,037,231 and $12,495,558 respectively. Data used in the preparation of this report was obtained from SIGMA Business Intelligence and the MDOS Revenue Interface Branch Report.

                                                                                       Sincerely,

                                                                                       Cindy Paradine, Director

                                                                                       Office of Financial Services

The communication was referred to the Clerk.

 

 

Introduction of Bills

 

 

Reps. Garza, Liberati, Cambensy, Shannon, Brenda Carter, Tyrone Carter, Bolden and Lasinski introduced

House Bill No. 5411, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 217i.

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

 

 

Reps. Vaupel, Green, Liberati, Whiteford and Wozniak introduced

House Bill No. 5412, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3476 (MCL 500.3476), as amended by 2017 PA 223.

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

 

 

Reps. Wozniak, Liberati, Whiteford, Green and Vaupel introduced

House Bill No. 5413, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 401k (MCL 550.1401k), as added by 2012 PA 214.

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

 

 

Reps. Green, Liberati, Whiteford, Wozniak and Vaupel introduced

House Bill No. 5414, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c and 100d (MCL 330.1100c and 330.1100d), section 100c as amended by 2016 PA 320 and section 100d as amended by 2015 PA 59.

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

Reps. Liberati, Garza, Green, Wozniak and Vaupel introduced

House Bill No. 5415, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 105g.

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

 

 

Reps. Whiteford, Liberati, Wozniak, Green and Vaupel introduced

House Bill No. 5416, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 105g.

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

 

 

Reps. Warren, Rendon, Lasinski, LaGrand, Kennedy, Brenda Carter, Kuppa, Koleszar, Miller, Howell, LaFave and Berman introduced

House Bill No. 5417, entitled

A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending sections 2, 3a, 4, 8, 9, 10, and 11 (MCL 333.1052, 333.1053a, 333.1054, 333.1058, 333.1059, 333.1060, and 333.1061), sections 2 and 11 as amended by 2017 PA 157 and section 3a as added and sections 4, 8, 9, and 10 as amended by 2013 PA 155, and by adding section 3b.

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

 

 

Reps. Warren, Rendon, Lasinski, LaGrand, Brenda Carter, Kennedy, Koleszar, Kuppa, Filler, Miller, Howell, LaFave and Berman introduced

House Bill No. 5418, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1180 and 1181.

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

 

 

Reps. Rendon, Warren, LaGrand, Kennedy, Brenda Carter, Kuppa, Koleszar, Miller, Howell, LaFave and Berman introduced

House Bill No. 5419, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5215 (MCL 700.5215), as amended by 2000 PA 469.

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

 

 

Reps. Rabhi, Hope, Stone, Hoadley, LaGrand, Wittenberg, Hammoud, Hood, Lasinski, Guerra, Brixie, Warren, Sowerby, Pohutsky, Camilleri, Koleszar, Ellison, Cynthia Johnson, Gay-Dagnogo, Sneller, Tate, Cherry, Chirkun, Garza, Hertel, Peterson, Sabo, Yancey, Jones and Anthony introduced

House Bill No. 5420, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending sections 22, 28, and 45 (MCL 460.1022, 460.1028, and 460.1045), sections 22 and 28 as added and section 45 as amended by 2016 PA 342, and by adding section 32.

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

 

 

Reps. Filler, Steven Johnson, LaFave, Wozniak, Rendon, Bolden and Kahle introduced

House Bill No. 5421, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 539c (MCL 750.539c).

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

 

 

Reps. Lilly, Sneller, Chirkun and Iden introduced

House Bill No. 5422, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” (MCL 445.571 to 445.576) by adding section 4c.

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

 

 

Reps. Iden, Sneller, Chirkun and Lilly introduced

House Bill No. 5423, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 3c (MCL 445.573c), as amended by 1996 PA 384.

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

 

 

Reps. Chirkun, Sneller, Lilly and Iden introduced

House Bill No. 5424, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 4 (MCL 445.574), as amended by 1998 PA 473.

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

 

 

Reps. Sneller, Lilly, Chirkun and Iden introduced

House Bill No. 5425, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2019 PA 49.

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

 

 

Announcements by the Clerk

 

 

January 22, 2020

Received from the Auditor General a copy of the:

·         Follow-up report of the Food and Dairy Division, Michigan Department of Agriculture and Rural Development (791-0200-12F), January 2020.

 

January 22, 2020

Received from the Auditor General a copy of the:

·         Report on Internal Control, Compliance, and Other Matters for the State of Michigan 401K Plan Fiscal Year Ended September 30, 2019 (071-0156-20).

·         Report on Internal Control, Compliance, and Other Matters for the State of Michigan 457 Plan Fiscal Year Ended September 30, 2019 (071-0157-20).

·         Report on Internal Control, Compliance, and Other Matters for the Michigan Legislative Retirement System Fiscal Year Ended September 30, 2019 (900-0140-20).

                                                                                       Gary L. Randall

                                                                                       Clerk of the House

 

 

______

 

 

Rep. Bollin moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

Associate Speaker Pro Tempore Hornberger declared the House adjourned until Wednesday, January 29, at 6:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives