STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2019
House Chamber, Lansing, Thursday, December 19, 2019.
11:30 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, December 11:
House
Bill Nos. 5295 5296 5297 5298 5299 5300 5301
The
Clerk announced the enrollment printing and presentation to the Governor on
Friday, December 13, for her approval of the following bills:
Enrolled House Bill No. 5176 at 2:39
p.m.
Enrolled House Bill No. 5177 at 2:41
p.m.
Enrolled House Bill No. 4102 at 2:43
p.m.
Enrolled House Bill No. 4103 at 2:45
p.m.
Enrolled House Bill No. 4104 at 2:47
p.m.
Enrolled House Bill No. 4105 at 2:49
p.m.
Enrolled House Bill No. 4106 at 2:51
p.m.
Enrolled House Bill No. 4107 at 2:53
p.m.
Enrolled House Bill No. 4336 at 2:55
p.m.
Enrolled House Bill No. 4574 at 2:57
p.m.
Enrolled House Bill No. 4308 at 2:59
p.m.
Enrolled House Bill No. 4310 at 3:01 p.m.
Enrolled House Bill No. 4311 at 3:03
p.m.
Enrolled House Bill No. 4323 at 3:05
p.m.
Enrolled House Bill No. 4312 at 3:07
p.m.
Enrolled House Bill No. 4173 at 3:09
p.m.
Enrolled House Bill No. 4916 at 3:11
p.m.
Enrolled House Bill No. 4917 at 3:13 p.m.
Enrolled House Bill No. 4918 at 3:15
p.m.
Enrolled House Bill No. 4349 at 3:17
p.m.
Enrolled House Bill No. 4570 at 3:19
p.m.
Enrolled House Bill No. 4611 at 3:21
p.m.
Enrolled House Bill No. 4572 at 3:23
p.m.
Enrolled House Bill No. 4307 at 3:25
p.m.
Enrolled House Bill No. 4032 at 3:27
p.m.
Enrolled House Bill No. 4031 at 3:29
p.m.
Enrolled House Bill No. 4091 at 3:31
p.m.
Messages from the Governor
Time: 10:30 a.m.
To the Speaker of the House of
Representatives:
Sir—I have this day approved and
signed
Enrolled
House Bill No. 4306 (Public Act No. 142, 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 3212 (MCL 600.3212), as amended by 2011 PA
301.
(Filed with the Secretary of
State December 12, 2019, at 2:58 p.m.)
Time:
10:32 a.m.
To the
Speaker of the House of Representatives:
Sir—I
have this day approved and signed
Enrolled House Bill No. 4540 (Public
Act No. 143, I.E.), being
An act
to amend 1933 PA 167, entitled “An act to provide for the raising of additional
public revenue by prescribing certain specific taxes, fees, and charges to be
paid to the state for the privilege of engaging in certain business activities;
to provide, incident to the enforcement thereof, for the issuance of licenses
to engage in such occupations; to provide for the ascertainment, assessment and
collection thereof; to appropriate the proceeds thereof; and to prescribe
penalties for violations of the provisions of this act,” (MCL 205.51 to 205.78)
by adding section 2d.
(Filed
with the Secretary of State December 12, 2019, at 3:00 p.m.)
Date:
December 12, 2019
Time:
10:34 a.m.
To the
Speaker of the House of Representatives:
Sir—I
have this day approved and signed
Enrolled House Bill No. 4541 (Public
Act No. 144, I.E.), being
An act
to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and
collection of a specific excise tax on the storage, use, or consumption in this
state of tangible personal property and certain services; to appropriate the
proceeds of that tax; to prescribe penalties; and to make appropriations,” (MCL
205.91 to 205.111) by adding section 5c.
(Filed
with the Secretary of State December 12, 2019, at 3:02 p.m.)
Time:
10:36 a.m.
To the
Speaker of the House of Representatives:
Sir—I
have this day approved and signed
Enrolled House Bill No. 4542 (Public
Act No. 145, I.E.), being
An act
to amend 1933 PA 167, entitled “An act to provide for the raising of additional
public revenue by prescribing certain specific taxes, fees, and charges to be
paid to the state for the privilege of engaging in certain business activities;
to provide, incident to the enforcement thereof, for the issuance of licenses
to engage in such occupations; to provide for the ascertainment, assessment and
collection thereof; to appropriate the proceeds thereof; and to prescribe
penalties for violations of the provisions of this act,” (MCL 205.51 to 205.78)
by adding section 2c.
(Filed
with the Secretary of State December 12, 2019, at 3:04 p.m.)
Time:
10:38 a.m.
To the
Speaker of the House of Representatives:
Sir—I
have this day approved and signed
Enrolled House Bill No. 4543 (Public
Act No. 146, I.E.), being
An act
to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and
collection of a specific excise tax on the storage, use, or consumption in this
state of tangible personal property and certain services; to appropriate the
proceeds of that tax; to prescribe penalties; and to make appropriations,” (MCL
205.91 to 205.111) by adding section 5b.
(Filed
with the Secretary of State December 12, 2019, at 3:06 p.m.)
The
following message from the Governor was received December 18, 2019 and read:
EXECUTIVE
ORDER
No.
2019-19
Department
of Labor and Economic Opportunity
Michigan
Poverty Task Force
Right now, hundreds of thousands
of Michiganders live in poverty. There is no single face to this problem; its
causes are many and varied, and so are its consequences. No matter how poverty
is viewed or measured, however, one thing is clear: too many Michiganders lack
the opportunity they deserve to get ahead, or even get by.
For instance, according to the
United Way’s ALICE Report, 43 percent of Michigan households struggle to afford
necessities like housing, childcare, food, technology, health care and
transportation. Single adults now need an annual salary of just over $21,000,
while a family of four needs an annual salary of over $61,000 just to afford
the basics. This means that there are countless families across the state who
face tough decisions every day about how they are going to pay for the things
they need. They must choose between paying rent or putting food on the table;
between paying for utilities or refilling their prescription drugs.
And poverty is not only a financial
issue. Michiganders living in communities of poverty are more likely to face
other liabilities as well, including educational disadvantage, environmental
pollutants, substandard housing, and limited public services.
If we are going to lift Michigan
families out of poverty and ensure a path to opportunity for everyone, we must
work to ensure everyone has access to the support they need. And we must act
now, because too many Michigan seniors, children, and families are struggling
to escape the grasp of generational poverty. In fact, a 2018 study shows that 1
in 5 Michigan children live in poverty.
While there are already many
efforts underway throughout state government to assist individuals living in
poverty, we must find ways to strengthen, broaden, coordinate, and streamline
those efforts. The health and well-being of this state and its residents,
communities, and businesses would benefit from a task force devoted to ensuring
that state government is bringing the full force of its efforts and resources
to the fight against poverty and is doing all it can to build a better Michigan
for everyone.
Section 51 of article 4 of the
Michigan Constitution of 1963 declares the public health and general welfare of
the people of the State of Michigan as matters of primary public concern.
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. Creation of the Michigan
Poverty Task Force
(a) The Michigan Poverty Task Force (“Task Force”)
is created as an inter-agency advisory body within the Department of Labor and
Economic Opportunity (“Department”).
(b) The Task Force shall consist of the following
members:
(1) The director of the Department, or the director’s designee from
within the Department.
(2) The director of the Department of Agriculture and Rural Development,
or the director’s designee from within that department.
(3) The director of the Department of Civil Rights, or the director’s
designee from within that department.
(4) The director of the Department of Corrections, or the director’s
designee from within that department.
(5) The superintendent of public instruction, or the superintendent’s
designee from within the Department of Education.
(6) The director of the Department of Environment, Great Lakes, and
Energy, or the director’s designee from within that department.
(7) The director of the Department of Health and Human Services, or the
director’s designee from within the Department.
(8) The director of the Department of Insurance and Financial Services,
or the director’s designee from within that department.
(9) The director of the Department of Licensing and Regulatory Affairs,
or the director’s designee from within that department.
(10) The director of the Department of Military and Veterans Affairs, or
the director’s designee from within that department.
(11) The director of the Department of Natural Resources, or the director’s
designee from within that department.
(12) The director of the Michigan State Police, or the director’s
designee from within that department.
(13) The director of Department of Technology, Management, and Budget, or
the director’s designee from within that department.
(14) The director of the Department of Transportation, or the director’s
designee from within that department.
(15) The director of the Department of Treasury, or the director’s
designee from within that department.
(16) The executive director of the Michigan Indigent Defense Commission,
or the executive director’s designee from within that agency.
(17) The chairperson of the Michigan Public Service Commission, or the
chairperson’s designee from within that agency.
(18) The executive director of the Michigan State Housing Development
Authority, or the executive director’s designee from within that agency.
(19) Any representatives from other departments, agencies, or
instrumentalities of the executive branch of state government whom the governor
may choose to appoint.
