No. 68

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Thursday, September 3, 2020.

 

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, September 2:

House Bill Nos.     6148   6149   6150   6151  6152   6153   6154   6155   6156  6157   6158   6159 6160       6161        6162        6163        6164

 

The Clerk announced that the following Senate bills had been received on Wednesday, September 2:

Senate Bill Nos.      809    921  1015

 

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, September 3, for her approval of the following bill:

Enrolled House Bill No. 5488 at 11:32 a.m.

 

 

Reports of Select Committees

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hall, Chair, of the Joint Select Committee on the COVID-19 Pandemic, was received and read:

Meeting held on: Wednesday, September 3, 2020

Present:  Reps. Hall, Calley, O’Malley and Guerra

              Sens. Nesbitt, LaSata, Schmidt, Hertel and Hollier

Absent:  Rep. Tyrone Carter

Excused: Rep. Tyrone Carter

Reports of Standing Committees

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4992, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 260.

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

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Afendoulis, Vaupel, Webber, Farrington, Steven Johnson, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski, Whitsett and Cynthia Neeley

Nays: Rep. Hall

The bill and substitute were referred to the Committee on Government Operations.

 

 

The Committee on Tax Policy, by Rep. Afendoulis, Chair, referred

House Bill No. 4993, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 261.

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

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Afendoulis, Vaupel, Webber, Farrington, Steven Johnson, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski, Whitsett and Cynthia Neeley

Nays: Rep. Hall

The bill and substitute were referred to the Committee on Government Operations.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Afendoulis, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, September 2, 2020

Present: Reps. Afendoulis, Lower, Vaupel, Webber, Farrington, Steven Johnson, Hall, O’Malley, Schroeder, Yancey, Wittenberg, Ellison, Lasinski, Whitsett and Cynthia Neeley

 

 

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

House Bill No. 4483, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164c.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

To Report Out:

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

Nays: None

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

House Bill No. 4488, entitled

A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 338.41, 338.42, 338.43, 338.44, 338.45, 338.46, and 338.47), section 2 as amended by 2014 PA 361.

With the recommendation that the substitute (H-4) 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, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 4489, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 934 (MCL 600.934), as amended by 2004 PA 558.

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, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 4490, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 105 (MCL 339.5105).

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, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 4491, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16104 and 21755 (MCL 333.16104 and 333.21755), section 16104 as amended by 2011 PA 210.

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, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

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

House Bill No. 4492, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 104 (MCL 339.104), as amended by 2016 PA 412.

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, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 4493, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2014 PA 265.

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, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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

House Bill No. 4717, entitled

A bill to provide for the labeling of certain portable fuel containers as made in Michigan; and to make findings that, under certain circumstances, portable fuel containers have not entered or substantially affected interstate commerce.

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 and Meerman

Nays: Reps. Warren, Byrd, Hertel and Bolden

 

 

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

House Bill No. 5085, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18817.

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, Warren, Byrd, Hertel and Bolden

Nays: None

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

House Bill No. 5611, entitled

A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending section 3 (MCL 565.103), as amended by 2018 PA 572.

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, Meerman, Warren, Byrd, Hertel and Bolden

Nays: None

 

 

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

Senate Bill No. 432, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 74 (MCL 125.2074), as amended by 2006 PA 616.

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, Meerman, Warren, Byrd, Hertel and Bolden

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, September 2, 2020

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

 

 

Messages from the Senate

 

 

House Bill No. 4228, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1086.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

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 Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 5134, entitled

A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending section 10 (MCL 408.660), as amended by 2014 PA 163.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 809, entitled

A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as amended by 2016 PA 80.

The Senate has passed the bill.

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

 

 

Senate Bill No. 921, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 8c.

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. 1015, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1103 and 1106 (MCL 500.1103 and 500.1106), section 1103 as amended and section 1106 as added by 2018 PA 91.

The Senate has passed the bill.

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

 

 

Introduction of Bills

 

 

Rep. Chirkun introduced

House Bill No. 6165, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 706.

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

 

 

Rep. Chirkun introduced

House Bill No. 6166, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 391, 392a, 409, 411, 431, 433a, and 467 (MCL 168.391, 168.392a, 168.409, 168.411, 168.431, 168.433a, and 168.467), sections 391, 409, 411, 431, 433a, and 467 as amended by 2018 PA 120.

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

 

 

Rep. Chirkun introduced

House Bill No. 6167, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by repealing section 2967 (MCL 600.2967).

