No. 55

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Thursday, June 10, 2021.

 

12:00 Noon.

 

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—excused         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. David LaGrand, from the 75th District, offered the following invocation:

 

“Creator God,

We pause before another day of session to give You thanks.

We thank You for our gifts of free will, judgement, and our ability to act.

We thank You for the gift of Michigan, our home, and the communities we love here, who loves us.

Help us to honor our gifts.

When we speak in this place, help us speak in love.

When we examine one another’s motives, help us to start from love, and to presume motives of love and empathy from those we may disagree with.

Help us to work, not fight. Help us to build, not in.

We confess that our wisdom is limited.

Forgive us when we make the wrong decision, or our decisions don’t achieve our intent.

We confess that our pride and vanity can be stumbling blocks to our best service.

Forgive us when we bask in flattery, and our resolve to do the right is weakened.

Creator God, we know, when we pause and ponder, that the world is not ours to save. This is Your world. We are all weak, fallible, perishable creatures.

Help us when we try.

Amen.”

 

 

______

 

 

The Speaker assumed the Chair.

 

 

______

 

 

Rep. Rabhi moved that Rep. Liberati be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 126.

A resolution of tribute offered as a memorial for Margaret O’Connor, former member of the House of Representatives.

Whereas, The members of this legislative body were saddened to learn of the passing of former Representative Margaret O’Connor. A strong advocate for limited government, she represented parts of Ann Arbor and the rural areas around it in the Fifty-second District with an unwavering resolve; and

Whereas, Margaret O’Connor was born and raised in Omaha, Nebraska, and would grow up to be a high school state champion swimmer. She attended Creighton University where she earned her bachelor’s degree in nursing education and met her husband, Gerald O’Connor. Married in 1953, she moved to Ann Arbor where she continued to work in nursing. While raising her family of 10 children, she became active in local politics, serving on the Lodi Township Board, Lodi Township Planning Commission, the Washtenaw County Board of Commissioners, and the Washtenaw County Planning Commission. She also earned another bachelor’s degree in political science and public administration from Eastern Michigan University. In 1982, she was elected to the first of five terms in the Michigan House of Representatives; and

Whereas, Margaret O’Connor spent her 10 years in this chamber championing limited government spending and decreased regulation. She regularly opposed budget bills that included spending she felt was inappropriate and wasteful. A conservative leader within this chamber, she ably served on committees dealing with labor, public health, mental health, state affairs, and civil rights issues, and was minority vice chair on committees related to constitutional and women’s issues. Her integrity and dedication earned the respect and admiration of her constituents; and

Whereas, Margaret O’Connor remained active in her community long after her time in the House of Representatives. She became an expert in local history, co-founding the Lodi Township Historic Preservation Group and working to restore the Lodi Township Cemetery and the township hall; and

Whereas, Margaret O’Connor lived a long, full life dedicated to public service and family. Her decades of contributions to her community and our state have made a lasting legacy in which her family can take pride; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Margaret O’Connor, a member of this legislative body from 1983 to 1992; and be it further

Resolved, That copies of this resolution be transmitted to the O’Connor family as evidence of our lasting esteem for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Reps. Bellino, Albert, Breen, Cherry, Haadsma, Hope, Kuppa, Sabo, Sneller, Steenland, Thanedar and Weiss offered the following resolution:

House Resolution No. 127.

A resolution to declare June 10, 2021, as Alcoholics Anonymous Day in the state of Michigan.

Whereas, On June 10, 1935, Bill Wilson and Dr. Bob Smith first met and what grew out of that meeting was Alcoholics Anonymous; and

Whereas, Out of Alcoholics Anonymous, the 12 step program, a set of spiritual guiding principles to assist in recovery from alcoholism was developed; and

Whereas, Alcoholics Anonymous has been a positive guide for countless people the world over as they have battled the disease of alcoholism; and

Whereas, Numerous people, both in America and worldwide, are sober because of their experiences in Alcoholics Anonymous; and

Whereas, The 12 step program developed by Alcoholics Anonymous has been adopted by numerous other groups around the world to assist people struggling with other addictions, such as narcotics, gambling, and overeating; and

Whereas, We stand in solidarity with our families, friends, and neighbors struggling with alcoholism; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 10, 2021, as Alcoholics Anonymous Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

 

Third Reading of Bills

 

 

Senate Bill No. 155, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17703, 17708, 17751, and 17757 (MCL 333.17703, 333.17708, 333.17751, and 333.17757), section 17703 as amended by 2016 PA 528, section 17708 as amended by 2020 PA 4, section 17751 as amended by 2020 PA 136, and section 17757 as amended by 2016 PA 383, and by adding section 17744f.

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

 

 

Roll Call No. 323                                   Yeas—109

 

 

Aiyash                              Damoose                 Kuppa                                    Roth

Albert                                Eisen                       LaFave                                   Sabo

Alexander                          Ellison                     LaGrand                                Schroeder

Allor                                 Farrington                Lasinski                                 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

Brabec                               Hammoud                Mueller                                  Tisdel

Brann                                Hauck                      Neeley                                   VanSingel

Breen                                Hertel                      O’Malley                               VanWoerkom

Brixie                                Hoitenga                  O’Neal                                   Wakeman

Calley                                Hood                       Outman                                  Weiss

Cambensy                         Hope                       Paquette                                 Wendzel

Camilleri                           Hornberger              Peterson                                 Wentworth

Carra                                 Howell                     Pohutsky                                Whiteford

Carter, B                            Huizenga                 Posthumus                             Whitsett

Carter, T                            Johnson, C               Puri                                        Witwer

Cavanagh                          Johnson, S               Rabhi                                     Wozniak

Cherry                               Jones                       Reilly                                     Yancey

Clemente                           Kahle                       Rendon                                  Yaroch

Clements                           Koleszar                  Rogers                                   Young

Coleman                                                                                                        

 

 

                                                               Nays—0

 

 

In The Chair: Hornberger

 

 

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. Frederick moved that the bill be given immediate effect.

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

 

 

Senate Bill No. 156, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406v.

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

 

 

Roll Call No. 324                                   Yeas—108

 

 

Aiyash                              Damoose                 Kuppa                                    Roth

Albert                                Eisen                       LaFave                                   Sabo

Alexander                          Ellison                     LaGrand                                Schroeder

Allor                                 Farrington                Lasinski                                 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

Brabec                               Hammoud                Mueller                                  Tisdel

Brann                                Hauck                      Neeley                                   VanSingel

Breen                                Hertel                      O’Malley                               VanWoerkom

Brixie                                Hoitenga                  O’Neal                                   Wakeman

Calley                                Hood                       Outman                                  Weiss

Cambensy                         Hope                       Paquette                                 Wendzel

Camilleri                           Hornberger              Peterson                                 Wentworth

Carter, B                            Howell                     Pohutsky                                Whiteford

Carter, T                            Huizenga                 Posthumus                             Whitsett

Cavanagh                          Johnson, C               Puri                                        Witwer

Cherry                               Johnson, S               Rabhi                                     Wozniak

Clemente                           Jones                       Reilly                                     Yancey

Clements                           Kahle                       Rendon                                  Yaroch

Coleman                            Koleszar                  Rogers                                   Young

 

 

                                                               Nays—1

 

 

Carra                                                                                                              

 

 

In The Chair: Hornberger

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”

The House agreed to the full title.

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

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

 

 

Senate Bill No. 440, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 22224b.

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

 

 

Roll Call No. 325                                    Yeas—82

 

 

Albert                                Ellison                     Kuppa                                    Rendon

Alexander                          Farrington                LaFave                                   Roth

Allor                                 Filler                        LaGrand                                Sabo

Beeler                                Fink                         Lightner                                 Shannon

Bellino                              Frederick                 Lilly                                       Slagh

Berman                             Garza                       Maddock                                Sneller

Beson                                Glenn                      Manoogian                             Steckloff

Bezotte                              Griffin                     Marino                                   Steenland

Bollin                                Haadsma                 Markkanen                             Thanedar

Borton                               Hall                         Martin                                    Tisdel

Brann                                Hammoud                Meerman                               VanSingel

Breen                                Hauck                      Morse                                    VanWoerkom

Calley                                Hertel                      Mueller                                  Wakeman

Cambensy                         Hoitenga                  O’Malley                               Wendzel

Camilleri                           Hood                       Outman                                  Wentworth

Carra                                 Hornberger              Paquette                                 Whiteford

Cherry                               Howell                     Pohutsky                                Whitsett

Clements                           Huizenga                 Posthumus                             Witwer

Coleman                            Johnson, S               Puri                                        Wozniak

Damoose                           Kahle                       Reilly                                     Yaroch

Eisen                                 Koleszar                                                               

 

 

                                                              Nays—27

 

 

Aiyash                              Cavanagh                 Neeley                                   Sowerby

Anthony                            Clemente                 O’Neal                                   Stone

Bolden                              Green                      Peterson                                 Tate

Brabec                               Hope                       Rabhi                                     Weiss

Brixie                                Johnson, C               Rogers                                   Yancey

Carter, B                            Jones                       Schroeder                               Young

Carter, T                            Lasinski                   Scott                                     

 

 

In The Chair: Hornberger

 

 

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. Frederick moved that the bill be given immediate effect.

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

 

 

______

 

 

Reps. Stone and Rogers, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted ‘no’ on Senate Bill 440 to preserve the integrity of the Certificate of Need (CON) process. The Positron Emission Tomography (PET) scanner at the center of this legislation is truly awe-inspiring technology and may be the future of modern medicine. However, this bill attempts to circumvent the CON process in a way that would benefit a specific for-profit company, setting a dangerous precedent.”

 

Rep. Lasinski, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted ‘no’ on Senate Bill 440 to preserve the integrity of the Certificate of Need (CON) process. The Positron Emission Tomography (PET) scanner at the center of this legislation is truly awe-inspiring technology and may be the future of modern medicine. However, this bill attempts to circumvent the CON process in a way that would benefit a specific company, setting a dangerous precedent.”

 

Rep. Weiss, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted ‘no’ on Senate Bill 440 to preserve the integrity of the Critical of Need (CON) process. The Positron Emission Tomography (PET) scanner at the center of this legislation is truly amazing technology and may be the future of modern medicine. However, this bill attempts to circumvent the CON process in a way that would benefit a specific for-profit company, setting a dangerous precedent that, if continued, could lead to rising health care costs.”

Rep. Clemente, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted ‘no’ on Senate bill 440 to preserve the integrity of the Certificate of Need (CON) process. The Positron Emission Tomograpy (PET) scanner at the center of this legislation is truly state of the art technology and may be the future of modern medicine. However, this bill attempts to circumvent the CON process in a way that would benefit a specific company, setting a dangerous precedent.”

 

 

House Bill No. 4656, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 526 (MCL 600.526), as amended by 2012 PA 22.

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

 

 

Roll Call No. 326                                   Yeas—104

 

 

Aiyash                              Coleman                  LaFave                                   Sabo

Albert                                Damoose                 LaGrand                                Schroeder

Alexander                          Eisen                       Lasinski                                 Scott

Allor                                 Ellison                     Lightner                                 Shannon

Anthony                            Filler                        Lilly                                       Slagh

Bellino                              Fink                         Maddock                                Sneller

Berman                             Frederick                 Manoogian                             Sowerby

Beson                                Garza                       Marino                                   Steckloff

Bezotte                              Glenn                      Markkanen                             Steenland

Bolden                              Green                      Martin                                    Stone

Bollin                                Griffin                     Meerman                               Tate

Borton                               Haadsma                 Morse                                    Thanedar

Brabec                               Hall                         Mueller                                  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                                 Howell                     Pohutsky                                Whiteford

Carter, B                            Huizenga                 Posthumus                             Whitsett

Carter, T                            Johnson, C               Puri                                        Witwer

Cavanagh                          Jones                       Rabhi                                     Wozniak

Cherry                               Kahle                       Rendon                                  Yancey

Clemente                           Koleszar                  Rogers                                   Yaroch

Clements                           Kuppa                     Roth                                       Young

 

 

                                                               Nays—5

 

 

Beeler                                Hornberger              Johnson, S                              Reilly

Farrington                                                                                                      

 

 

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.

Second Reading of Bills

 

 

House Bill No. 4380, entitled

A bill to create certain funds; to create a Michigan military and veteran services support fund board and prescribe its powers and duties; and to provide for the powers and duties of certain state governmental officers and entities.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Military, Veterans and Homeland Security,

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

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

The motion prevailed.

 

 

House Bill No. 4640, entitled

A bill to amend 1982 PA 250, entitled “Child abuse and neglect prevention act,” by amending section 2 (MCL 722.602), as amended by 2018 PA 60.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4240, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4708 (MCL 600.4708), as amended by 2014 PA 333.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4241, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625n (MCL 257.625n), as amended by 2010 PA 155.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4694, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9520, 9521, and 9525 (MCL 440.9520, 440.9521, and 440.9525), section 9520 as amended by 2008 PA 383, section 9521 as amended by 2012 PA 88, and section 9525 as amended by 2016 PA 229.

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.

 

 

Pending the Second Reading of

House Bill No. 4627, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 9c of chapter IV (MCL 764.9c), as amended by 2020 PA 393.

Rep. Frederick moved that the bill be referred to the Committee on Rules and Competitiveness.

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 Wednesday, June 9:

House Bill Nos.     4976   4977   4978  4979

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, June 10:

Senate Bill Nos.      530    531    532    533    534    535    536    537

 

The Clerk announced that the following Senate bills had been received on Thursday, June 10:

Senate Bill Nos.         438    486    507    508   509

 

Messages from the Senate

 

 

Senate Bill No. 438, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 9c of chapter IV (MCL 764.9c), as amended by 2020 PA 393.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Frederick moved that Rules 41 and 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Frederick moved that the bill be placed on the order of Second 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

Reports of Standing Committees

 

 

The Committee on Workforce, Trades, and Talent, by Rep. Griffin, Chair, reported

House Bill No. 4434, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 2 and 32b (MCL 421.2 and 421.32b), section 2 as amended by 2011 PA 268 and section 32b as amended by 2011 PA 269, and by adding section 32e.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Griffin, Martin, Howell, Farrington, Eisen, Markkanen, Sabo, Hope and O’Neal

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Griffin, Chair, of the Committee on Workforce, Trades, and Talent, was received and read:

Meeting held on: Thursday, June 10, 2021

Present: Reps. Griffin, Martin, Howell, Farrington, Eisen, Markkanen, Sabo, Hope and O’Neal

 

 

The Committee on Oversight, by Rep. Steven Johnson, Chair, reported

House Bill No. 4448, entitled

AN ACT to amend 1976 PA 390, entitled “An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132.

With the recommendation that the bill pass, the objections of the Governor to the contrary not withstanding.

The bill was referred to the order of Messages from the Governor.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak and LaGrand

Nays: Rep. Brixie

 

 

The Committee on Oversight, by Rep. Steven Johnson, Chair, reported

Senate Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 9 to article XI, to protect certain communications with members of the legislature.

Without amendment and with the recommendation that the joint resolution be adopted.

The joint resolution was referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak, Brixie, LaGrand and Young

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, June 10, 2021

Present: Reps. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak, Brixie, LaGrand and Young

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Howell, Chair, of the Committee on Natural Resources and Outdoor Recreation, was received and read:

Meeting held on: Thursday, June 10, 2021

Present: Reps. Howell, Markkanen, Eisen, Wakeman, Martin, Sowerby, Cambensy and Aiyash

Absent: Rep. LaFave

Excused: Rep. LaFave

 

 

Messages from the Senate

 

 

House Bill No. 4219, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621) as amended by 2020 PA 191.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4220, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1c (MCL 780.621c), as added by 2020 PA 187.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

 

 

House Bill No. 4308, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), section 625 as amended by 2020 PA 383 and sections 625a, 625g, and 625m as amended by 2017 PA 153.

The Senate has amended the bill as follows:

1. Amend page 2, line 6, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under subsection (28), the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

2. Amend page 2, line 24, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under subsection (28), the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

3. Amend page 5, line 18, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under subsection (28), the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

4. Amend page 16, following line 29, by inserting:

(28) Not later than 30 days after this state no longer receives annual federal highway construction funding conditioned on compliance with a national blood alcohol limit, the state treasurer shall certify that fact. The state treasurer shall publish a certification under this subsection on the department of treasury’s website.”.

5. Amend page 23, line 9, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28), the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

6. Amend page 23, line 18, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28), the person had an alcohol content of 0.02 grams or more but less than 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

7. Amend page 26, line 29, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

8. Amend page 27, line 6, after “urine” by inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28), an alcohol content of 0.04 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine,”.

The Senate has passed the bill as amended, 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.

 

 

House Bill No. 4309, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2017 PA 152.

The Senate has amended the bill as follows:

1. Amend page 2, line 29, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, the offender had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

2. Amend page 5, line 24, after “urine” by inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, the offender had an alcohol content of 0.10 grams or more but less than 0.15 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine”.

3. Amend page 6, line 24, after “urine” by striking out the period and inserting “or, beginning October 1, 2021, 5 years after the state treasurer publishes a certification under section 625(28) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.”.

The Senate has passed the bill as amended, 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.

 

 

Senate Bill No. 486, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43540e (MCL 324.43540e), as added by 2012 PA 520.

The Senate has passed the bill.

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

 

 

Senate Bill No. 507, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 1a, 216, 226, 255, 301, 306, 306a, 309, 312f, 312k, 314, and 801k (MCL 257.1a, 257.216, 257.226, 257.255, 257.301, 257.306, 257.306a, 257.309, 257.312f, 257.312k, 257.314, and 257.801k), sections 216, 226, 255, 301, 306, 309, 312f, 312k, 314, and 801k as amended by 2020 PA 304 and section 306a as amended by 2020 PA 376, and by adding section 205a.

The Senate has passed the bill.

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

 

 

Senate Bill No. 508, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending sections 4 and 6 (MCL 28.304 and 28.306), section 4 as amended by 2020 PA 305 and section 6 as amended by 2020 PA 374.

The Senate has passed the bill.

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

 

 

Senate Bill No. 509, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2020 PA 306.

The Senate has passed the bill.

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

 

 

Explanation of “No” Votes

 

 

Rep. Cavanagh, having reserved the right to explain her protest against the passage of House Bill No. 4688, made the following statement:

“Mr. Speaker and members of the House:

I am submitting a no-vote due to I do not believe we as legislators should limit people’s ability to use the knowledge and experience to advance their future or career.”

Rep. Yancey, having reserved the right to explain her protest against the passage of House Bill Nos. 4687 and 4688, made the following statement:

“Mr. Speaker and members of the House:

Minorities are disproportionately impacted by this bill. Due to institutional racism, the number of black lobbyists and lawmakers in Lansing does not properly reflect our percentage of the total population. Closing the door to former lawmakers becoming lobbyists furthers the disadvantages we as black lawmakers face.

 

 

Introduction of Bills

 

 

Reps. VanSingel and Meerman introduced

House Bill No. 4980, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 626a (MCL 257.626a).

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

 

 

Rep. Hauck introduced

House Bill No. 4981, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 11 (MCL 432.11), as amended by 2012 PA 293, and by adding section 11a.

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

 

 

Reps. LaFave, Bellino, Meerman, Berman and Markkanen introduced

House Bill No. 4982, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 7129 (MCL 289.7129).

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

 

 

Reps. Kahle, Bezotte, Allor, Clemente, Aiyash, Sneller and Sowerby introduced

House Bill No. 4983, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 2009 PA 57 and section 710e as amended by 2016 PA 460.

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

 

 

Reps. Clemente, Kahle, Bezotte, Allor, Aiyash, Sneller and Sowerby introduced

House Bill No. 4984, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2020 PA 382.

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

 

 

Reps. Damoose and O’Malley introduced

House Bill No. 4985, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 206b.

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

 

 

Reps. Hood, Stone, Rogers, Anthony, LaGrand, Hertel, Sabo, Pohutsky, Camilleri, Weiss, Tyrone Carter, Haadsma, Cavanagh, Aiyash, Hope, Brabec, Whitsett, Brixie and Yancey introduced

House Bill No. 4986, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

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

Reps. Hope, Lightner, Steckloff, Sneller, Breen, Thanedar, Aiyash, Bolden, Manoogian, Calley, Anthony, Ellison, Sowerby, Pohutsky, Rogers, Tyrone Carter, Puri, Brabec, Brixie, Tate, Brenda Carter, Kuppa, Hood, Kahle and Whitsett introduced

House Bill No. 4987, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2f, 18, 28, and 29 of chapter XIIA (MCL 712A.2f, 712A.18, 712A.28, and 712A.29), section 2f as added by 2016 PA 185, section 18 as amended by 2020 PA 389, section 28 as amended by 2020 PA 362, and section 29 as amended by 2003 PA 74, and by adding section 29a to chapter XIIA; and to repeal acts and parts of acts.

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

 

 

Reps. Kahle, Lightner, Steckloff, Sneller, Breen, Thanedar, Aiyash, Bolden, Manoogian, Calley, Anthony, Ellison, Sowerby, Pohutsky, Rogers, Tyrone Carter, Puri, Brabec, Brixie, Hope, Tate, Brenda Carter, Kuppa, Hood and Whitsett introduced

House Bill No. 4988, entitled

A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending section 5 (MCL 722.825), as amended by 1996 PA 137.

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

 

 

Reps. Lightner, Kahle, Steckloff, Sneller, Breen, Thanedar, Aiyash, Bolden, Manoogian, Calley, Anthony, Ellison, Sowerby, Pohutsky, Rogers, Tyrone Carter, Puri, Brabec, Brixie, Hope, Tate, Brenda Carter, Kuppa, Hood and Whitsett introduced

House Bill No. 4989, entitled

A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending section 6 (MCL 28.176), as amended by 2018 PA 310.

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

 

 

Reps. Tate, Hope, Brenda Carter, Lightner, Steckloff, Sneller, Breen, Kuppa, Thanedar, Aiyash, Bolden, Manoogian, Calley, Anthony, Ellison, Sowerby, Pohutsky, Tyrone Carter, Puri, Brabec, Kahle, Hood, Whitsett and Brixie introduced

House Bill No. 4990, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87.

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

 

 

Reps. Calley, Lightner, Steckloff, Sneller, Breen, Thanedar, Aiyash, Bolden, Manoogian, Ellison, Sowerby, Pohutsky, Rogers, Tyrone Carter, Puri, Brabec, Brixie, Kahle, Hope, Tate, Brenda Carter, Kuppa, Anthony and Hood introduced

House Bill No. 4991, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4803 (MCL 600.4803), as amended by 1996 PA 374.

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

 

 

Reps. Berman, Green, Brixie, Wozniak, Bezotte and Breen introduced

House Bill No. 4992, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21, and by adding section 3157c.

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

 

 

______

 

 

Rep. Kuppa moved that the House adjourn.

The motion prevailed, the time being 1:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, June 15, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives