STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2019
House Chamber, Lansing, Tuesday, July 2, 2019.
10:00 a.m.
The House was called to order by the Clerk.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was not
present.
Announcement by the Clerk of Printing and
Enrollment
The
Clerk announced that the following bills had been reproduced and made available
electronically on Wednesday, June 26:
House Bill Nos. 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803 4804 4805
Messages from the Governor
Time: 1:33 p.m.
To the Speaker of the House of
Representatives:
Sir—I have this day approved and
signed
Enrolled
House Bill No. 4121 (Public Act No. 35, I.E.), being
An act to amend 1893 PA 206,
entitled “An act to provide for the assessment of rights and interests,
including leasehold interests, in property and the levy and collection of taxes
on property, and for the collection of taxes levied; making those taxes a lien
on the property taxed, establishing and continuing the lien, providing for the
sale or forfeiture and conveyance of property delinquent for taxes, and for the
inspection and disposition of lands bid off to the state and not redeemed or
purchased; to provide for the establishment of a delinquent tax revolving fund
and the borrowing of money by counties and the issuance of notes; to define and
limit the jurisdiction of the courts in proceedings in connection with property
delinquent for taxes; to limit the time within which actions may be brought; to
prescribe certain limitations with respect to rates of taxation; to prescribe
certain powers and duties of certain officers, departments, agencies, and
political subdivisions of this state; to provide for certain reimbursements of
certain expenses incurred by units of local government; to provide penalties
for the violation of this act; and to repeal acts and parts of acts,” by
amending section 78q (MCL 211.78q), as amended by 2016 PA 518.
(Filed with the Secretary of
State June 26, 2019, at 3:22 p.m.)
Time:
1:41 p.m.
To the Speaker
of the House of Representatives:
Sir—I
have this day approved and signed
Enrolled House Bill No. 4367 (Public
Act No. 39, I.E.), being
An act
to allow certain employees or agents to carry and administer opioid antagonists
in certain circumstances; to provide access to opioid antagonists by certain
agencies and employees or agents; to limit the civil and criminal liability of certain
agencies and employees or agents for the possession, distribution, and use of
opioid antagonists under certain circumstances; and to repeal acts and parts of
acts.
(Filed
with the Secretary of State June 26, 2019, at 3:30 p.m.)
Time:
1:43 p.m.
To the
Speaker of the House of Representatives:
Sir—I
have this day approved and signed
Enrolled House Bill No. 4296 (Public
Act No. 40, I.E.), being
An act
to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes
relating to the organization and jurisdiction of the courts of this state; the
powers and duties of the courts, and of the judges and other officers of the
courts; the forms and attributes of civil claims and actions; the time within
which civil actions and proceedings may be brought in the courts; pleading,
evidence, practice, and procedure in civil and criminal actions and proceedings
in the courts; to provide for the powers and duties of certain state governmental
officers and entities; to provide remedies and penalties for the violation of
certain provisions of this act; to repeal all acts and parts of acts
inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by
amending section 1993 (MCL 600.1993), as added by 2015 PA 233.
(Filed
with the Secretary of State June 26, 2019, at 3:32 p.m.)
Communications from State Officers
The following communications from
the State Budget Office were received and read:
June
26, 2019
Transmitted under this cover is a
schedule entitled “Statement of Revenue Subject to Constitutional Limitation -
Legal Basis.” The statement is submitted pursuant to Sections 18.1350(a)
through 18.1350(e) of the Michigan Compiled Laws for the purpose of
demonstrating compliance with Article 9, Sections 26 and 33 of the Michigan
Constitution for the fiscal year 2018.
The computed amount of revenue subject
to the constitutional limitation is $33.0 billion, which is $8.7 billion under
the limit.
The statement has been reviewed by the
Office of the Auditor General and a copy of the independent accountant’s review
is enclosed.
If you have questions regarding this
report, please contact Mr. Michael J. Moody, Director, Office of Financial Management,
at 373-1010.
June
26, 2019
This letter transmits the “Statement of
the Proportion of Total State Spending From State Sources Paid to Units of
Local Government - Legal Basis” for fiscal year 2018, which has been prepared
in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350,
18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of
demonstrating compliance with Article 9, Section 30 of the Michigan
Constitution.
The computed percentage of total state
spending from state sources paid to local governments for fiscal year 2018 is
55.25%, which is $2.1 billion more than the minimum required.
The statement has been reviewed by the
Office of the Auditor General and a copy of their independent accountant’s
review letter is enclosed.
If you have questions regarding this
report, please contact Mr. Michael J. Moody, Director, Office of Financial
Management, at 373-1010.
Sincerely,
Chris
Kolb
State
Budget Director
The communications were referred
to the Clerk.
The following communication from
the Department of State Police was received and read:
June
30, 2019
I am pleased
to present to the Michigan Legislature the 26th annual Asset Forfeiture Report.
Michigan’s asset forfeiture laws provide for the seizure of cash and
property assets of drug traffickers and other criminal organizations when that
property is obtained through illegal activity. The report this year is the
third and final report to be submitted specifically under the Uniform
Forfeiture Reporting Act, PA 148 of 2015, which became effective February 1,
2016.
PA 148 repealed the prior asset
forfeiture reporting requirements and requires submission of a summary to the
Michigan Department of State Police of the reporting agency’s activities
regarding forfeiture of property under the following sections of law: Public
Health Code, MCL 333.7521-MCL 333.7533 (Controlled Substances); the Identity Theft Protection Act, MCL 445.79d; Revised
Judicature Act of 1961, MCL 600.4701-600.4709 (Omnibus); and Revised Judicature
Act of 1961, MCL 600.3801-600.3840 (Public Nuisance). Additionally, the
type of information to be reported for each seizure and forfeiture of property
was expanded to provide for greater transparency regarding the government
seizure of private property.
Effective August 7, 2019, the
legislation signed this year will require a criminal conviction before some
property seized under the Public Health Code can be forfeited to law
enforcement. The 2020 Asset Forfeiture Report will include forfeitures under PA
148 of 2015 as well as PA 7 and PA 9 of 2019, and beginning with the 2021
report, will cover data from forfeitures under PA 7 and PA 9 of 2019.
This report covers the period of
January 1, 2018, through December 31, 2018. This is the second report in which
all reporting agencies submitted forfeiture data based upon the calendar year.
Over $15 million in cash and assets amassed by drug traffickers was forfeited.
Asset forfeiture funds were used to support law enforcement by providing
resources for equipment, personnel, vehicles, training, and supplies. Assets
seized pursuant to this program also allowed some agencies to contribute monies
to non-profit organizations that assist in obtaining information from citizens
for solving crimes.
I submit this report for your
information and review.
Sincerely,
Col.
Joseph M. Gasper
DIRECTOR
The communication was referred to
the Clerk.
Introduction of Bills
Reps. Schroeder, Bellino, O’Malley, Markkanen,
Hornberger, Frederick, Mueller and Kuppa introduced
House Bill No. 4806, entitled
A bill to amend 1939 PA 3, entitled “An act to
provide for the regulation and control of public and certain private utilities
and other services affected with a public interest within this state; to
provide for alternative energy suppliers; to provide for licensing; to include
municipally owned utilities and other providers of energy under certain
provisions of this act; to create a public service commission and to prescribe
and define its powers and duties; to abolish the Michigan public utilities
commission and to confer the powers and duties vested by law on the public
service commission; to provide for the powers and duties of certain state
governmental officers and entities; to provide for the continuance, transfer,
and completion of certain matters and proceedings; to abolish automatic
adjustment clauses; to prohibit certain rate increases without notice and
hearing; to qualify residential energy conservation programs permitted under
state law for certain federal exemption; to create a fund; to encourage the
utilization of resource recovery facilities; to prohibit certain acts and
practices of providers of energy; to allow for the securitization of stranded
costs; to reduce rates; to provide for appeals; to provide appropriations; to
declare the effect and purpose of this act; to prescribe remedies and
penalties; and to repeal acts and parts of acts,” by amending the title and
sections 10g, 10h, and 10q (MCL 460.10g, 460.10h, and 460.10q), the title as
amended by 2016 PA 341, section 10g as amended by 2008 PA 286, section 10h as
added by 2000 PA 142, and section 10q as added by 2000 PA 141.
The bill was read a first time by its title
and referred to the Committee on Transportation.
Reps. Kuppa and Schroeder introduced
House Bill No. 4807, entitled
A bill to amend 1964 PA 283, entitled “Weights and
measures act,” (MCL 290.601 to 290.635) by adding section 28g.
The bill was read a first time by its title and referred to the Committee
on Transportation.
House Bill No. 4808, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 11123 and
11124 (MCL 324.11123 and 324.11124), section 11123 as amended by 2014 PA 254
and section 11124 as amended by 2010 PA 357.
The bill was read a first
time by its title and referred to the Committee on Natural Resources and
Outdoor Recreation.
Reps. Robinson, Tyrone
Carter, Gay-Dagnogo, Garrett, Yancey, Cynthia Johnson, Bolden, Pagan, Coleman, Neeley, Brixie, Garza, Sowerby, Hammoud, Kuppa and Whitsett introduced
House Bill No. 4809, entitled
A bill to amend 1994 PA
451, entitled “Natural resources and environmental protection act,” (MCL
324.101 to 324.90106) by adding section 11119.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
Announcements
by the Clerk
June
24, 2019
Received from the Judicial Tenure
Commission the 2018 Annual Report.
Gary
L. Randall
Clerk
of the House
June
28, 2019
Received from the Auditor General a
copy of the:
· Report
on internal control, compliance, and other matters on the financial audit of
the State of Michigan Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2018
(071-0010-19).
Gary
L. Randall
Clerk
of the House
______
The
Clerk declared the House adjourned until Wednesday, July 10, at 12:00 Noon.
GARY L.
RANDALL
Clerk
of the House of Representatives