STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

101st Legislature

REGULAR SESSION OF 2021

House Chamber, Lansing, Wednesday, April 21, 2021.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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—excused 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—excused 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. Annette Glenn, from the 98th District, offered the following invocation:

“Our beloved Father Who art in Heaven, hallowed be Thy name. Thy kingdom come, Thy will be done.

We humbly come before Thee with immense gratitude for the blessings—without number that You have bestowed on each of us. Each breath we take; each step is a gift from You. Each person we serve—we’re blessed to be Your partner, Your hands, in lightening their burdens. You’ve blessed us with a free country, where each of us here have chosen to serve in this chamber and to serve others. Let us not be weary in well doing.

In Isaiah 40 You promise us ‘they who wait for the Lord shall renew their strength; they shall mount up with wings like eagles; they shall run and not be weary; they shall walk and not faint.’ Let us never be weary in serving, lifting and loving others.

We serve in a time where troubles can weigh us down on every side. In Joshua 1 You command us to be strong and courageous. To not be afraid or discouraged. You promise that You will be with us wherever we go.

Each day we face the unknown, but our unknown is not unknown to You. In Jeremiah 29 You teach us that You have a plan for each one of us; Your children, and when we call upon You—You will hear us. When we seek You—You will be found. In Philippians, Paul teaches ‘I can do all things through Christ who strengthen me.’

Father bless us to see clearly each other—as You see each of us—precious in Thy sight.

Strengthen us as we serve, that we may carry heavier burdens for others, and lighten their loads.

Take our meager gifts and talents and multiply them as You multiplied the 2 loafs of bread and five fish to feed thousands.

Strengthen us to remove the wall of our hearts that keep us from drawing near to You. Show us our weaknesses that we may become strong in You Lord. Refine us, Cleanse us. May we partner with You all the days of Your lives. May we seek first the kingdom of God and Your righteousness.

In the name of Jesus Christ our Savior and Redeemer, Amen.”

______

Rep. Rabhi moved that Reps. Brabec and Jones be excused from today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4019, 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 received from the Senate on April 20, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 32, p. 525.)

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:

Roll Call No. 124 Yeas—108

Aiyash Damoose LaFave Roth

Albert Eisen LaGrand Sabo

Alexander Ellison Lasinski Schroeder

Allor Farrington Liberati Scott

Anthony Filler Lightner Shannon

Beeler Fink Lilly Slagh

Bellino Frederick Maddock Sneller

Berman Garza Manoogian Sowerby

Beson Glenn Marino Steckloff

Bezotte Green Markkanen Steenland

Bolden Griffin Martin Stone

Bollin Haadsma Meerman Tate

Borton Hall Morse Thanedar

Brann Hammoud Mueller Tisdel

Breen Hauck Neeley VanSingel

Brixie Hertel O’Malley VanWoerkom

Calley Hoitenga O’Neal Wakeman

Cambensy Hood Outman Weiss

Camilleri Hope Paquette Wendzel

Carra Hornberger Peterson Wentworth

Carter, B Howell Pohutsky Whiteford

Carter, T Huizenga Posthumus Whitsett

Cavanagh Johnson, C Puri Witwer

Cherry Johnson, S Rabhi Wozniak

Clemente Kahle Reilly Yancey

Clements Koleszar Rendon Yaroch

Coleman Kuppa Rogers Young

Nays—0

In The Chair: Hornberger

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

Third Reading of Bills

House Bill No. 4142, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82105, 82114, 82118, and 82119 (MCL 324.82105, 324.82114, 324.82118, and 324.82119), sections 82105 and 82114 as amended by 2012 PA 28, section 82118 as amended by 2010 PA 371, and section 82119 as amended by 2005 PA 307.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 125 Yeas—108

Aiyash Damoose LaFave Roth

Albert Eisen LaGrand Sabo

Alexander Ellison Lasinski Schroeder

Allor Farrington Liberati Scott

Anthony Filler Lightner Shannon

Beeler Fink Lilly Slagh

Bellino Frederick Maddock Sneller

Berman Garza Manoogian Sowerby

Beson Glenn Marino Steckloff

Bezotte Green Markkanen Steenland

Bolden Griffin Martin Stone

Bollin Haadsma Meerman Tate

Borton Hall Morse Thanedar

Brann Hammoud Mueller Tisdel

Breen Hauck Neeley VanSingel

Brixie Hertel O’Malley VanWoerkom

Calley Hoitenga O’Neal Wakeman

Cambensy Hood Outman Weiss

Camilleri Hope Paquette Wendzel

Carra Hornberger Peterson Wentworth

Carter, B Howell Pohutsky Whiteford

Carter, T Huizenga Posthumus Whitsett

Cavanagh Johnson, C Puri Witwer

Cherry Johnson, S Rabhi Wozniak

Clemente Kahle Reilly Yancey

Clements Koleszar Rendon Yaroch

Coleman Kuppa Rogers Young

Nays—0

In The Chair: Hornberger

The House agreed to the title of the bill.

Rep. Frederick moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4141, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801e (MCL 257.801e), as amended by 1983 PA 91.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 126 Yeas—108

Aiyash Damoose LaFave Roth

Albert Eisen LaGrand Sabo

Alexander Ellison Lasinski Schroeder

Allor Farrington Liberati Scott

Anthony Filler Lightner Shannon

Beeler Fink Lilly Slagh

Bellino Frederick Maddock Sneller

Berman Garza Manoogian Sowerby

Beson Glenn Marino Steckloff

Bezotte Green Markkanen Steenland

Bolden Griffin Martin Stone

Bollin Haadsma Meerman Tate

Borton Hall Morse Thanedar

Brann Hammoud Mueller Tisdel

Breen Hauck Neeley VanSingel

Brixie Hertel O’Malley VanWoerkom

Calley Hoitenga O’Neal Wakeman

Cambensy Hood Outman Weiss

Camilleri Hope Paquette Wendzel

Carra Hornberger Peterson Wentworth

Carter, B Howell Pohutsky Whiteford

Carter, T Huizenga Posthumus Whitsett

Cavanagh Johnson, C Puri Witwer

Cherry Johnson, S Rabhi Wozniak

Clemente Kahle Reilly Yancey

Clements Koleszar Rendon Yaroch

Coleman Kuppa Rogers Young

Nays—0

In The Chair: Hornberger

The House agreed to the title of the bill.

Rep. Frederick moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4143, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 215, 226a, 234, and 243 (MCL 257.215, 257.226a, 257.234, and 257.243), section 226a as amended by 2006 PA 516, section 234 as amended by 2002 PA 552, and section 243 as amended by 1989 PA 299.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 127 Yeas—107

Aiyash Damoose LaFave Sabo

Albert Eisen LaGrand Schroeder

Alexander Ellison Lasinski Scott

Allor Farrington Liberati Shannon

Anthony Filler Lightner Slagh

Beeler Fink Lilly Sneller

Bellino Frederick Maddock Sowerby

Berman Garza Manoogian Steckloff

Beson Glenn Marino Steenland

Bezotte Green Markkanen Stone

Bolden Griffin Martin Tate

Bollin Haadsma Meerman Thanedar

Borton Hall Morse Tisdel

Brann Hammoud Neeley VanSingel

Breen Hauck O’Malley VanWoerkom

Brixie Hertel O’Neal Wakeman

Calley Hoitenga Outman Weiss

Cambensy Hood Paquette Wendzel

Camilleri Hope Peterson Wentworth

Carra Hornberger Pohutsky Whiteford

Carter, B Howell Posthumus Whitsett

Carter, T Huizenga Puri Witwer

Cavanagh Johnson, C Rabhi Wozniak

Cherry Johnson, S Reilly Yancey

Clemente Kahle Rendon Yaroch

Clements Koleszar Rogers Young

Coleman Kuppa Roth

Nays—1

Mueller

In The Chair: Hornberger

The House agreed to the title of the bill.

Rep. Frederick moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4150, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 802 (MCL 257.802), as amended by 2019 PA 88.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 128 Yeas—108

Aiyash Damoose LaFave Roth

Albert Eisen LaGrand Sabo

Alexander Ellison Lasinski Schroeder

Allor Farrington Liberati Scott

Anthony Filler Lightner Shannon

Beeler Fink Lilly Slagh

Bellino Frederick Maddock Sneller

Berman Garza Manoogian Sowerby

Beson Glenn Marino Steckloff

Bezotte Green Markkanen Steenland

Bolden Griffin Martin Stone

Bollin Haadsma Meerman Tate

Borton Hall Morse Thanedar

Brann Hammoud Mueller Tisdel

Breen Hauck Neeley VanSingel

Brixie Hertel O’Malley VanWoerkom

Calley Hoitenga O’Neal Wakeman

Cambensy Hood Outman Weiss

Camilleri Hope Paquette Wendzel

Carra Hornberger Peterson Wentworth

Carter, B Howell Pohutsky Whiteford

Carter, T Huizenga Posthumus Whitsett

Cavanagh Johnson, C Puri Witwer

Cherry Johnson, S Rabhi Wozniak

Clemente Kahle Reilly Yancey

Clements Koleszar Rendon Yaroch

Coleman Kuppa Rogers Young

Nays—0

In The Chair: Hornberger

The House agreed to the title of the bill.

Rep. Frederick 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

Reps. Carra, LaFave and Maddock offered the following resolution:

House Resolution No. 86.

A resolution to urge the United States House of Representatives to adopt a resolution disavowing the January 2021 impeachment of President Donald J. Trump or expel U.S. Representative Maxine Waters for continuing to incite violence.

Whereas, United States Representative Maxine Waters (D-California) has incited violence on multiple occasions. Over the course of the last few years, Congresswoman Waters has frequently encouraged violence, including on Trump Administration officials. On June 23, 2018, she said, “If you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd. And you push back on them. And you tell them they’re not welcome anymore, anywhere.” Most recently, on April 17, 2021, Congresswoman Waters responded to a reporter who was asking what protestors should do if Officer Derek Chauvin was to not be found guilty of murdering George Floyd by stating, “We’ve got to stay on the street and we’ve got to get more active, we’ve got to get more confrontational. We’ve got to make sure that they know that we mean business.”; and

Whereas, The United States House of Representatives impeached Donald J. Trump, the 45th President of the United States, for incitement of insurrection. President Trump did not incite violence and was not responsible for any acts of aggression or violence on January 6, 2021. The United States House of Representatives launched no formal investigation of the facts and held no hearings on the matter, breaking with the precedent of every previously held impeachment. Debate on the matter was limited to only two hours on one of the most important votes many of those members would ever take; and

Whereas, It is imperative that the United States House of Representatives not cheapen the process of removing elected officials by engaging in politically driven decisions and proceedings regarding when to seek removal. Consistent standards must be applied in any effort to remove federally elected officials; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States House of Representatives to either adopt a resolution disavowing the January 2021 impeachment of Donald J. Trump, the 45th President of the United States, or to expel United States Representative Maxine Waters for continuing to incite violence; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives and the members of the Michigan congressional delegation; and be it further

Resolved, That we request a personal response to this resolution be sent to the Speaker of the Michigan House of Representatives and the Senate Majority Leader within one month of receipt.

The resolution was referred to the Committee on Government Operations.

Reps. Hope, Sowerby, Tyrone Carter, O’Neal, Breen, Hood, Aiyash, Howell, Brenda Carter, Brixie, Kuppa, Koleszar, Rogers, Anthony, Cavanagh, Pohutsky, Stone, Whitsett, Haadsma and Sneller offered the following concurrent resolution:

House Concurrent Resolution No. 6.

A concurrent resolution to memorialize the Congress of the United States to oppose recommendations to privatize and slow the service of the United States Postal Service.

Whereas, The United States Postal Service (USPS) is a core governmental function recognized by our founding fathers in the U.S. Constitution. Article I, Section 8, Clause 7 of the U.S. Constitution grants Congress the power to establish post offices and post roads; and

Whereas, The USPS provides high-quality universal service without taxpayer funding. The USPS receives no tax dollars and funds its operations through the sale of postage products and services. Even without taxpayer funding, the USPS provides excellent service and consistently receives the highest approval ratings of federal departments and agencies; and

Whereas, The USPS is a source of decent and dignified jobs in the United States. The agency employs workers of all nationalities from diverse backgrounds of all kinds. The USPS has more than 500,000 employees at the center of the $1.4 trillion mailing industry that employs 7.5 million Americans. It is also the nation’s second-largest employer of military veterans; and

Whereas, Proposals to privatize the USPS would limit service and increase prices for Michigan’s 32 rural counties. A privatized postal service will be driven by profit and would lead to increased rates and lost service for rural areas where delivery is more expensive. This will enrich a few private companies at the expense of rural communities in Michigan and across the country; and

Whereas, The current U.S. Postmaster General has proposed numerous changes, including changing service standards that will lead to slower delivery, plant consolidations, and reduced operating hours at post offices. These changes would negatively impact the agency, postal workers, and the American public; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to oppose recommendations to privatize the United States Postal Service; and be it further

Resolved, That we memorialize the Congress of the United States to restore service standards to 2012 levels to improve delivery of America’s mail; and be it further

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

The concurrent resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 85.

A resolution to declare April 2021 as Natural Gas and Electric Service Workers Appreciation Month in the state of Michigan.

(For text of resolution, see House Journal No. 31, p. 495.)

(The resolution was reported by the Committee on Energy on April 20.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4289, entitled

A bill to create the Michigan first-time home buyer savings program; to provide for first-time home buyer savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax deductions; and to provide for penalties and remedies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Alexander moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4290, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4454, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11502 and 11503 (MCL 324.11502 and 324.11503), section 11502 as amended by 2018 PA 640 and section 11503 as amended by 2020 PA 85, and by designating sections 11501 to 11508 as subpart 1 of part 115.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4455, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11504, 11505, 11506, 11507, 11507a, and 11508 (MCL 324.11504, 324.11505, 324.11506, 324.11507, 324.11507a, and 324.11508), section 11504 as amended by 2020 PA 85, section 11505 as amended by 2018 PA 640, section 11506 as amended by 2018 PA 615, and section 11507a as amended by 2004 PA 39.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4456, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11509, 11510, 11511, 11511a, 11511b, 11512, 11513, 11514, 11514b, 11515, 11516, 11517, 11518, 11519, 11519b, and 11521b (MCL 324.11509, 324.11510, 324.11511, 324.11511a, 324.11511b, 324.11512, 324.11513, 324.11514, 324.11514b, 324.11515, 324.11516, 324.11517, 324.11518, 324.11519, 324.11519b, and 324.11521b), sections 11509, 11510, 11512, 11513, 11515, 11516, and 11518 as amended and sections 11511a and 11519b as added by 2018 PA 640, section 11511 as amended by 2011 PA 215, section 11511b as amended by 2016 PA 437, section 11514 as amended by 2008 PA 394, section 11514b as added by 2018 PA 688, sections 11517 and 11519 as amended by 1996 PA 358, and section 11521b as added by 2014 PA 24, by designating sections 11509 to 11519b as subpart 2 and section 11521b as subpart 3 of part 115, and by adding sections 11512b, 11512d, 11512f, and 11512h; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources and Outdoor Recreation,

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

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

The motion prevailed.

House Bill No. 4457, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11523, 11523a, 11523b, 11525, 11525a, and 11525b (MCL 324.11523, 324.11523a, 324.11523b, 324.11525, 324.11525a, and 324.11525b), sections 11523, 11523a, 11523b, 11525, and 11525b as amended by 2018 PA 640 and section 11525a as amended by 2019 PA 77, by designating sections 11523 to 11525f as subpart 4 of part 115, and by adding sections 11525d and 11525f.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources and Outdoor Recreation,

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

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

The motion prevailed.

House Bill No. 4458, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11526, 11526a, 11527, 11528, 11531, 11532, 11533, 11539, 11540, 11541, 11546, and 11549 (MCL 324.11526, 324.11526a, 324.11527, 324.11528, 324.11531, 324.11532, 324.11533, 324.11539, 324.11540, 324.11541, 324.11546, and 324.11549), section 11526 as amended by 2004 PA 43, section 11526a as added by 2004 PA 40, sections 11528 and 11539 as amended by 2018 PA 640, section 11533 as amended by 2004 PA 44, section 11541 as amended by 1996 PA 358, section 11546 as amended by 2006 PA 56, and section 11549 as amended by 2006 PA 58, and by designating sections 11526 to 11533 as subpart 5, sections 11539 to 11541 as subpart 6, and sections 11546 to 11549 as subpart 7 of part 115; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. O’Malley moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4459, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11550, 11553, and 11554 (MCL 324.11550, 324.11553, and 324.11554), section 11550 as amended by 2020 PA 201 and sections 11553 and 11554 as added by 2014 PA 178, and by designating section 11550 as subpart 8 and sections 11553 and 11554 as subpart 9 of part 115.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4460, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding subpart 10 to part 115.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources and Outdoor Recreation,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Frederick moved to reconsider the vote by which the House did not adopt the substitute (H-1) previously recommended by the Committee on Natural Resources and Outdoor Recreation.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the substitute (H-1) previously recommended by the Committee on Natural Resources and Outdoor Recreation,

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

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

The motion prevailed.

House Bill No. 4461, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding subpart 11 to part 115.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources and Outdoor Recreation,

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

Rep. Koleszar moved to amend the bill as follows:

1. Amend page 25, line 25, after “meet” by striking out the balance of the section and inserting “any of the following:

(a) Additional siting criteria.

(b) The requirements of section 11585(3)(c)(i).”.

2. Amend page 29, line 17, after “Has” by striking out the balance of the subparagraph and inserting “all of the following, as applicable:

(A) Approval of the host community.

(B) If the materials management facility is a landfill that is contiguous to a municipality in another county, approval of that municipality.

(C) If the materials management facility is a landfill that is contiguous to a segment of a street, road, or highway and if that segment is contiguous to a municipality in another county, approval of that municipality.”.

3. Amend page 29, line 19, after “not” by striking out the balance of the subparagraph and inserting “meet the requirements of subparagraph (i).”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

______

Rep. Frederick 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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, April 20:

House Bill Nos. 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, April 21, for her approval of the following bills:

Enrolled House Bill No. 4571 at 2:32 p.m.

Enrolled House Bill No. 4569 at 2:30 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, April 21:

Senate Bill Nos. 369 370 371 372 373 374 375 376 377 378 379

The Clerk announced that the following Senate bills had been received on Wednesday, April 21:

Senate Bill Nos. 134 157 312

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2021

Present: Reps. Albert, Whiteford, Allor, Brann, Hornberger, VanSingel, Yaroch, Bollin, Glenn, Huizenga, Lightner, Slagh, VanWoerkom, Beson, Borton, Fink, Tate, Hammoud, Peterson, Sabo, Tyrone Carter, Hood, Cynthia Johnson, Brabec, O’Neal, Steckloff, Thanedar and Weiss

Absent: Rep. Maddock

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2021

Present: Reps. Hall, Tisdel, Calley, Farrington, Steven Johnson, Meerman, O’Malley, Beeler, Outman, Yancey, Ellison, Brixie, Kuppa, Neeley and Cavanagh

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2021

Present: Reps. Alexander, Posthumus, Bellino, Rendon, Filler, Carra, Garza, Cambensy, Hope, Witwer and Puri

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Calley, Chair, of the Committee on Local Government and Municipal Finance, was received and read:

Meeting held on: Wednesday, April 21, 2021

Present: Reps. Calley, Bezotte, Howell, Alexander, Bellino, Marino, Berman, Paquette, Ellison, Sowerby, Garza, Kuppa and Cavanagh

Messages from the Senate

House Bill No. 4469, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2021; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The Senate has passed the bill and ordered that it be given immediate effect.

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

Senate Bill No. 46, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.

The Senate has substituted (S-3) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-3).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 134, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 410c.

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. 157, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16103, 16109, 16181, 16303, 16323, and 20950 (MCL 333.16103, 333.16109, 333.16181, 333.16303, 333.16323, and 333.20950), section 16103 as amended by 1993 PA 80, section 16109 as amended by 1991 PA 58, section 16181 as amended by 2014 PA 148, section 16303 as added by 1988 PA 462, section 16323 as amended by 2018 PA 463, and section 20950 as amended by 2013 PA 165, and by adding section 16186a.

The Senate has passed the bill.

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

Senate Bill No. 312, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 104, 105, 213, and 2404b (MCL 339.103, 339.104, 339.105, 339.213, and 339.2404b), section 103 as amended by 1994 PA 257, section 104 as amended by 2020 PA 372, section 105 as amended by 2016 PA 502, section 213 as amended by 2014 PA 149, and section 2404b as amended by 2014 PA 175, and by adding section 217.

The Senate has passed the bill.

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

Messages from the Governor

The following message from the Governor was received April 21, 2021 and read:

EXECUTIVE ORDER

No. 2021-5

Michigan Jail Reform Advisory Council

Department of Technology, Management and Budget

The Michigan Joint Task Force on Jail and Pretrial Incarceration, created by Executive Order No. 2019-10 and co-chaired by Michigan’s Lieutenant Governor and Chief Justice, issued its final report and recommendations in January of 2020. The Task Force found significant growth in county jail populations, costing taxpayers nearly half a billion dollars annually. Jail populations have been driven equally by pretrial and post-conviction incarceration, with limited guidance in state law on the preferred or presumed intervention. The Task Force recommended extensive state policy changes related to traffic violations, arrests, behavioral health diversion, pretrial release and detention, speedy trials, sentencing, probation and parole, financial barriers for system-involved individuals, victim services, and data collection.

The Michigan Legislature passed many of the Task Force recommendations with bipartisan support in December of 2020, which were signed into law on January 4, 2021. The legislature is considering other reforms, as well.

As a national leader in criminal justice reform, Michigan must prioritize the full and timely implementation of these jail reforms and track related outcomes. Interdisciplinary, inter-branch coordination is vital for implementing policy and practice changes, developing educational materials, supporting justice system practitioners, and monitoring performance measures.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 8 of article 5 of the Michigan Constitution of 1963 places each principal department of state government under the supervision of the governor unless otherwise provided.

Section 8 of article 5 of the Michigan Constitution of 1963 also obligates the governor to take care that the laws be faithfully executed.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. Creating the Michigan Jail Reform Advisory Council

(a) The Michigan Jail Reform Advisory Council (“Council”) is created as an advisory body within the Department of Technology, Management, and Budget (“Department”), consisting of 19 members.

(b) The governor will appoint the following members:

(1) The secretary of state or the secretary of state’s designated representative from within the Office of Secretary of State of Michigan.

(2) The attorney general or the attorney general’s designated representative from within the Department of Attorney General.

(3) The director of the Michigan State Police or the director’s designated representative from within the Michigan State Police.

(4) The director of the Michigan Department of Corrections or the director’s designated representative from within the Michigan Department of Corrections.

(5) The director of the Michigan Department of Health and Human Services or the director’s designated representative from within the Division of Victims Services.

(6) An individual who is a public defender or criminal defense attorney for indigent clients, after soliciting and considering nominees from the Michigan Indigent Defense Commission.

(7) A county prosecutor, after soliciting and considering nominees from the Prosecuting Attorneys Association of Michigan.

(8) A member of a board of county commissioners, after soliciting and considering nominees from the Michigan Association of Counties.

(9) A county sheriff or jail administrator, after soliciting and considering nominees from the Michigan’s Sheriff’s Association.

(10) A police chief, after soliciting and considering nominees from the Michigan Association of Chiefs of Police.

(11) A community mental health employee, after soliciting and considering nominees from the Community Mental Health Association of Michigan.

(12) A representative of community corrections or pretrial services.

(1) The chief justice of the Michigan Supreme Court or the chief justice’s designated representative from within the State Court Administrative Office or Michigan Supreme Court.

(2) A circuit court judge designated by the chief justice of the Michigan Supreme Court.

(3) A district court judge designated by the chief justice of the Michigan Supreme Court.

(d) The following officers of the legislative branch of state government may participate as members of the Council:

(1) A member of the Michigan Senate appointed from a list of three nominees submitted by the senate majority leader.

(2) A member of the Michigan Senate appointed from a list of three nominees submitted by the senate minority leader.

(3) A member of the Michigan House of Representatives appointed from a list of three nominees submitted by the speaker of the Michigan House of Representatives.

(4) A member of the Michigan House of Representatives appointed from a list of three nominees submitted by the house minority leader.

(e) A vacancy on the Council must be filled in the same manner as the original appointment.

(f) The Governor must name a chairperson of the Council.

2. Charge to the Council

(a) The Council must facilitate, assist with, monitor, and evaluate the successful implementation of jail reform legislation throughout the State of Michigan. In pursuit of these objectives, the Council’s work may include, but is not limited to, the following:

(1) Provide information to criminal justice system professionals by drafting and distributing guides explaining jail reform legislation and their corresponding effective dates.

(2) Collaborate with and support local and state agencies with implementation strategies.

(3) Identify training needs for government agencies, system stakeholders, and professional associations to comply with the law and provide support as needed, including subject matter expertise, presentations, and educational materials.

(4) Coordinate with government agencies and departments to develop and implement necessary changes in forms, technology, and website information.

(5) Recommend reasonable timelines for government agencies and key justice system practitioner groups to report on steps taken to implement the statutory and budgetary changes. Provide feedback on implementation plans to support compliance and enhance the likelihood of full and timely implementation.

(6) Identify data that can reasonably be collected or sampled to measure the outcomes of jail reform legislation and partner with key justice system practitioner groups to gather that data.

(b) The Council must report annually on or before the 15th of January to the Governor, Legislature, and Supreme Court on implementation of the jail reform legislation and measurable outcomes.

(c) The Council must disseminate accurate and reliable information about the jail reform legislation and its outcomes through public statements, background information and fact-checks for lawmakers, practitioners, and the media, and annual reports on the performance of the policy changes.

(d) The Council will dissolve on March 31, 2023, or such other time as the governor directs.

3. Operations of the Council

(a) By mutual agreement, the State Court Administrative Office will provide personnel to assist the Council in the performance of its duties. As needed, the department must also assist the Council in the performance of its duties and provide personnel to staff the Council. The budgeting, procurement, and related management functions of the Council will be performed under the direction and supervision of the Department.

(b) The Council must adopt procedures, consistent with this order and applicable law, governing its organization and operations.

(c) The Council must meet at the call of its chairperson and as otherwise provided in the procedures adopted by the Council.

(d) The Council may select from among its members a vice chairperson.

(e) The Council may select from among its members a secretary. Council staff must assist the secretary with recordkeeping responsibilities.

(f) The Council must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.

(g) A majority of the members of the Council serving constitutes a quorum for the transaction of the business of the Council. The Council must act by a majority vote of its serving members.

(h) The Council may establish advisory workgroups composed of individuals or entities participating in Council’s activities or other members of the public as deemed necessary by the Council to assist it in performing its duties and responsibilities. The Council may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

(i) The Council may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public. The Council also may consult with outside experts to perform its duties, including their peers, justice-system practitioners and stakeholders, in-state and national experts, crime victims and those impacted by criminal justice systems in the state, community leaders and members of the public.

(j) The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Department deems advisable and necessary, consistent with this order and applicable law, rules, and procedures, subject to available funding.

(k) The Council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used in accordance with law.

(l) Members of the Council must not receive additional compensation for participation on the Council. Members of the Council may receive reimbursement for necessary travel and expenses consistent with applicable law, rules, and procedures, subject to available funding.

(m) Members of the Council must refer all legal, legislative, and media contacts to the Executive Office of the Governor.

4. Implementation

(a) All departments, committees, commissioners, or officers of this state must give to the Council, or to any member or representative of the Council, any necessary assistance required by the Council, or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with their duties and consistent with this order and applicable law. Free access also must be given to any books, records, or documents in their custody relating to matters within the scope of inquiry, study, or review of the Council, consistent with applicable law.

(b) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.

(c) Nothing in this order should be construed to change the organization of the executive branch of state government or the assignment of functions among its units, in a manner requiring the force of law.

(d) If any portion of this order is found to be unenforceable, the rest of the order remains in effect.

(e) This order is effective upon filing. Given under my hand and the Great Seal of the State of Michigan.

Date: April 21, 2021

Time: 8:00 am

[SEAL] GRETCHEN WHITMER

GOVERNOR

By the Governor:

Jocelyn Benson

SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

Reps. VanSingel and Albert introduced

House Bill No. 4669, 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; to investigate and study the tolling of roads, streets, highways, or bridges; 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 18n.

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

Reps. Kahle, Slagh, Posthumus, Tyrone Carter and Calley introduced

House Bill No. 4670, entitled

A bill to amend 1893 PA 118, entitled “An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith,” (MCL 800.33 to 800.61) by adding section 33a.

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

Reps. Tyrone Carter, Kahle, Slagh, Posthumus and Calley introduced

House Bill No. 4671, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33, 33c, 34, and 35 (MCL 791.233, 791.233c, 791.234, and 791.235), sections 33 and 34 as amended by 2019 PA 14, section 33c as added by 1994 PA 217, and section 35 as amended by 2019 PA 13.

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

Reps. Posthumus, Kahle, Slagh, Tyrone Carter and Calley introduced

House Bill No. 4672, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2012 PA 319.

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

Reps. Calley, Kahle, Slagh, Posthumus and Tyrone Carter introduced

House Bill No. 4673, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 13 and 41 (MCL 780.763 and 780.791), section 41 as amended by 2000 PA 503.

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

Reps. Kahle, Slagh, Posthumus and Tyrone Carter introduced

House Bill No. 4674, entitled

A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending sections 1, 4, 9, 11, and 15 (MCL 18.351, 18.354, 18.359, 18.361, and 18.365), sections 1, 9, and 15 as amended by 1996 PA 519, section 4 as amended by 2008 PA 390, section 11 as amended by 2010 PA 282.

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

Reps. Slagh, Kahle, Posthumus, Tyrone Carter and Calley introduced

House Bill No. 4675, entitled

A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending sections 1, 5, 10, and 11 (MCL 18.351, 18.355, 18.360, and 18.361), section 1 as amended by 1996 PA 519, sections 5 and 10 as amended by 2008 PA 390, and section 11 as amended by 2010 PA 282.

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

Reps. Yancey, Kahle, Slagh, Posthumus, Tyrone Carter and Calley introduced

House Bill No. 4676, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by adding section 1c.

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

Reps. Hammoud, Kahle, Slagh, Posthumus, Tyrone Carter, Aiyash and Yancey introduced

House Bill No. 4677, entitled

A bill to amend 2018 PA 338, entitled “Paid medical leave act,” by amending the title and sections 2 and 4 (MCL 408.962 and 408.964), as amended by 2018 PA 369.

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

Reps. Cherry, Scott, Sneller, Aiyash, Rogers, Puri, Brenda Carter, Neeley, LaGrand, Manoogian and Peterson introduced

House Bill No. 4678, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5474d.

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

Reps. Scott, Sneller, Cherry, Aiyash, Rogers, Puri, Brenda Carter, Neeley, LaGrand, Manoogian and Peterson introduced

House Bill No. 4679, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9206 (MCL 333.9206), as amended by 1996 PA 540.

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

Reps. Fink and Roth introduced

House Bill No. 4680, entitled

A bill to amend 1968 PA 318, entitled “An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts,” by amending the title and section 7 (MCL 15.307).