STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House Chamber, Lansing, Wednesday, October 14, 2020.
12:01 a.m.
The House was called to order by the Speaker.
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 Rabhi—present
Albert—present Frederick—present Kahle—present Reilly—present
Alexander—present Garrett—present Kennedy—present Rendon—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—excused 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.—excused Hoadley—present Marino—excused 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 Neeley, C.—present Whitsett—excused
Coleman—present Huizenga—present O’Malley—present Wittenberg—present
Crawford—present Iden—present Pagan—excused Witwer—present
Eisen—present Inman—present Paquette—present Wozniak—present
Elder—present Johnson,
C.—excused Peterson—present Yancey—excused
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Rep. Ronnie D. Peterson, from the 54th
District, offered the following invocation:
“For all things we give thanks. Thank You for
allowing us to assemble here tonight or early in the morning. Let me say we
give thanks to all of the wisdom and guidance You have given us thus far. We
pray that You continue to lead and guide us further. Then let us remember those
who we serve for. In all we do let us be just and fair in all our dealings. We
give thanks, in their name, Amen.”
______
Rep. Cole moved that Reps. Tyrone Carter, Gay-Dagnogo, Hammoud, Cynthia Johnson, Marino, Pagan, Whitsett and Yancey be excused from today’s session.
The motion prevailed.
Second Reading of Bills
A bill to amend 1936 (Ex
Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17,
27, 28c, 28d, 29, and 48 (MCL 421.17, 421.27, 421.28c, 421.28d, 421.29, and
421.48), sections 17 and 48 as amended by 2011 PA 269, section 27 as
amended by 2016 PA 522, section 28c as amended by 2012 PA 579, section 28d as
added by 2012 PA 216, section 29 as amended by 2013 PA 146, and by adding
section 32c.
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 not adopted, a majority of the members serving not voting therefor.
Rep. Iden moved to substitute (H-6) the bill.
Rep.
Shannon moved to amend the bill as follows:
1. Amend page 7, line 20, after “after” by striking out the balance of the section and inserting “March 31, 2021.”.
2. Amend page 14, line 1, after “before” by striking out the balance of the line through “2021,” on line 2 and inserting “April 1, 2021,”.
3. Amend page 39, line 27, after “until” by striking out “December 31, 2020,” and inserting “March 31, 2021,”.
4. Amend page 40, line 12, by striking out “December 31, 2020,” and inserting “March 31, 2021,”.
5. Amend page 40, line 24, after “until” by striking out “December 31, 2020,” and inserting “March 31, 2021,”.
6. Amend page 41, line 26, after “until” by striking out “December 31, 2020,” and inserting “March 31, 2021,”.
7. Amend page 43, line 2, after “before” by striking out “January 1, 2021,” and inserting “April 1, 2021,”.
8. Amend page 43, line 14, after “before” by striking out “January 1, 2021,” and inserting “April 1, 2021,”.
9. Amend page 63, line 1, after “before” by striking out “January 1, 2021,” and inserting “April 1, 2021,”.
10. Amend page 64, line 14, after “after” by striking out the balance of the section and inserting “March 31, 2021.”.
11. Amend page 66, line 9, after “before” by striking out “January 1, 2021,” and inserting “April 1, 2021,”.
Rep.
Brann moved to amend the bill as follows:
1. Amend page 77, line 3, after “unless” by striking out the balance of the bill and inserting “all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 911.
(b) House Bill No. 6136.”.
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 886,
entitled
A bill to amend 1936 (Ex
Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17,
27, 28c, 28d, 29, and 48 (MCL 421.17, 421.27, 421.28c, 421.28d, 421.29, and
421.48), sections 17 and 48 as amended by 2011 PA 269, section 27 as amended
by 2016 PA 522, section 28c as amended by 2012 PA 579, section 28d as added by
2012 PA 216, section 29 as amended by 2013 PA 146, and by adding section 32c.
Was read a
third time and passed, a majority of the members serving voting therefor, by
yeas and nays, as follows:
Roll Call No. 482 Yeas—101
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Chatfield
The question being on agreeing to the title of the bill,
Rep. Cole moved to amend the title to read as follows:
A bill to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 17, 27, 28, 28c, 28d, 29, 32, 48, and 64 (MCL 421.17, 421.27, 421.28, 421.28c, 421.28d, 421.29, 421.32, 421.48, and 421.64), sections 17, 48, and 64 as amended by 2011 PA 269, sections 27 and 32 as amended by 2016 PA 522, section 28 as amended by 2020 PA 83, section 28c as amended by 2012 PA 579, section 28d as added by 2012 PA 216, and section 29 as amended by 2013 PA 146, and by adding sections 32c and 32d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
A bill to amend 1943 PA
240, entitled “State employees’ retirement act,” by amending section 68c (MCL
38.68c), as amended by 2020 PA 18.
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 not adopted, a majority of the members serving not voting therefor.
Rep. Iden moved to substitute (H-3) the bill.
Rep.
Shannon moved to amend the bill as follows:
1. Amend page 9, line 3, after “31,” by striking out “2020,” and inserting “2021,”.
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 911,
entitled
A bill to amend 1943 PA
240, entitled “State employees’ retirement act,” by amending section 68c (MCL
38.68c), as amended by 2020 PA 18.
Was read a
third time and passed, a majority of the members serving voting therefor, by
yeas and nays, as follows:
Roll Call No. 483 Yeas—101
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Chatfield
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“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,”
The House agreed to the full title.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker called Associate Speaker Pro
Tempore Lilly to the Chair.
Senate Bill No. 1094, entitled
A bill to amend 1978 PA
368, entitled “Public health code,” by amending section 21717 (MCL 333.21717),
as amended by 2014 PA 66, and by adding section 5145.
Was read a second time,
and the question being on the adoption of the proposed substitute (H-3)
previously recommended by the Committee on Ways and Means,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep.
Crawford moved to amend the bill as follows:
1. Amend page 6, line 25, after “(2)” by striking out the balance of the page through “application.” on line 5 of page 7 and inserting “If, by November 15, 2020, the department of health and human services has not implemented the process for the creation of care and recovery centers within nursing homes as described in section 5145(1)(d), a nursing home may admit or retain for care an individual who has tested positive for coronavirus until the date that the process is implemented by the department of health and human services and for up to 30 days thereafter.”.
Rep. Crawford
moved to amend the bill as follows:
1. Amend page 5, line 23, by striking out all of subsection (2) and renumbering the remaining subsection.
Rep.
Crawford moved to amend the bill as follows:
1. Amend page 5, line 16, after “coronavirus” by inserting a comma and “unless the department determines that there are rare and unique circumstances that must be taken to protect the health and safety of an individual”.
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1094,
entitled
A bill to amend 1978 PA
368, entitled “Public health code,” by amending section 21717 (MCL 333.21717),
as amended by 2014 PA 66, and by adding section 5145.
Was read a
third time and passed, a majority of the members serving voting therefor, by
yeas and nays, as follows:
Roll Call No. 484 Yeas—101
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Lilly
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The House agreed to the full title.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21717 (MCL 333.21717), as amended by 2014 PA 66, and by adding sections 21317 and 21717a.
The bill was read a second time.
Rep. Love moved to substitute (H-1) the bill.
Rep. Love moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6137,
entitled
A bill to amend 1978 PA
368, entitled “Public health code,” by amending section 21717 (MCL 333.21717),
as amended by 2014 PA 66, and by adding sections 21317 and 21717a.
Was read a
third time and passed, a majority of the members serving voting therefor, by
yeas and nays, as follows:
Roll Call No. 485 Yeas—101
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Lilly
The question being on agreeing to the title of the bill,
Rep. Cole moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5145a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Cole moved that Rule 42 be suspended.
The motion prevailed, 3/5
of the members present voting therefor.
Rep. Cole moved that the
Committee on Government Operations be discharged from further consideration of House Resolution No. 319.
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Senate
The Speaker laid before the House
House Bill No. 6192,
entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 306 and 321c (MCL 257.306 and 257.321c), as
amended by 2020 PA 127.
(The bill was received from the Senate on
October 13, with substitute (S-1), title amendment and immediate effect given
by the Senate, consideration of which, under the rules, was postponed until
today, see House Journal No. 83, p. 2321.)
The question being on concurring in the
substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a
majority of the members serving voting therefor, by yeas and nays, as follows:
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Lilly
The House agreed to the title as amended.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
A bill to provide minimum
requirements for claims alleging exposure to COVID-19; establishing liability
standards for claims alleging exposure to COVID-19; precluding liability if
conduct complies with regulations, orders, or public health guidance; and
limiting liability with respect to certain products made, sold, or donated in
response to COVID-19.
The Senate has
substituted (S-2) the bill.
The Senate has passed the
bill as substituted (S-2), ordered that it be given immediate effect and
amended the title as follows:
A bill to provide minimum
requirements for tort claims alleging exposure to COVID-19; establishing
liability standards for claims alleging exposure to COVID-19; and precluding
liability if conduct complies with regulations or orders.
The Speaker announced
that pursuant to Rule 42, the bill was laid over one day.
Rep. Cole moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 487 Yeas—86
Afendoulis Elder Kahle Peterson
Albert Farrington Kennedy Pohutsky
Alexander Filler Koleszar Reilly
Allor Frederick Kuppa Rendon
Anthony Garza LaFave Schroeder
Bellino Glenn LaGrand Shannon
Berman Green Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Hall Liberati Sneller
Brann Hauck Lightner Tate
Byrd Hernandez Lilly VanSingel
Calley Hertel Lower VanWoerkom
Cambensy Hoadley Maddock Vaupel
Camilleri Hoitenga Manoogian Wakeman
Carter, B. Hood Markkanen Webber
Chatfield Hornberger Meerman Wendzel
Cherry Howell Miller Wentworth
Clemente Huizenga Mueller Whiteford
Cole Iden Neeley, C. Witwer
Coleman Inman O’Malley Wozniak
Crawford Johnson, S. Paquette Yaroch
Eisen Jones
Nays—15
Brixie Greig Love Stone
Chirkun Guerra Rabhi Warren
Ellison Haadsma Sabo Wittenberg
Garrett Hope Sowerby
In The Chair: Lilly
The House agreed to the title as amended.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
A bill to amend 1974 PA
154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to
408.1094) by adding section 85.
The Senate has
substituted (S-2) the bill.
The Senate has passed the
bill as substituted (S-2), ordered that it be given immediate effect and
pursuant to Joint Rule 20, inserted the full title.
The Speaker announced
that pursuant to Rule 42, the bill was laid over one day.
Rep. Cole moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 488 Yeas—85
Afendoulis Elder Kahle Peterson
Albert Farrington Kennedy Pohutsky
Alexander Filler Koleszar Reilly
Allor Frederick Kuppa Rendon
Anthony Garza LaFave Schroeder
Bellino Glenn LaGrand Shannon
Berman Green Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Hall Liberati Sneller
Brann Hauck Lightner Tate
Byrd Hernandez Lilly VanSingel
Calley Hertel Lower VanWoerkom
Cambensy Hoadley Maddock Vaupel
Camilleri Hoitenga Manoogian Wakeman
Carter, B. Hornberger Markkanen Webber
Chatfield Howell Meerman Wendzel
Cherry Huizenga Miller Wentworth
Clemente Iden Mueller Whiteford
Cole Inman Neeley, C. Witwer
Coleman Johnson, S. O’Malley Wozniak
Crawford Jones Paquette Yaroch
Eisen
Nays—16
Brixie Greig Hope Sowerby
Chirkun Guerra Love Stone
Ellison Haadsma Rabhi Warren
Garrett Hood Sabo Wittenberg
In The Chair: Lilly
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
A bill to amend 1974 PA
154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to
408.1094) by adding section 85a.
The Senate has
substituted (S-1) the bill.
The Senate has passed the
bill as substituted (S-1), ordered that it be given immediate effect and
pursuant to Joint Rule 20, inserted the full title.
The Speaker announced
that pursuant to Rule 42, the bill was laid over one day.
Rep. Cole moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 489 Yeas—88
Afendoulis Eisen Jones Peterson
Albert Elder Kahle Pohutsky
Alexander Farrington Kennedy Reilly
Allor Filler Koleszar Rendon
Anthony Frederick Kuppa Sabo
Bellino Garza LaFave Schroeder
Berman Glenn LaGrand Shannon
Bolden Green Lasinski Sheppard
Bollin Greig Leutheuser Slagh
Brann Griffin Liberati Sneller
Byrd Hall Lightner Tate
Calley Hauck Lilly VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Webber
Cherry Hornberger Meerman Wendzel
Chirkun Howell Miller Wentworth
Clemente Huizenga Mueller Whiteford
Cole Iden Neeley, C. Witwer
Coleman Inman O’Malley Wozniak
Crawford Johnson, S. Paquette Yaroch
Nays—13
Brixie Haadsma Love Stone
Ellison Hood Rabhi Warren
Garrett Hope Sowerby Wittenberg
Guerra
In The Chair: Lilly
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
A bill to prohibit an
employer from taking certain actions against an employee who does not report to
work under certain circumstances related to COVID-19; to prohibit an employee
from reporting to work under certain circumstances related to COVID-19; to
prohibit discrimination and retaliation for engaging in certain activities; to
provide remedies; and to repeal acts and parts of acts.
The
Senate has substituted (S-1) the bill.
The
Senate has passed the bill as substituted (S-1), ordered that it be given
immediate effect and amended the title to read as follows:
A bill to prohibit an
employer from taking certain actions against an employee who does not report to
work under certain circumstances related to COVID-19; to prohibit an employee
from reporting to work under certain circumstances related to COVID-19; to
prohibit discrimination and retaliation for engaging in certain activities; to
provide remedies.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Cole moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 490 Yeas—101
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Lilly
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Cole moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members
present voting therefor.
Rep. Cole moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 748.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a second time.
Rep. VanWoerkom moved to substitute (H-3) the bill.
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 748, entitled
A bill to make, supplement, and adjust
appropriations for various state departments and agencies for the fiscal year
ending September 30, 2021; and to provide for the expenditure of the
appropriations.
Was read a third time and
passed, a majority of the members serving voting therefor, by yeas and nays, as
follows:
Roll Call No. 491 Yeas—101
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garrett Koleszar Sabo
Anthony Garza Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hauck Love VanSingel
Cambensy Hernandez Lower VanWoerkom
Camilleri Hertel Maddock Vaupel
Carter, B. Hoadley Manoogian Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley, C. Whiteford
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson, S. Pohutsky Yaroch
Ellison
Nays—0
In The Chair: Lilly
The House agreed to the title of the bill.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Cole moved that Rule
71 be suspended.
The motion prevailed, 3/5
of the members present voting therefor.
this resolution is offered to comply with mcl 4.101.
Rep. Hall offered the following concurrent resolution:
House Concurrent Resolution No. 31.
A concurrent resolution to grant the Joint Select Committee on the COVID-19 Pandemic the power to subpoena witnesses and administer oaths.
Whereas, Section 1 of 1931 PA 118, MCL 4.101, provides:
Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions. Any witness who neglects or refuses to obey a subpoena of any of such committees or commissions, or who refuses to be sworn or testify, or who fails on demand to produce any papers, books or documents touching any matter under investigation, or any witness or attorney who is guilty of any contempt while in attendance at any hearing before any of such committees or commissions, may be punished as for contempt of the legislature.
; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That, pursuant to MCL 4.101, we hereby grant the Joint Select Committee on the COVID-19 Pandemic created by House Concurrent Resolution No. 20 of 2020 the power to issue subpoenas and administer oaths to elected officers, appointees, and employees of state departments, boards, institutions, agencies, or other bodies in the executive branch of state government.
The question being on the adoption of the concurrent resolution,
Rep. Cole demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 492 Yeas—68
Afendoulis Farrington Kahle Reilly
Albert Filler Kennedy Rendon
Alexander Frederick Koleszar Schroeder
Allor Glenn Kuppa Shannon
Bellino Green LaFave Sheppard
Berman Griffin Leutheuser Slagh
Bollin Haadsma Lightner VanSingel
Brann Hall Lilly VanWoerkom
Byrd Hauck Lower Vaupel
Calley Hernandez Maddock Wakeman
Camilleri Hoadley Markkanen Webber
Chatfield Hoitenga Meerman Wendzel
Cole Hornberger Miller Wentworth
Coleman Howell Mueller Whiteford
Crawford Huizenga O’Malley Witwer
Eisen Iden Paquette Wozniak
Elder Johnson, S. Pohutsky Yaroch
Nays—33
Anthony Garrett Jones Rabhi
Bolden Garza LaGrand Sabo
Brixie Greig Lasinski Sneller
Cambensy Guerra Liberati Sowerby
Carter, B. Hertel Love Stone
Cherry Hood Manoogian Tate
Chirkun Hope Neeley, C. Warren
Clemente Inman Peterson Wittenberg
Ellison
In The Chair: Lilly
Rep. Cole moved that Rule
71 be suspended.
The motion prevailed, 3/5
of the members present voting therefor.
Rep. Steven Johnson offered the following resolution:
House Resolution No. 323.
A resolution to discourage Congress from expanding the size of the Supreme Court of the United States.
Whereas, For over 150 years, there have been nine seats on the Supreme Court of the United States. While the country has grown and changed during that period, the Supreme Court has repeatedly demonstrated its ability to fulfill its constitutional role as the nation’s highest court and remain an independent arbiter of the law without additional justices; and
Whereas, In recent months, there have been calls to increase the number of justices on the Supreme Court in an effort to gain political advantage. The number of justices on the Supreme Court has been fixed by federal law since 1869 and efforts to expand the size of the Supreme Court in the century and a half since have been met with significant resistance from the American people; and
Whereas, The legitimacy of the Supreme Court is its most valuable asset. The Supreme Court’s ability to issue rulings which are followed nationwide rests on the American people’s respect for the institution’s independence and separation from day-to-day politics; and
Whereas, The federal judiciary, particularly the Supreme Court, must remain insulated from partisan disputes. Politicizing the Supreme Court by adding seats for the purpose of generating an ideological shift would be enormously detrimental for the public’s faith in the judicial branch as an independent and impartial branch of government. The framers of the U.S. Constitution envisioned a system in which Supreme Court justices and federal judges would serve lifetime appointments, ensuring that the judiciary would not experience the kinds of political pressures that are present in the elected branches; and
Whereas, Subjecting the
Supreme Court to major structural changes as a consequence of shifting partisan
control of the executive and legislative branches would bring the judiciary
into the political fray in a way that would harm its ability to fulfill its
critical role in our system; now, therefore, be it
Resolved by the House of Representatives, That we discourage Congress from expanding the size of the Supreme Court of the United States; 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 question being on the adoption of the resolution,
Rep. Cole demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 493 Yeas—70
Afendoulis Frederick Koleszar Rendon
Albert Glenn Kuppa Schroeder
Alexander Green LaFave Shannon
Allor Griffin LaGrand Sheppard
Bellino Haadsma Leutheuser Slagh
Berman Hall Lightner Sneller
Bollin Hauck Lilly VanSingel
Brann Hernandez Lower VanWoerkom
Calley Hoadley Maddock Vaupel
Cambensy Hoitenga Markkanen Wakeman
Chatfield Hornberger Meerman Webber
Cole Howell Miller Wendzel
Coleman Huizenga Mueller Wentworth
Crawford Iden O’Malley Whiteford
Eisen Inman Paquette Witwer
Elder Johnson, S. Pohutsky Wozniak
Farrington Kahle Reilly Yaroch
Filler Kennedy
Nays—24
Anthony Clemente Lasinski Rabhi
Brixie Ellison Liberati Sabo
Byrd Garrett Love Sowerby
Camilleri Greig Manoogian Tate
Carter, B. Hood Neeley, C. Warren
Chirkun Hope Peterson Wittenberg
In The Chair: Lilly
______
Rep. Love, having reserved the right to
explain her nay vote, made the following statement:
“Mr. Speaker and members
of the House:
I opposed HR323 as it is
a presumptive, premature and unnecessary resolution that assumes the intentions
of a candidate that has not yet been elected as President of the United States
of America. This matter is not before us in reality and acts as a phantom rumor
and political fodder.”
The Speaker laid before the House
House
Resolution No. 319.
A resolution to condemn Azerbaijan’s coordinated offensive in Nagorno-Karabakh and denounce Turkish interference in the conflict and to urge the United States Department of State to work with the co-chairs of the Minsk Group and the governments of Armenia, Azerbaijan, and the Republic of Artsakh to achieve a long-lasting and peaceful resolution to this conflict.
(For text of resolution, see House Journal No.
81, p. 2281.)
(The resolution was discharged from the
Committee on Government Operations on October 14, see today’s Journal,
p. 2330.)
The question being on the adoption of the resolution,
The resolution was adopted.
The motion prevailed.
Rep. Cole moved that when the House adjourns Wednesday, October 21 it stand adjourned until Wednesday, October 28, at 10:00 a.m.
The motion prevailed.
Rep. Cole moved that when the House adjourns Wednesday, October 28 it stand adjourned until Wednesday, November 4, at 1:30 p.m.
The motion prevailed.
Introduction of Bills
House Bill No. 6298, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2020 PA 127.
The bill was read a first time by its title and referred to the Committee on Transportation.
House Bill No. 6299, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
House Bill No. 6300, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
House Bill No. 6301, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
House Bill No. 6302, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
The bill was read a first time by its title and referred to the Committee on Appropriations.
House Bill No. 6303, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
The bill was read a first time by its title and referred to the Committee on Appropriations.
House Bill No. 6304, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Allor, Bellino, Paquette, Afendoulis, Sheppard, Leutheuser, Eisen, Yaroch and Brann introduced
House Bill No. 6305, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 13 (MCL 421.13), as amended by 2012 PA 493.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Garrett, Peterson, Shannon, Hertel, Love, Liberati, Brenda Carter and Vaupel introduced
House Bill No. 6306, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1179c.
The bill was read a first time by its title and referred to the Committee on Education.
House Bill No. 6307, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 784.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
House Bill No. 6308, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13g (MCL 777.13g), as amended by 2014 PA 403.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
House Bill No. 6309, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” (MCL 450.1101 to 450.2098) by adding chapter 9A.
The
bill was read a first time by its title and referred to the Committee on
Government Operations.
House Bill No. 6310, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” (MCL 450.1101 to 450.2098) by adding section 961 to chapter 9A.
The bill was read a first time by its title and referred to the Committee on Government Operations.
House Bill No. 6311, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 105, 106, 131, 202, 211, 745, 746, and 762 (MCL 450.1105, 450.1106, 450.1131, 450.1202, 450.1211, 450.1745, 450.1746, and 450.1762), sections 105, 106, and 211 as amended by 2012 PA 569, sections 131, 202, 746, and 762 as amended by 2018 PA 85, and section 745 as added by 2008 PA 402.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Koleszar, Greig, Ellison, Sowerby, Hood, Bolden, Pohutsky, Kuppa, Chirkun, Vaupel, Brixie, Sheppard and Hoadley introduced
House Bill No. 6312, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 911 (MCL 450.1911), as amended by 2012 PA 569.
The bill was read a first time by its title and referred to the Committee on Government Operations.
______
Rep. Cynthia Neeley moved that the House adjourn.
The motion prevailed, the time being 3:40 a.m.
GARY L. RANDALL
Clerk of the House of Representatives