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

Rep. Chirkun introduced

House Bill No. 6168, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 45 (MCL 169.245), as amended by 1996 PA 590, and by adding section 35a.

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

 

 

Rep. VanSingel introduced

House Bill No. 6169, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 552b (MCL 750.552b), as added by 1996 PA 232.

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

 

 

Rep. VanSingel introduced

House Bill No. 6170, entitled

A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending sections 1a and 3a (MCL 800.281a and 800.283a), section 1a as amended by 1998 PA 514 and section 3a as amended by 2012 PA 255.

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

 

 

Reps. VanSingel and Anthony introduced

House Bill No. 6171, entitled

A bill to amend 1966 PA 313, entitled “An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor,” by amending section 3 (MCL 390.993), as amended by 1980 PA 503.

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

 

 

Reps. Anthony and VanSingel introduced

House Bill No. 6172, entitled

A bill to amend 1964 PA 208, entitled “An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program,” by amending sections 3 and 4 (MCL 390.973 and 390.974), section 3 as amended by 1980 PA 500 and section 4 as amended by 1986 PA 270.

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

 

 

Rep. Lightner introduced

House Bill No. 6173, 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 3l.

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

 

 

Reps. Eisen, LaFave and Markkanen introduced

House Bill No. 6174, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81133 (MCL 324.81133), as amended by 2018 PA 206.

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

Rep. Hornberger introduced

House Bill No. 6175, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 326, 352, and 381 (MCL 168.326, 168.352, and 168.381), sections 326 and 352 as amended by 2012 PA 276 and section 381 as amended by 2018 PA 120, and by adding section 326a.

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

 

 

Reps. Allor, Crawford, Rendon, O’Malley, Bellino, Steven Johnson, Reilly, Miller and Whiteford introduced

House Bill No. 6176, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2020 PA 35.

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

 

 

Reps. Hall, Calley, Sabo and Marino introduced

House Bill No. 6177, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 510 (MCL 168.510).

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

 

 

Reps. Calley, Hall and Marino introduced

House Bill No. 6178, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509bb (MCL 168.509bb), as added by 1994 PA 441.

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

 

 

Reps. Marino, Calley, Sabo and Hall introduced

House Bill No. 6179, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 33a.

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

 

 

Reps. Liberati, Calley, Hall and Marino introduced

House Bill No. 6180, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 4.418), as amended by 1994 PA 412.

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

 

 

Reps. Sabo, Calley, Hall and Marino introduced

House Bill No. 6181, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 16 (MCL 169.216), as amended by 2017 PA 184.

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

 

 

Reps. Hood, Stone, Hoadley, Bolden, Pohutsky, Love, Brixie, Yancey, Camilleri, Brenda Carter, Cambensy, Gay-Dagnogo and Anthony introduced

House Bill No. 6182, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

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

Reps. Hood, Bolden, Brixie, Kuppa, Rabhi and Gay-Dagnogo introduced

House Bill No. 6183, entitled

A bill to amend 2010 PA 270, entitled “Property assessed clean energy act,” by amending section 3 (MCL 460.933), as amended by 2017 PA 242.

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

 

 

Reps. Hood, Brixie, Yancey and Rabhi introduced

House Bill No. 6184, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 67 (MCL 791.267), as amended by 2012 PA 24.

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

 

 

Reps. Cambensy, Chirkun, Inman, Elder, LaFave, Hood, Rabhi, Sneller, Gay-Dagnogo and O’Malley introduced

House Bill No. 6185, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” (MCL 21.141 to 21.147) by adding section 2g.

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

 

 

Reps. Rabhi, Guerra and Pagan introduced

House Bill No. 6186, entitled

A bill to prohibit employers from wrongfully discharging employees; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.

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

 

 

Reps. Rabhi, Guerra and Pagan introduced

House Bill No. 6187, entitled

A bill to prohibit an employer from taking certain actions against employees for certain activities related to personal protective equipment; to prohibit discrimination and retaliation for engaging in certain activities; and to provide remedies.

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

 

 

Rep. Chirkun introduced

House Joint Resolution U, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 4 and 19 of article VI, to provide an age limitation for visiting judges and to modify the age limitation for election or appointment to judicial office.

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

 

 

Rep. Chirkun introduced

House Joint Resolution V, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article XI, to add two members to the civil service commission and require that those two members be elected by the voters.

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

The Clerk declared the House adjourned until Tuesday, September 8, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives