STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF
2020
House Chamber, Lansing, Wednesday, May 13, 2020.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis—present Filler—present Jones—present Rabhi—present
Albert—present Frederick—present Kahle—present Reilly—present
Alexander—present Garrett—present Kennedy—present Rendon—present
Allor—present Garza—present Koleszar—present Sabo—present
Anthony—present Gay-Dagnogo—present Kuppa—present Schroeder—present
Bellino—present Glenn—present LaFave—present Shannon—present
Berman—present Green—present LaGrand—present Sheppard—present
Bolden—present Greig—present Lasinski—present Slagh—present
Bollin—present Griffin—present Leutheuser—present Sneller—present
Brann—present Guerra—present Liberati—present Sowerby—present
Brixie—present Haadsma—present Lightner—present Stone—present
Byrd—present Hall—present Lilly—present Tate—present
Calley—present Hammoud—present Love—present VanSingel—present
Cambensy—present Hauck—present Lower—present VanWoerkom—present
Camilleri—present Hernandez—present Maddock—present Vaupel—present
Carter, B.—present Hertel—present Manoogian—present Wakeman—present
Carter, T.—present Hoadley—present Marino—present Warren—present
Chatfield—present Hoitenga—present Markkanen—present Webber—present
Cherry—present Hood—present Meerman—present Wendzel—present
Chirkun—present Hope—excused Miller—present Wentworth—present
Clemente—present Hornberger—present Mueller—present Whiteford—present
Cole—present Howell—present Neeley, C.—present Whitsett—present
Coleman—present Huizenga—present O’Malley—present Wittenberg—excused
Crawford—present Iden—present Pagan—excused Witwer—present
Eisen—present Inman—present Paquette—present Wozniak—present
Elder—present Johnson,
C.—present Peterson—present Yancey—excused
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Rep. Graham Filler, from the 93rd
District, offered the following invocation:
“Lord, as we stand in the Capitol, I
lack eloquent language of phrases that sum up the gravity of what the individuals
of our state are going through today. So I ask You Lord, to do a simple thing
in this Legislature. That simple thing is: please open the ears and eyes of
these legislators and help us listen with all our might, to the words of the
people who are struggling, so that we might serve them better everyday. I pray this in Jesus’ name, Amen.”
______
Rep.
Rabhi moved that Reps. Hope, Pagan, Wittenberg and Yancey be excused from today’s
session.
The
motion prevailed.
Motions and Resolutions
Reps. Kuppa, Elder, Tyrone Carter, Haadsma, Peterson, Cambensy, Hammoud, Kennedy, Cynthia Johnson, Garza, Shannon, Stone,
Pohutsky, Sowerby, Koleszar, Bolden, Hoadley, Hood,
Ellison, Brixie, Hertel, Sabo, Sneller, Warren, Lasinski, Rabhi, Tate, Cynthia Neeley, Greig, Cherry, Chirkun, Love, Clemente, Liberati
and Witwer offered the following resolution:
House Resolution No. 252.
A resolution to declare March 22,
2020, as Michigan Water Day and World Water Day in the state of Michigan.
Whereas, Since 1993, the United
Nations has designated March 22nd as World Water Day. In 2010, the United
Nations acknowledged “the importance of equitable access to safe and clean
drinking water and sanitation as an integral component of the realization of
all human rights”; and
Whereas, The theme of World Water
Day in 2020 is the link between water and climate change and we recognize the
importance of the sustainable managements of our natural resources; and
Whereas, Clean water is integral
to the global economy and international security, and nearly 1.5 billion
laborers around the world work in water-related sectors. Reliable water
infrastructure is integral to the health, safety, and well-being of people; and
Whereas, Water services should
meet the needs of all Michiganders, including those who are the most
vulnerable, so that their voices are heard in the decision making process; and
Whereas, Michigan has the largest
freshwater coastline in the United States and has more than 11,000 inland
lakes. A Michigander is never more than six miles away from a fresh body of
water; and
Whereas, The Great Lakes make up
more than twenty percent of the world’s freshwater supply and are a source of
drinking water for about forty million people. Approximately 525,886 jobs in
Michigan are directly connected to the Great Lakes; now, therefore, be it
Resolved by the House of
Representatives, That the members of this legislative body declare March 22,
2020, as Michigan Water Day and World Water Day in the state of Michigan. It is
with great honor and appreciation that we take this time to join other states
and nations in expressing our commitment to ensuring that clean affordable
drinking water is available to all Michiganders; and commit ourselves to
promotion of public awareness to prevent our precious water from pollution and
depletion. On this day, we will celebrate and honor the pure water in our
state, our country, and our world; and be it further
Resolved, While we recognize the
interconnectedness of humanity and appreciate global challenges, we also
recognize our duty as Michiganders in protecting our natural resources and
instilling a sense of pride in ourselves and our children for our Great Lakes;
and be it further
Resolved, We cherish and
acknowledge the special responsibility of protecting Michigan’s waters for
current and future generations.
The question being on the adoption of the
resolution,
The resolution was
adopted.
Reps. Manoogian, Frederick, Brixie, Clemente,
Crawford, Garza, Greig, Haadsma, Hood, Kuppa, Liberati, Love, Sabo,
Schroeder, Shannon, Sneller, Stone and Witwer offered the following resolution:
House Resolution No. 253.
A resolution to declare April 24,
2020, as a Day of Remembrance in the state of Michigan for the Armenian
Genocide of 1915-1923.
Whereas, The state of Michigan
recognizes that the Armenian Genocide occurred from 1915 to 1923. Armenians, as
well as Greeks, Assyrian-Chaldeans, Syriacs, Arameans, Maronites, and other
Christians were subject to torture, starvation, mass murder, lethal human
medical experimentation, and exile from their historic homeland. Over 1.5
million lost their lives. The Armenian Genocide represented a deliberate
attempt by the Ottoman Empire to eliminate all traces of an ancient, thriving,
and noble civilization that had lived in these regions for millennia; and
Whereas, The majority of the
Armenian population was displaced from their homes and forced to escape to
neighboring and faraway communities and countries. Many refugees fled to the
United States. Today, Michigan is honored to
be home to a vibrant Armenian-American population of more than 17,000 Michiganders.
This thriving community is a proud reminder of survival and perseverance in the
face of extreme injustice; and
Whereas, the state of Michigan
and its citizens played a vital role in relief efforts to assist those
persecuted by the Ottoman Empire. As staunch supporters of the Near East Relief
campaign, Michiganders from all walks of life donated 100 tons of relief supplies
to Armenian refugees, collected on “Bundle Day” in 1923. Michigan women also
established collection drives for foodstuffs packages through the “Say It with
Flour” campaign; and
Whereas, Michigan Armenian
churches and community organizations have organized numerous charity and
community drives across the state, including, but not limited to, providing
college scholarships for deserving students and serving Armenian refugee
communities across the state; and
Whereas, Both houses of the 116th
Congress of the United States recently voted to commemorate and recognize the
atrocities of the Armenian Genocide, reject efforts to associate the United
States government with efforts to deny the existence of the Armenian Genocide
or any genocide, and encourage education and public understanding about the
Armenian Genocide; and
Whereas, By recognizing and
consistently remembering the Armenian Genocide, the Holocaust and all cases of
past and ongoing genocide, we help protect historic memory, ensure that similar
atrocities do not occur again, and remain vigilant against hatred, persecution
and tyranny. The Armenian community of Michigan has used its deep understanding
of historic pain and dispersal to constantly and consistently stand alongside
other persecuted communities in Michigan and around the world; and Whereas,
Armenian communities around the world commemorate this tragedy on April 24,
2020. On this day, we honor the victims and survivors of the Genocide and
reaffirm our commitment to preventing future atrocities from being committed
against any people; now, therefore, be it
Resolved by the House of
Representatives, That the members of this legislative body declare April 24,
2020, as a Day of Remembrance in the state of Michigan for the Armenian
Genocide of 1915-1923.
The
question being on the adoption of the resolution,
The resolution was adopted.
Reps. Anthony, Brixie, Calley,
Garza, Green, Greig, Haadsma, Hood, Kuppa, Liberati, Love, Sabo,
Schroeder, Shannon, Sneller, Stone and Warren offered the following resolution:
House Resolution No. 254.
A resolution to declare May 6-12,
2020, as Nurses Week in the state of Michigan.
Whereas, May 6-12, 2020, is
recognized as National Nurses Week, beginning with National Nurses Day on May 6
and ending with the birthday of Florence Nightingale, the founder of modern
nursing, on May 12; and
Whereas, Nurses are the largest
sector of the healthcare workforce and provide the most direct and continuous
skilled care to people of every age; and
Whereas, Nurses are educated professionals
who perform the challenging and complex job of caring for the sick and injured
every day in a myriad of settings, often under very difficult conditions; and
Whereas, Nurses are globally
recognized for their commitment to advocating for their patients and refusing
to compromise their high standards for safe, high-quality patient care; and
Whereas, Nurses make valuable
contributions to advancing health and safety by promoting prevention and
healthy behaviors among Michigan residents; and
Whereas, Nurses advocate for
their patients at the bedside and beyond, working to create a world in which
all people have access to care and can live safe, healthy, and prosperous
lives; and
Whereas, Nurses in Michigan fight
for the health, safety, and human rights not only of the sick and injured, but
also of the elderly, the young, those with disabilities, the economically
disadvantaged, and the most vulnerable among us; and
Whereas, Under this unprecedented
time nurses are working day and night caring for those who have contracted the
novel coronavirus, at the risk of their own lives and the lives of their
family; and
Whereas, Under the leadership of
the Michigan Nurses Association, the largest group representing Michigan
registered nurses, nurses across Michigan are working to enhance the nursing
profession; now, therefore, be it
Resolved by the House of
Representatives, That the members of this legislative body declare May 6-12,
2020, as Nurses Week in the state of Michigan. We convey our upmost respect and
gratitude for the work of nurses every day throughout our state and urge all
residents to do so year-round; and be it further
Resolved, That supporting nurses’
ability to provide safe, quality care and developing and maintaining a thriving
nurse workforce is of concern to all Michigan residents. We honor the work and
dedication of nurses around the world and here in Michigan.
