No. 5

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Tuesday, February 2, 2021.

 

1:30 p.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.

 

Aiyash—present            Damoose—present        LaFave—present           Roth—present

Albert—present             Eisen—present             LaGrand—present         Sabo—present

Alexander—present        Ellison—present           Lasinski—present         Schroeder—present

Allor—present               Farrington—present      Liberati—present          Scott—present

Anthony—present          Filler—present              Lightner—present         Shannon—present

Beeler—present             Fink—present               Lilly—present              Slagh—present

Bellino—present            Frederick—present        Maddock—present        Sneller—present

Berman—present           Garza—present             Manoogian—present     Sowerby—present

Beson—present              Glenn—present             Marino—present           Steckloff—present

Bezotte—present            Green—present             Markkanen—present     Steenland—present

Bolden—present            Griffin—present           Martin—present            Stone—present

Bollin—present              Haadsma—present        Meerman—present        Tate—present

Borton—present             Hall—present               Morse—present            Thanedar—present

Brabec—present            Hammoud—present      Mueller—present          Tisdel—present

Brann—present              Hauck—present            Neeley—present           VanSingel—present

Breen—present              Hertel—present            O’Malley—present       VanWoerkom—present

Brixie—present              Hoitenga—present        O’Neal—present           Wakeman—present

Calley—present             Hood—present             Outman—present          Weiss—present

Cambensy—present        Hope—present             Paquette—present         Wendzel—present

Camilleri—present         Hornberger—present     Peterson—present         Wentworth—present

Carra—present               Howell—present           Pohutsky—present        Whiteford—present

Carter, B—present          Huizenga—present        Posthumus—present      Whitsett—present

Carter, T—present          Johnson, C—present     Puri—present               Witwer—present

Cavanagh—present        Johnson, S—present      Rabhi—present             Wozniak—present

Cherry—present             Jones—present             Reilly—present             Yancey—present

Clemente—present         Kahle—present             Rendon—present          Yaroch—present

Clements—present         Koleszar—present         Rogers—present           Young—present

Coleman—present          Kuppa—present                                               

 

e/d/s = entered during session

Rep. Abraham Aiyash, from the 4th District, offered the following invocation:

 

“BismaAllah Al-Rahman, Al-Raheem. In the name of God, the most compassionate, the most merciful.

All Praise is due to God, the Lord of the worlds. The most compassionate, the most merciful. Guide us to a path of justice and peace. A path in which we dignify one another’s humanity and praise the glory of Your bounty. Keep us on the path of those You have blessed before us, and not of those that have gone astray.

Lord, you are al-Hadi, the Guider. Guide us to pure convictions. Inspire in us the courage to act to match those convictions.

You are al-Mughni, The Fulfiller of Needs. Allow us to fulfill the needs of those who are vulnerable and suffer at the hands of injustice and oppression.

You are al-Mateen, The Ever Constant and Steadfast. Allow us to remain firm in our commitment to make the lives of all Michiganders better.

You are al Adl, the Most Just. Allow us to the commitment to seek justice, no matter who or for it is against.

You are al-Jami, the One Who unites. Allow us to work in that spirit and come together, unite, and do the work of the people.

You are Al-Waasi’ - the one Whose power, mercy, and generosity are boundless. Allow us to keep the hope, no matter the obstacles that lie ahead.           

Guide the deliberations of our chamber to just decisions.

Let us not be overcome by the darkness of evil and division. Let us be the light that we seek from You.

We commit ourselves not to betray our prayers with actions that contradict them. May we honor one another, glorify you together. And inspire our state to be better.

Amen.”

 

 

______

 

 

Representative-elect Bolden appeared at the Clerk’s desk and took and subscribed the constitutional oath of office, which was administered by Gary L. Randall, Clerk of the House.

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Motions and Resolutions

 

 

Reps. Camilleri and Garza offered the following resolution:

House Resolution No. 24.

A resolution to urge the U.S. Congress, the U.S. Securities and Exchange Commission, and other federal financial regulators to investigate the management of hedge funds, insider trading, market manipulation, the exploitation of customer data, and methods of stock market trading.