(c) Members of the Task Force are ex officio
members and serve at the pleasure of the governor.
(d) The director of the Department, or the director’s
designee from within the Department, shall serve as the chairperson of the Task
Force.
(e) Within 45 days of the filing of this executive
order, the chairperson of the Task Force shall establish an advisory council to
the Task Force under section 3(g), whose membership shall include:
(1) Three Michigan state legislators, including two legislators
representing urban areas impacted by poverty and one legislator representing a
rural area impacted by poverty.
(2) Three Michigan residents impacted by poverty or working with
communities impacted by poverty.
2. Charge to the Task Force
(a) The Task Force shall provide recommendations to
the governor, the director of the Department, and the heads of other
departments or agencies, and coordinate activities among departments and
agencies.
(b) The Task Force shall research, identify,
recommend, and implement strategies for reducing poverty in Michigan, which may
include the following:
(1) Identify and evaluate poverty’s root causes and contributing factors
in Michigan, the needs of those in poverty in Michigan, and the effectiveness
of efforts on all levels that have been undertaken
or are currently being undertaken to address poverty in Michigan. Develop
strategies for supporting or otherwise improving the efficacy of those
efforts, including programmatic effectiveness and administrative efficiencies.
(2) Identify and evaluate the nature and scope of poverty’s impact on
various locations and communities throughout the state and what response
actions would be most effective in helping each of those impacted areas.
Develop strategies for implementing those response actions.
(3) Identify and evaluate what financial and other resources are
available on all levels to combat poverty in Michigan. Develop strategies for
securing, coordinating, augmenting, and deploying those resources.
(4) Identify and evaluate key
barriers to upward mobility among populations in poverty in Michigan. Develop strategies for overcoming these barriers,
focusing on improved economic development and opportunities for upward
mobility among families and individuals experiencing poverty in Michigan.
(5) Develop strategies for increasing public awareness of poverty in
Michigan, its causes and effects, the resources available to those impacted by
it, and the actions that can be taken to combat it.
(6) Develop routine communication and information-sharing protocols between
members of the Task Force and stakeholders on all levels.
(7) Identify key stakeholders in impacted areas, and perform outreach to
ensure stakeholders are informed, educated, and empowered. Stakeholder outreach
will include, but is not limited to, community leaders, partner organizations,
tribal governments, local government officials, and other elected officials
representing the impacted areas.
(8) Perform outreach to the general public regarding poverty in Michigan
and the work of the Task Force.
(9) Create measurable goals and objectives along an established
timeline.
(10) Recommend changes in Michigan law, and policy-related changes that
can be implemented by governmental and non-governmental agencies, relevant to
fighting poverty in Michigan.
(11) Provide other information and advice and perform other duties as
requested by the director of the Department or the governor.
(c) The Task Force shall report regularly to the
governor on its activities.
3. Operations of the Task Force
(a) The Department shall assist the Task Force in
the performance of its duties and provide personnel to staff the Task Force.
The budgeting, procurement, and related management functions of the Task Force
shall be performed under the direction and supervision of the director of the
Department.
(b) The Task Force shall adopt procedures
consistent with Michigan law and this order governing its organization and
operations.
(c) The Task Force shall comply with the Freedom of
Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The Task Force may select from among its
members a vice chairperson.
(e) The Task Force may select from among its
members a secretary. Task Force staff shall assist the secretary with
recordkeeping responsibilities.
(f) The Task Force shall meet at the call of its
chairperson and as otherwise provided in the procedures adopted by the Task
Force.
(g) The Task
Force may establish advisory workgroups composed of individuals or entities
participating in Task Force activities or other members of the public as
deemed necessary by the Task Force to assist it in performing its duties and
responsibilities. The Task Force may adopt, reject, or modify any recommendations
proposed by an advisory workgroup.
(h) The Task Force may, as appropriate, make
inquiries, studies, and investigations, hold hearings, and receive comments
from the public. The Task Force also may consult with outside experts in order
to perform its duties, including experts in the private sector, organized
labor, government agencies, and at institutions of higher education.
(i) The Task Force 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 Task
Force and the performance of its duties as the director of the Department deems
advisable and necessary, consistent with this order and applicable law, rules
and procedures, and subject to available funding.
(j) The Task Force may accept donations of labor,
services, or other things of value from any public or private agency or person.
Any donations shall be received and used in accordance with law.
(k) Members of the Task Force shall serve without
compensation, but may receive reimbursement for necessary travel and expenses
consistent with applicable law, rules, and procedures, and subject to available
funding.
(l) Members of the Task Force shall coordinate all
legislative and media contacts that directly involve the work of the Task
Force.
4. Implementation
(a) All departments, committees, commissioners, or
officers of this state shall give to the Task Force, or to any member or
representative of the Task Force, any necessary assistance required by the Task
Force, or any member or representative of the Task Force, in the performance of
the duties of the Task Force 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 Task Force, consistent with
applicable law.
(b) Nothing in this order shall 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.
(c) If any portion of this order is found to be
unenforceable, the unenforceable provision should be disregarded and the rest
of the order should remain in effect as issued.
(d) This order is effective upon filing.
Given under my hand and the Great
Seal of the State of Michigan.
Date: December 18, 2019
GRETCHEN
WHITMER
GOVERNOR
By
the Governor
Jocelyn
Benson
SECRETARY
OF STATE
The message was referred to the Clerk.
Introduction of Bills
Reps. Chirkun, Crawford, Allor,
Garza, Warren, Huizenga, Cambensy, Jones and Yaroch introduced
House Bill No. 5302, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16265, 17708, and 18001 (MCL 333.16265,
333.17708, and 333.18001), section 17708 as amended by 2016 PA 499 and section
18001 as amended by 2018 PA 355, and by adding section 16348a and part 186.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Crawford, Allor, Garza, Warren,
Huizenga, Cambensy, Chirkun and Jones introduced
House Bill No. 5303, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding sections 18615, 18617,
18621, 18623, 18631, and 18633 to part 186.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Filler and Elder introduced
House Bill No. 5304, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 6404, 6410, and 6413 (MCL
600.6404, 600.6410, and 600.6413), as amended by 2013 PA 164.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Warren and Alexander introduced
House Bill No. 5305, entitled
A bill to amend 2006 PA 110, entitled “Michigan
zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by
2018 PA 366.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5306, entitled
A bill to amend 1976 IL 1, entitled “A
petition to initiate legislation to provide for the use of returnable
containers for soft drinks, soda water, carbonated natural or mineral water,
other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of
whatever alcoholic content, and for certain other beverage containers; to
provide for the use of unredeemed bottle deposits; to prescribe the powers and
duties of certain state agencies and officials; and to prescribe penalties and provide
remedies,” by amending sections 1, 2, 2a, 3c, 3e, and 3f (MCL 445.571, 445.572,
445.572a, 445.573c, 445.573e, and 445.573f), section 1 as amended by 1989 PA
93, section 2 as amended by 1998 PA 473, section 2a as added by 2008 PA 389,
section 3c as amended and sections 3e and 3f as added by 1996 PA 384, and by
adding section 3g.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
House Bill No. 5307, 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; and to repeal
acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 10q.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. O’Malley and Wakeman introduced
House Bill No. 5308, entitled
A bill to make, supplement, and adjust
appropriations for the department of labor and economic opportunity and for
various state departments and agencies for the fiscal year ending September 30,
2020; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
House Bill No. 5309, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 9112 and
9115a (MCL 324.9112 and 324.9115a), section 9112 as amended by 2004 PA 565 and
section 9115a as amended by 2016 PA 2.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
House Bill No. 5310, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 7g (MCL 211.7g).
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
House Joint Resolution P, entitled
A joint resolution proposing an amendment to
the state constitution of 1963, by amending section 9 of article II, to
eliminate the power of the people to propose laws to the legislature.
The joint resolution was read a first time by
its title and referred to the Committee on Government Operations.
December
10, 2019
Received from the Auditor General
a copy of the:
·
Performance audit report on Michigan’s
Public Safety Communications System, Department of Technology, Management, and
Budget (071-0147-18), December 2019.
Gary
L. Randall
Clerk
of the House
By unanimous consent the House returned to the order of
Messages from the Senate
The
Honorable Lee Chatfield
Speaker
of the House of Representatives
State
Capitol Building
Lansing,
Michigan 48913
Dear
Mr. Speaker:
I have
the honor to inform you that the Senate has completed the business of the
session and is now ready to adjourn.
Very
respectfully,
Margaret
O’Brien
Secretary
of the Senate
______
The hour of 12:00 Noon having arrived,
Pursuant
to the resolution fixing the date of final adjournment and the provision of the
Constitution determining the hour of such adjournment, the Clerk declared the
House adjourned without day.
GARY L. RANDALL
Clerk of the House of
Representatives