The
question being on the adoption of the resolution,
The resolution was adopted.
Reps. Hope, Brixie, Clemente, Garza, Green,
Greig, Haadsma, Hood, Kuppa,
Love, Sabo, Schroeder, Sneller, Stone and Warren offered the following
resolution:
House Resolution No. 255.
A resolution to encourage
Congress to address the unique needs of domestic violence victims and survivors
in the next phase of federal stimulus funding in response to COVID-19.
Whereas, The spread of the novel
coronavirus (COVID-19) has resulted in a global pandemic spreading across 146
countries and other locations. In order to combat the rapid spread of the
virus, drastic measures have been taken, including the closure of all
non-essential businesses and ordering residents to stay at home; and
Whereas, While these measures are
necessary to protect the health and safety of vulnerable populations, the
heightened confinement has led to potentially dangerous situations for
survivors of domestic violence. According to various experts, financial
stressors and uncertainty due to the pandemic exacerbate underlying tensions.
As a result, perpetrators are exploiting the situation by using the increased
vulnerability created by required physical distancing and resultant social
isolation as a new or heightened tactic of abuse; and
Whereas, There has been a
documented increase in contacts made to domestic violence programs across the
country. In Michigan, contacts to the Michigan Coalition to End Domestic and
Sexual Violence have grown in March and the first half of April in 2020,
compared to the same period in 2019. The state Domestic and Sexual Violence
Prevention and Treatment Board has also seen a surge in help requests; and
Whereas, Survivors of domestic
violence need additional resources and support to cope with the far-reaching
consequences of this pandemic. In a letter to Congress, the National Coalition
Against Domestic Violence (NCADV) urged Congress to
ensure that their next stimulus bill “comprehensively meets the needs of
victims and survivors that are both created and compounded by the COVID-19
crisis”; now, therefore, be it
Resolved by the House of
Representatives, That we encourage Congress to address the unique needs of
domestic violence victims and survivors in the next phase of federal stimulus
funding in response to COVID‑19 and honor the requests for appropriations
by Michigan and national domestic violence programs for US Departments of
Justice, Health and Human Services, and Housing and Urban Development; and be
it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
The resolution was referred to the Committee on Judiciary.
Reps. Warren, Ellison, Brixie, Garza, Greig, Haadsma, Hood, Kuppa, Liberati, Sabo, Schroeder, Shannon, Sneller, Stone and Witwer
offered the following resolution:
House Resolution No. 256.
A resolution to urge the Congress
of the United States to allow grocery store managers to authorize a
substitution for a WIC-approved food if the store runs out of the food during a
public health emergency.
Whereas, The federal Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides
supplemental foods and nutrition education for low-income women who are
pregnant or post-partum, infants, and children up to age five who are at
nutritional risk. More than 200,000 mothers, infants, and children in Michigan
rely on the WIC program every month as a key source of nutritious food; and
Whereas, The public health
emergency caused by the COVID-19 pandemic has resulted in panic-buying in
grocery stores and other food establishments approved as WIC vendors, leaving
some stores with few WIC-approved foods available for WIC participants; and
Whereas, A lack of WIC-approved
foods could increase the risk for participants of developing certain medical
conditions related to nutrition, such as anemia, underweight, and poor
pregnancy outcomes for families who are already particularly vulnerable to the
economic impacts and uncertainties of the COVID‑19 pandemic; and
Whereas, Federal regulations
prohibit WIC vendors from substituting WIC-approved foods with other foods and
also prohibit similar foods from being provided as part of WIC food packages
that do not meet the minimum federal requirements. For example, WIC stipulates
the size of certain food items, and any deviation from the requirement, such as
a larger package of an identical type of bread or eggs, requires a federal
waiver from the United States Department of Agriculture (USDA). In a public
health emergency, the benefits of making this type of substitution outweigh the
risks; and
Whereas, It is imperative that
the hundreds of thousands of WIC participants in Michigan continue to have
access to foods through WIC. A lack of access to good nutrition prenatally and
in the first five years of life can negatively impact a child’s health and
development for years to come; now, therefore, be it
Resolved by the House of
Representatives, That we urge the Congress of the United States to allow
grocery store managers to authorize a substitution for a WIC-approved food if
the store runs out of the food during a public health emergency; and be it
further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
The resolution was referred to the Committee on Families, Children, and
Seniors.
Reps. LaFave and Crawford offered the following resolution:
House Resolution No. 257.
A resolution to reaffirm the
sovereignty of tribal nations and to encourage the Michigan Attorney General to
not infringe on that sovereignty.
Whereas, Article I, Section 8 of
the U.S. Constitution recognizes tribal nations as sovereign governments.
Tribal nations’ right to self-governance has been repeatedly reaffirmed by
treaties, the U.S. Supreme Court, executive orders, and laws enacted by
Congress; and
Whereas, The Indian Gaming
Regulatory Act of 1988 permits tribes to operate Class III casino-style gaming
activities on Indian reservations. The state of Michigan has entered into
tribal-state compacts with twelve federally-recognized tribes to authorize
Class III casino-style gaming. The state of Michigan has no authority to
regulate Indian gaming, except to ensure compliance with the provisions of each
tribal-state compact; and
Whereas, In response to the novel
coronavirus (COVID-19), the Governor has issued a number of executive orders to
limit the operation of businesses and require people to stay home, with
exceptions, through May 28, 2020. Despite most cases of COVID-19 being
reported in the southern part of the state, far from a majority of Indian
casinos, tribal governments followed federal and state guidelines to close
Class III casino-style gaming facilities under their jurisdiction; and
Whereas, After weeks of economic
closure and staying at home, the number of COVID-19 cases has steadily
declined. Tribal governments, often relying on casino revenue to fund services
and infrastructure, announced plans to reopen casinos before the Governor’s
most recent stay-at-home order expires. The Hannahville Indian Community
announced plans to reopen a casino in the Upper Peninsula in phases beginning
May 6, 2020; and
Whereas, On May 5, 2020, in a
letter addressed to the Hannahville Indiana Community Tribal Chairperson, the
Michigan Attorney General warned that casino employees and patrons who visit
the casino prior to the expiration of the Governor’s stay-at-home order would
be subject to civil and criminal penalties. Although the letter acknowledges
the tribe’s right to self-governance, which includes the right to reopen its
casinos at any date, it serves as a veiled-threat to control the actions of a
sovereign tribal nation; now, therefore, be it
Resolved by the House of
Representatives, That we reaffirm the sovereignty of tribal nations and
encourage the Michigan Attorney General to not infringe on that sovereignty;
and be it further
Resolved, That copies of this
resolution be transmitted to the Governor and the Michigan Attorney General.
The resolution was referred to the Committee on Military, Veterans and
Homeland Security.
Second
Reading of Bills
House Bill No. 5412, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending section 3476 (MCL 500.3476), as amended by
2017 PA 223.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Ways and Means,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep.
Vaupel moved
that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5413, entitled
A bill to amend 1980 PA 350, entitled “The
nonprofit health care corporation reform act,” by amending section 401k (MCL
550.1401k), as added by 2012 PA 214.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Ways and Means,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep.
Wozniak moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5414, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending sections 100c and 100d (MCL 330.1100c and 330.1100d),
section 100c as amended by 2016 PA 320 and section 100d as amended by 2015 PA
59.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-1) previously
recommended by the Committee on Ways and Means,
The
substitute (H-1) was adopted, a majority of the members serving voting
therefor.
Rep.
Green moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5415, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” (MCL 400.1 to 400.119b) by adding section 105g.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-1) previously
recommended by the Committee on Ways and Means,
The
substitute (H-1) was adopted, a majority of the members serving voting
therefor.
Rep.
Liberati moved
that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5416, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” (MCL 400.1 to 400.119b) by adding section 105g.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Ways and Means,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep.
Whiteford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House
Bill No. 5368, entitled
A bill
to amend 1965 PA 203, entitled “Michigan commission on law enforcement
standards act,” by amending section 2 (MCL 28.602), as amended by 2016 PA 289.
The
bill was read a second time.
Rep. Steven Johnson moved to amend the bill as follows:
1. Amend page 7, line 27, after “agriculture”
by inserting “and rural development”.
Rep.
Tyrone Carter moved that the bill be placed on the order of Third Reading of
Bills.
The motion prevailed.
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 42, 46, 48, 49, 63, 69, 618a, 634, 660,
660a, 660d, 673, 674, 675d, and 676b (MCL 257.42, 257.46, 257.48, 257.49,
257.63, 257.69, 257.618a, 257.634, 257.660, 257.660a, 257.660d, 257.673,
257.674, 257.675d, and 257.676b), section 42 as amended by 2016 PA 304, section
618a as amended by 2014 PA 303, section 634 as amended by 1988 PA 346, sections
660 and 660d as amended by 2018 PA 394, section 660a as added by 2006 PA 339,
section 674 as amended by 2000 PA 268, section 675d as amended by 2010 PA 211,
and section 676b as amended by 2018 PA 75, and by adding sections 63a, 64a,
64b, and chapter VIA.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-1) previously
recommended by the Committee on Judiciary,
The
substitute (H-1) was adopted, a majority of the members serving voting
therefor.
Rep.
Filler moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5417, entitled
A bill
to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by
amending sections 2, 3a, 4, 8, 9, 10, and 11 (MCL 333.1052, 333.1053a,
333.1054, 333.1058, 333.1059, 333.1060, and 333.1061), sections 2 and 11 as
amended by 2017 PA 157 and section 3a as added and sections 4, 8, 9, and 10 as
amended by 2013 PA 155, and by adding section 3b.
The
bill was read a second time.
Rep.
Warren moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5418, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding sections 1180 and 1181.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-4) previously
recommended by the Committee on Judiciary,
The
substitute (H-4) was adopted, a majority of the members serving voting
therefor.
Rep.
Warren moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5419, entitled
A bill
to amend 1998 PA 386, entitled “Estates and protected individuals code,” by
amending section 5215 (MCL 700.5215), as amended by 2000 PA 469.
The
bill was read a second time.
Rep.
Rendon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
Rep. Cole moved that House Bill
No. 5412 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5412, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by
amending section 3476 (MCL 500.3476), as amended by 2017 PA 223.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 194 Yeas—105
Afendoulis Farrington Johnson, S. Pohutsky
Albert Filler Jones Rabhi
Alexander Frederick Kahle Reilly
Allor Garrett Kennedy Rendon
Anthony Garza Koleszar Sabo
Bellino Gay-Dagnogo Kuppa Schroeder
Berman Glenn LaFave Shannon
Bolden Green LaGrand Sheppard
Bollin Greig Lasinski Slagh
Brann Griffin Leutheuser Sneller
Brixie Guerra Liberati Sowerby
Byrd Haadsma Lightner Stone
Calley Hall Lilly Tate
Cambensy Hammoud Love VanSingel
Camilleri Hauck Lower VanWoerkom
Carter, B. Hernandez Maddock Vaupel
Carter, T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Markkanen Webber
Chirkun Hood Meerman Wendzel
Clemente Hornberger Miller Wentworth
Cole Howell Mueller Whiteford
Coleman Huizenga Neeley, C. Whitsett
Crawford Iden O’Malley Witwer
Eisen Inman Paquette Wozniak
Elder Johnson,
C. Peterson Yaroch
Ellison
Nays—0
In The
Chair: Chatfield
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cole moved that House Bill
No. 5413 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5413, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care
corporation reform act,” by amending section 401k (MCL 550.1401k), as added by
2012 PA 214.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 195 Yeas—105
Afendoulis Farrington Johnson, S. Pohutsky
Albert Filler Jones Rabhi
Alexander Frederick Kahle Reilly
Allor Garrett Kennedy Rendon
Anthony Garza Koleszar Sabo
Bellino Gay-Dagnogo Kuppa Schroeder
Berman Glenn LaFave Shannon
Bolden Green LaGrand Sheppard
Bollin Greig Lasinski Slagh
Brann Griffin Leutheuser Sneller
Brixie Guerra Liberati Sowerby
Byrd Haadsma Lightner Stone
Calley Hall Lilly Tate
Cambensy Hammoud Love VanSingel
Camilleri Hauck Lower VanWoerkom
Carter, B. Hernandez Maddock Vaupel
Carter, T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Markkanen Webber
Chirkun Hood Meerman Wendzel
Clemente Hornberger Miller Wentworth
Cole Howell Mueller Whiteford
Coleman Huizenga Neeley, C. Whitsett
Crawford Iden O’Malley Witwer
Eisen Inman Paquette Wozniak
Elder Johnson,
C. Peterson Yaroch
Ellison
Nays—0
In The
Chair: Chatfield
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cole moved that House Bill
No. 5414 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5414, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending
sections 100c and 100d (MCL 330.1100c and 330.1100d), section 100c as amended
by 2016 PA 320 and section 100d as amended by 2015 PA 59.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 196 Yeas—105
Afendoulis Farrington Johnson, S. Pohutsky
Albert Filler Jones Rabhi
Alexander Frederick Kahle Reilly
Allor Garrett Kennedy Rendon
Anthony Garza Koleszar Sabo
Bellino Gay-Dagnogo Kuppa Schroeder
Berman Glenn LaFave Shannon
Bolden Green LaGrand Sheppard
Bollin Greig Lasinski Slagh
Brann Griffin Leutheuser Sneller
Brixie Guerra Liberati Sowerby
Byrd Haadsma Lightner Stone
Calley Hall Lilly Tate
Cambensy Hammoud Love VanSingel
Camilleri Hauck Lower VanWoerkom
Carter, B. Hernandez Maddock Vaupel
Carter, T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Markkanen Webber
Chirkun Hood Meerman Wendzel
Clemente Hornberger Miller Wentworth
Cole Howell Mueller Whiteford
Coleman Huizenga Neeley, C. Whitsett
Crawford Iden O’Malley Witwer
Eisen Inman Paquette Wozniak
Elder Johnson,
C. Peterson Yaroch
Ellison
Nays—0
In The
Chair: Chatfield
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cole moved that House Bill
No. 5415 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5415, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL
400.1 to 400.119b) by adding section 105g.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 197 Yeas—105
Afendoulis Farrington Johnson, S. Pohutsky
Albert Filler Jones Rabhi
Alexander Frederick Kahle Reilly
Allor Garrett Kennedy Rendon
Anthony Garza Koleszar Sabo
Bellino Gay-Dagnogo Kuppa Schroeder
Berman Glenn LaFave Shannon
Bolden Green LaGrand Sheppard
Bollin Greig Lasinski Slagh
Brann Griffin Leutheuser Sneller
Brixie Guerra Liberati Sowerby
Byrd Haadsma Lightner Stone
Calley Hall Lilly Tate
Cambensy Hammoud Love VanSingel
Camilleri Hauck Lower VanWoerkom
Carter, B. Hernandez Maddock Vaupel
Carter, T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Markkanen Webber
Chirkun Hood Meerman Wendzel
Clemente Hornberger Miller Wentworth
Cole Howell Mueller Whiteford
Coleman Huizenga Neeley, C. Whitsett
Crawford Iden O’Malley Witwer
Eisen Inman Paquette Wozniak
Elder Johnson,
C. Peterson Yaroch
Ellison
Nays—0
In The
Chair: Chatfield
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cole moved that House Bill
No. 5416 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5416, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL
400.1 to 400.119b) by adding section 105g.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 198 Yeas—105
Afendoulis Farrington Johnson, S. Pohutsky
Albert Filler Jones Rabhi
Alexander Frederick Kahle Reilly
Allor Garrett Kennedy Rendon
Anthony Garza Koleszar Sabo
Bellino Gay-Dagnogo Kuppa Schroeder
Berman Glenn LaFave Shannon
Bolden Green LaGrand Sheppard
Bollin Greig Lasinski Slagh
Brann Griffin Leutheuser Sneller
Brixie Guerra Liberati Sowerby
Byrd Haadsma Lightner Stone
Calley Hall Lilly Tate
Cambensy Hammoud Love VanSingel
Camilleri Hauck Lower VanWoerkom
Carter, B. Hernandez Maddock Vaupel
Carter, T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Markkanen Webber
Chirkun Hood Meerman Wendzel
Clemente Hornberger Miller Wentworth
Cole Howell Mueller Whiteford
Coleman Huizenga Neeley, C. Whitsett
Crawford Iden O’Malley Witwer
Eisen Inman Paquette Wozniak
Elder Johnson,
C. Peterson Yaroch
Ellison
Nays—0
In The
Chair: Chatfield
The
question being on agreeing to the title of the bill,
Rep.
Cole moved to amend the title to read as follows:
A bill
to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to
400.119b) by adding section 105h.
The
motion prevailed.
The
House agreed to the title as amended.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cole moved that House Bill
No. 5368 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5368, entitled
A bill to amend 1965 PA 203, entitled “Michigan commission on law
enforcement standards act,” by amending section 2 (MCL 28.602), as amended by
2016 PA 289.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 199 Yeas—103
Afendoulis Ellison Johnson, S. Rabhi
Albert Farrington Jones Reilly
Alexander Filler Kahle Rendon
Allor Frederick Kennedy Sabo
Anthony Garrett Koleszar Schroeder
Bellino Garza Kuppa Shannon
Berman Gay-Dagnogo LaFave Sheppard
Bolden Glenn LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, B. Hernandez Manoogian Wakeman
Carter, T. Hertel Marino Warren
Chatfield Hoadley Markkanen Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hornberger Mueller Whiteford
Cole Howell Neeley, C. Whitsett
Coleman Huizenga O’Malley Witwer
Crawford Iden Paquette Wozniak
Eisen Inman Peterson Yaroch
Elder Johnson,
C. Pohutsky
Nays—2
Green Maddock
In The
Chair: Chatfield
The
House agreed to the title of the bill.
Rep. Cole moved that the bill be given
immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
Rep.
Cole moved that House Bill No. 5369
be placed on its immediate passage.
The
motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5369, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending sections 42, 46, 48, 49, 63, 69, 618a, 634, 660, 660a, 660d, 673, 674,
675d, and 676b (MCL 257.42, 257.46, 257.48, 257.49, 257.63, 257.69, 257.618a,
257.634, 257.660, 257.660a, 257.660d, 257.673, 257.674, 257.675d, and
257.676b), section 42 as amended by 2016 PA 304, section 618a as amended by
2014 PA 303, section 634 as amended by 1988 PA 346, sections 660 and 660d as
amended by 2018 PA 394, section 660a as added by 2006 PA 339, section 674
as amended by 2000 PA 268, section 675d as amended by 2010 PA 211, and section
676b as amended by 2018 PA 75, and by adding sections 63a, 64a, 64b, and
chapter VIA.
Was
read a third time and passed, a majority of the members serving voting
therefor, by yeas and nays, as follows:
Roll
Call No. 200 Yeas—102
Afendoulis Ellison Johnson, S. Pohutsky
Albert Farrington Jones Rabhi
Alexander Filler Kahle Rendon
Allor Frederick Kennedy Sabo
Anthony Garrett Koleszar Schroeder
Bellino Garza Kuppa Shannon
Berman Gay-Dagnogo LaFave Sheppard
Bolden Glenn LaGrand Slagh
Bollin Greig Lasinski Sneller
Brann Griffin Leutheuser Sowerby
Brixie Guerra Liberati Stone
Byrd Haadsma Lightner Tate
Calley Hall Lilly VanSingel
Cambensy Hammoud Love VanWoerkom
Camilleri Hauck Lower Vaupel
Carter, B. Hernandez Manoogian Wakeman
Carter, T. Hertel Marino Warren
Chatfield Hoadley Markkanen Webber
Cherry Hoitenga Meerman Wendzel
Chirkun Hood Miller Wentworth
Clemente Hornberger Mueller Whiteford
Cole Howell Neeley, C. Whitsett
Coleman Huizenga O’Malley Witwer
Crawford Iden Paquette Wozniak
Eisen Inman Peterson Yaroch
Elder Johnson,
C.
Nays—3
Green Maddock Reilly
In The Chair: Chatfield
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Cole 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
Motions
and Resolutions
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the
Governor on Tuesday, May 12, for her approval of the following bill:
Enrolled House Bill No. 5496 at
2:04 p.m.
The Clerk announced that the following bill had been
reproduced and made available electronically on Tuesday, May 12:
House Bill No. 5767
The Clerk announced that the following bills had been reproduced
and made available electronically on Wednesday, May 13:
Senate Bill Nos. 918 919 920 921 922 923
Reports of Standing Committees
The Committee on Transportation,
by Rep. O’Malley, Chair, referred
House Bill No. 4721, entitled
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending section 301 (MCL 257.301), as
amended by 2011 PA 159.
to the Committee on Judiciary
with the recommendation that the substitute (H-1) be adopted.
Favorable Roll
Call
To Refer:
Yeas: Reps. O’Malley, Eisen,
Cole, Sheppard, Alexander, Bellino, Howell and Afendoulis
Nays: Reps. Sneller, Clemente, Haadsma and Shannon
The bill and substitute were
referred to the Committee on Judiciary.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. O’Malley, Chair, of the Committee on Transportation, was received and
read:
Meeting held on: Wednesday, May
13, 2020
Present: Reps. O’Malley, Eisen,
Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis,
Sneller, Clemente, Haadsma and Shannon
Absent: Rep. Yancey
Excused: Rep. Yancey
The Committee on Local Government and
Municipal Finance, by Rep. Lower, Chair, referred
House Bill No. 5766, entitled
A bill to amend 1973 PA 186,
entitled “Tax tribunal act,” (MCL 205.701 to 205.779) by adding section 37a.
to the Committee on Ways and
Means with the recommendation that the substitute (H-1) be adopted.
Favorable Roll
Call
To Refer:
Yeas: Reps. Lower, Marino,
Crawford, Calley, Howell, Eisen, Markkanen, Paquette,
Ellison, Sowerby and Garza
Nays: None
The bill and substitute were
referred to the Committee on Ways and Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Lower, Chair, of the Committee on Local Government and Municipal
Finance, was received and read:
Meeting held on: Wednesday, May
13, 2020
Present: Reps. Lower, Marino,
Crawford, Calley, Howell, Eisen, Markkanen, Paquette,
Ellison, Sowerby and Garza
Absent: Reps. Hope and Kuppa
Excused: Reps. Hope and Kuppa
The Committee on Judiciary, by
Rep. Filler, Chair, reported
House Bill No. 5411, entitled
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section
217i.
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. Filler, LaFave,
Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder and Bolden
Nays: None
The Committee on Judiciary, by
Rep. Filler, Chair, reported
House Bill No. 5488, entitled
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 1k of chapter IX
(MCL 769.1k), as amended by 2017 PA 64.
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. Filler, LaFave,
Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder and Bolden
Nays: None
The Committee on Judiciary, by
Rep. Filler, Chair, reported
Senate Bill No. 718, entitled
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending section 625t (MCL 257.625t), as
added by 2016 PA 243.
Without amendment and with the
recommendation that the bill pass.
The bill was referred to the
order of Second Reading of Bills.
Favorable Roll
Call
To Report Out:
Yeas: Reps. Filler, LaFave,
Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder and Bolden
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Filler, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, May
13, 2020
Present: Reps. Filler, LaFave,
Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder and Bolden
Absent: Rep. Yancey
Excused: Rep. Yancey
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep.
Hernandez, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, May 13,
2020
Present: Reps. Hernandez, Miller,
Sheppard, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch,
Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Hoadley, Love, Peterson, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate
Absent: Reps. Pagan and Hammoud
Excused: Reps. Pagan and Hammoud
Messages from the Governor
The following message from the Governor
was received May 12, 2020 and read:
EXECUTIVE
ORDER
No.
2020-82
Temporary
enhancements to operational capacity
and
efficiency of health care facilities
Rescission
of Executive Order 2020-49
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and the
Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL
10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the Emergency Powers of the Governor Act, as well as
Executive Order 2020-68 to issue new emergency and disaster declarations under
the Emergency Management Act.
The Emergency Management Act
vests the governor with broad powers and duties to “cop[e] with dangers to this
state or the people of this state presented by a disaster or emergency,” which
the governor may implement through “executive orders, proclamations, and
directives having the force and effect of law.” MCL 30.403(1)–(2). Similarly,
the Emergency Powers of the Governor Act of 1945 provides that, after declaring
a state of emergency, “the governor may promulgate reasonable orders, rules,
and regulations as he or she considers necessary to protect life and property
or to bring the emergency situation within the affected area under control.”
MCL 10.31(1).
To provide necessary protections
against the dangers to this state posed by the COVID-19 pandemic, the state
must ensure that there is an adequate supply of health care providers and
facilities. To this end, it is reasonable and necessary to provide limited and
temporary relief from certain regulatory requirements to enhance the
operational capacity and efficiency of health care facilities.
Executive Order 2020-13 provided
this limited and temporary relief. Executive Order 2020-49 clarified that
relief and extended its duration. This order extends that duration further, as
it remains reasonable and necessary to suppress the spread of COVID-19 and
protect the public health and safety of this state and its residents. With this
order, Executive Order 2020-49 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. The Department of Health and Human Services (“DHHS”)
may issue an emergency certificate of need to an applicant and defer strict
compliance with the procedural requirements of section 22235 of the Public
Health Code, 1978 PA 368, as amended, MCL 333.22235, until the end of the
declared states of disaster and emergency.
2. The Department of Licensing and Regulatory
Affairs (“LARA”) may grant a waiver under section 21564 of the Public Health
Code, 1978 PA 368, as amended, MCL 333.21564, to any licensed hospital in this
state, regardless of number of beds or location, for the purpose of providing
care during the COVID-19 pandemic, to construct, acquire, or operate a
temporary or mobile facility for any health care purpose, regardless of where
the facility is located. A waiver issued under this section may be renewed by
LARA until the end of the declared states of disaster and emergency.
3. LARA may issue a temporary registration as a
certified nurse aide to an applicant, regardless of whether the applicant
demonstrates to LARA that they have successfully completed the examination
requirements of sections 21911 and 21913 of the Public Health Code, 1978 PA
368, as amended, MCL 333.21911 and MCL 333.21913. A temporary registration
issued under this section shall be valid for 28 days and may be renewed by LARA
until the end of the declared states of disaster and emergency.
4. LARA may renew a license to practice under
Part 170, 172, 175, 177, or 187 of the Public Health Code, 1978 PA 368, as
amended, regardless of whether the licensee has satisfied the continuing
education requirement applicable to their license.
5. LARA may recognize hours worked responding to
the COVID-19 pandemic as hours toward continuing education courses or programs
required for licensure.
6. LARA may allow a non-nursing assistant such as
an activity coordinator, social worker, or volunteer to help feed or transport
a patient or resident in a manner consistent with the patient’s or resident’s
care plan.
7. This order is effective immediately and
continues through June 9, 2020 at 11:59 pm.
8. Executive Order 2020-49 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: May 12, 2020
Time: 10:45 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
House Bill No. 5768, entitled
A bill to amend 1998 PA 386, entitled “Estates and
protected individuals code,” (MCL 700.1101 to 700.8206) by adding section
5505a.
The bill was read a first time by its title and
referred to the Committee on Judiciary.
Rep. Wozniak introduced
House Bill No. 5769, entitled
A bill to amend 1998 PA 386, entitled “Estates
and protected individuals code,” by amending sections 1104 and 5501 (MCL
700.1104 and 700.5501), section 1104 as amended by 2016 PA 57 and section 5501
as amended by 2012 PA 141.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
______
Rep. Warren moved that the House adjourn.
The motion prevailed, the time being 3:15 p.m.
The
Speaker declared the House adjourned until Tuesday, May 19, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of
Representatives