Whereas, A fair, transparent, and efficient stock market is necessary to our economy. The stock market is important to entrepreneurship, the ability to raise capital, and economic growth; and

Whereas, When unscrupulous individuals and organizations try to distort the stock market for personal gain and engage in other underhanded or illegal schemes, they hurt people and the economy. For many years, abuses of the market through complicated and confusing machinations have grown. Corrupt and unethical parties have sought to enrich themselves at the expense of everyday Americans’ pocketbooks, retirement savings, and financial condition; and

Whereas, The federal government must be a bulwark to prevent, combat, and end abuses of the stock market and in equity trading. Federal regulators need to root out all illegal and improper activity. Congress needs to implement a statutory system that guarantees a well-functioning stock market; now, therefore, be it

Resolved by the House of Representatives, That we urge the U.S. Congress, the U.S. Securities and Exchange Commission, and other federal financial regulators to investigate the management of hedge funds, insider trading, market manipulation, the exploitation of customer data, and methods of stock market trading, including software applications and online brokers, associated fees, taxes required for trading, and any restrictions imposed on trading; 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, the members of the Michigan congressional delegation, the United States Secretary of the Treasury, and the commissioners of the United States Securities and Exchange Commission.

The resolution was referred to the Committee on Financial Services.

 

 

______

 

 

Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.

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 28:

House Bill Nos.     4051   4052   4053  4054 4055  4056  4057  4058  4059 4060   4061  4062 4063       4064       4065       4066       4067

 

The Clerk announced that the following bills and joint resolution had been reproduced and made available electronically on Tuesday, February 2:

Senate Bill Nos.       65     66      67      68     69     70      71      72      73     74     75      76      77       78            79           80            81           82                                 83     84     85     86      87      88     89     90     91     92     93     94    95       96

Senate Joint Resolution D

 

 

Reports of Standing Committees

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Bollin, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Tuesday, February 2, 2021

Present: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett

 

 

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, February 2, 2021

Present: Reps. LaFave, Beeler, Eisen, Bezotte, Martin, Jones, Coleman, Rogers and Steenland

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, February 2, 2021

Present: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, February 2, 2021

Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen

 

 

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, February 2, 2021

Present: Reps. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri

 

 

Notices

 

 

Pursuant to Rule 41, the Speaker has made the following referral:

House Resolution No. 23 referred to the Committee on Oversight.

 

 

Introduction of Bills

 

 

Rep. Eisen introduced

House Bill No. 4068, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” (MCL 691.1401 to 691.1419) by adding section 6b.

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

 

 

Reps. Sowerby, Brabec, Clemente, Sneller, Pohutsky, Steenland, Hood, Cherry, Shannon, Haadsma, Hope, Cavanagh, Young, Tyrone Carter, Stone, LaGrand, Ellison, Kuppa, Hertel, Weiss, Anthony, Thanedar, Camilleri, Aiyash, Koleszar, Brixie, Sabo, Cambensy, Manoogian, Brenda Carter, Peterson, O’Neal, Rabhi, Rogers, Witwer and Liberati introduced

House Bill No. 4069, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 105d (MCL 400.105d), as amended by 2018 PA 208.

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

 

 

Reps. Koleszar, Tate, Shannon, Tyrone Carter, Wozniak, Brann, Brenda Carter, Stone, Kuppa, Sabo, Steckloff, Breen, Puri, Bellino, Mueller, Yaroch, Hertel, Clements, Bezotte, Sowerby, Slagh, Weiss and Anthony introduced

House Bill No. 4070, entitled

A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending section 3 (MCL 390.1243), as amended by 2012 PA 470.

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

Reps. Kahle and Calley introduced

House Bill No. 4071, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2020 PA 49.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

 

 

Reps. Calley and Kahle introduced

House Bill No. 4072, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

 

 

Reps. Brenda Carter, O’Neal, Stone, Kuppa, Shannon, Thanedar, Wozniak, Brixie, Cambensy, Sneller, Koleszar, Sowerby, Brabec, Yancey, Morse, Cavanagh, Steckloff, Puri, Clemente, Tyrone Carter, Hope, Whitsett, Ellison, Pohutsky, Lasinski, Manoogian, Liberati, LaGrand, Camilleri, Hood, Weiss, Aiyash, Young, Rabhi, Jones and Cynthia Johnson introduced

House Bill No. 4073, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.

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

 

 

Reps. Brann, Allor, Thanedar, Bellino, Glenn, Paquette, Peterson and Beson introduced

House Bill No. 4074, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1166b.

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

 

 

Reps. LaFave, Maddock, LaGrand, Markkanen, Bellino, Filler, Griffin, Whiteford, Paquette, Cynthia Johnson, Hood, O’Malley, Hammoud, Yaroch and Rendon introduced

House Bill No. 4075, entitled

A bill to amend 1956 PA 62, entitled “An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code,” by amending section 1 (MCL 257.951), as amended by 2006 PA 297.

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

 

 

Reps. LaFave, Maddock, LaGrand, Markkanen, Bellino, Filler, Griffin, Whiteford, Paquette, Cynthia Johnson, Hood, O’Malley, Hammoud, Yaroch and Rendon introduced

House Bill No. 4076, entitled

A bill to amend 1976 PA 220, entitled “Persons with disabilities civil rights act,” (MCL 37.1101 to 37.1607) by adding section 102a.

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

Reps. LaFave, Damoose, Maddock, Markkanen, Steven Johnson, O’Malley, Paquette, Outman and Beson introduced

House Bill No. 4077, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21106 (MCL 324.21106).

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

 

 

Reps. LaFave, Maddock, Fink, Markkanen, Steven Johnson and Outman introduced

House Bill No. 4078, entitled

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

The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.

 

 

Reps. LaFave, Maddock, Steven Johnson, Markkanen and Outman introduced

House Bill No. 4079, entitled

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

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

 

 

Reps. LaFave, Damoose, Maddock, Markkanen, Paquette, Outman and Beson introduced

House Bill No. 4080, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40103, and 40114 (MCL 324.40102, 324.40103, and 324.40114), section 40102 as amended by 2015 PA 24, section 40103 as amended by 2016 PA 382, and section 40114 as amended by 2018 PA 390, and by adding section 40111d.

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

 

 

Reps. LaFave, Damoose and Markkanen introduced

House Bill No. 4081, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2020 PA 3.

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

 

 

Reps. Frederick, Albert, VanWoerkom, Beson, Hall, Huizenga and O’Malley introduced

House Bill No. 4082, entitled

A bill to amend 1921 PA 2, entitled “An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred,” by amending section 3 (MCL 17.3), as amended by 2019 PA 161.

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

 

 

Reps. Cynthia Johnson, Aiyash, Tyrone Carter, Brixie, Thanedar, Stone, Hammoud, Scott, Cavanagh, Young, Sowerby, Rabhi, Whitsett, Brabec, Hood, Weiss and Jones introduced

House Bill No. 4083, entitled

A bill to prohibit certain inquiries and requests for disclosures during the hiring process; to provide for the powers and duties of certain state officers and entities; to provide for the promulgation of rules; to make appropriations for the implementation of this act; and to prescribe civil sanctions.

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

Reps. Cynthia Johnson, Coleman, Hood, Aiyash, Tyrone Carter, Thanedar, Hammoud, Scott, Stone, Young, Kuppa, Sowerby, Weiss, Cavanagh, Rabhi, Whitsett, Brabec and Jones introduced

House Bill No. 4084, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 8905a (MCL 324.8905a), as amended by 2014 PA 549.

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

 

 

Reps. Cynthia Johnson, Tyrone Carter and Jones introduced

House Bill No. 4085, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ii.

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

 

 

Reps. Cynthia Johnson, Tyrone Carter and Jones introduced

House Bill No. 4086, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ii.

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

 

 

Reps. Yaroch, Roth, O’Malley, Wozniak, Bezotte and Stone introduced

House Bill No. 4087, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” (MCL 30.401 to 30.421) by adding section 7b.

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

 

 

Reps. Borton, Roth, LaFave, Allor, Markkanen, Hoitenga, Beson, O’Malley, Martin, Bezotte, Carra, Damoose, Clements, Whiteford, LaGrand, Maddock, Paquette, Filler, Fink, Outman, Beeler, Cambensy, Breen, Green, Calley, Meerman, Shannon, Lightner, Hall, Steven Johnson, Mueller, Bollin and Wozniak introduced

House Bill No. 4088, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2015 PA 265.

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

 

 

Announcements by the Clerk

 

 

     January 28, 2021

Received from the Auditor General a copy of the:

·         Performance audit report on the Flint Emergency Expenditures, State of Michigan (000-2020-21), January 2021.

 

     January 28, 2021

Received from the Auditor General a copy of the:

·         Performance audit report on the Bridge Inspection Program and MiBRIDGE System, Michigan Department of Transportation (591-0169-19), January 2021.

                                                                                       Gary L. Randall

                                                                                       Clerk of the House

 

 

______

 

 

Rep. Witwer moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 3, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives