No. 52 STATE OF MICHIGAN

JOURNAL OF THE House of Representatives

100th Legislature REGULAR SESSION OF 2020

House Chamber, Lansing, Wednesday, June 10, 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—excused Webber—present Cherry—present Hood—present Meerman—present Wendzel—present Chirkun—present Hope—present 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—present Crawford—present Iden—present Pagan—present Witwer—present Eisen—present Inman—present Paquette—present Wozniak—present Elder—present Johnson, C.—present Peterson—present Yancey—present Ellison—present Johnson, S.—present Pohutsky—present Yaroch—present Farrington—present

e/d/s = entered during session 1010 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Rep. Jim Haadsma, from the 62nd District, offered the following invocation:

“We thank You, God, for bringing us here this afternoon, to act as one for state of Michigan, for, as the Apostle Paul wrote in his letter to the Galatians, ‘In Christ there is neither Jew nor Greek; there is neither slave nor free; there is no longer male and female, for you are all one in Christ Jesus;’ please minister through us today to act in such oneness. Amen.”

______

Rep. Cole moved that Rep. Markkanen be excused from today’s session. The motion prevailed.

Motions and Resolutions

Reps. Lasinski, Brixie, Pagan, Sabo, Greig, Sowerby, Hood, Ellison, Rabhi, Pohutsky, Yancey, Tate, Kuppa, Witwer, Wozniak, Hertel, Tyrone Carter, Koleszar, Warren, Stone, Clemente, Hope, Kennedy, Cynthia Neeley, Wittenberg, Cherry, Gay-Dagnogo, Cynthia Johnson, Shannon, Bolden, Hoadley, Camilleri, Guerra, Manoogian, Liberati, Brenda Carter, Coleman, Sneller, Hammoud, Elder, Chirkun, Peterson, Marino, Howell, LaGrand, Byrd, Whitsett, Jones, Garza, Cambensy, Haadsma, Garrett and Love offered the following resolution: House Resolution No. 272. A resolution to commemorate the celebration of the 75th anniversary of the Michigan Association for Justice and express appreciation for the organization’s contributions to promoting and protecting a fair and effective justice system in Michigan and safeguarding the 7th Amendment of the United States Constitution. Whereas, It is an honor for the members of the Michigan Legislature to join in saluting the Michigan Association for Justice (MAJ) as it marks 75 years of service in jurisprudence. This renowned group was formed in 1945 with approximately twenty lawyers who were specialists in workers’ compensation. Mr. Sam Charfoos served as the first president of the organization which is dedicated to ensuring access to the civil justice system and defending our cherished right to a civil trial by jury; and Whereas, The 7th Amendment to the United States Constitution grants every American the right to a civil trial by jury. Over the years, members of MAJ have fought courageously to protect the rights of consumers, workers, children, and families from powerful forces aligned against them. Trial lawyers are champions for vulnerable people who would otherwise have no voice; and Whereas, The Constitution of Michigan of 1963, Article 1, Section 14, states that “The right of [civil] trial by jury shall remain.” We applaud the efforts of MAJ members to keep the justice system fair and open. Through effective efforts on behalf of innocent victims, civil rights, and equal rights, many people have gained access to justice, and many others have been protected by the precedents that certain of these cases have set. The accomplishments of the Michigan Association for Justice in fulfilling its mission of promoting and protecting a fair and effective justice system and ensuring that any person who is injured by the misconduct or negligence of others can obtain justice in Michigan’s courtrooms stand as a bulwark against unfairness, inequity, and injustice. Its 75 years of vigilance and attainment gives great significance to this notable milestone in MAJ history; now, therefore, be it Resolved by the House of Representatives, that the members of this legislative body commemorate the celebration of the 75th anniversary of the Michigan Association for Justice and express appreciation for the organization’s contributions to promoting and protecting a fair and effective justice system in Michigan and safeguarding the 7th amendment of the United States Constitution; and be if further Resolved, That copies of this resolution be transmitted to MAJ President Robert J. MacDonald, MAJ President-Elect Donna M. MacKenzie, MAJ Vice President Ronald K. Weiner, Executive Director Stephen V. Pontoni, and the membership and staff of this admirable organization as evidence of the Michigan Legislature’s lasting respect and admiration. The question being on the adoption of the resolution,

Rep. Lasinski moved to substitute (H-1) the resolution as follows: Substitute for House Resolution No. 272. A resolution to commemorate June 11, 2020, as the celebration of the 75th anniversary of the Michigan Association for Justice and express appreciation for the organization’s contributions to promoting and protecting a fair and effective justice system in Michigan and safeguarding the 7th Amendment of the United States Constitution. No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1011

Whereas, It is an honor for the members of the Michigan Legislature to join in saluting the Michigan Association for Justice (MAJ) as it marks 75 years of service in jurisprudence. This renowned group was formed in 1945 with approximately twenty lawyers who were specialists in workers’ compensation. Mr. Sam Charfoos served as the first president of the organization which is dedicated to ensuring access to the civil justice system and defending our cherished right to a civil trial by jury; and Whereas, The 7th Amendment to the United States Constitution grants every American the right to a civil trial by jury. Over the years, members of MAJ have fought courageously to protect the rights of consumers, workers, children, and families from powerful forces aligned against them. Trial lawyers are champions for vulnerable people who would otherwise have no voice; and Whereas, The Constitution of Michigan of 1963, Article 1, Section 14, states that “The right of [civil] trial by jury shall remain.” We applaud the efforts of MAJ members to keep the justice system fair and open. Through effective efforts on behalf of innocent victims, civil rights, and equal rights, many people have gained access to justice, and many others have been protected by the precedents that certain of these cases have set. The accomplishments of the Michigan Association for Justice in fulfilling its mission of promoting and protecting a fair and effective justice system and ensuring that any person who is injured by the misconduct or negligence of others can obtain justice in Michigan’s courtrooms stand as a bulwark against unfairness, inequity, and injustice. Its 75 years of vigilance and attainment gives great significance to this notable milestone in MAJ history; now, therefore, be it Resolved by the House of Representatives, that the members of this legislative body commemorate June 11, 2020, as the celebration of the 75th anniversary of the Michigan Association for Justice and express appreciation for the organization’s contributions to promoting and protecting a fair and effective justice system in Michigan and safeguarding the 7th amendment of the United States Constitution; and be if further Resolved, That copies of this resolution be transmitted to MAJ President Robert J. MacDonald, MAJ President-Elect Donna M. MacKenzie, MAJ Vice President Ronald K. Weiner, Executive Director Stephen V. Pontoni, and the membership and staff of this admirable organization as evidence of the Michigan Legislature’s lasting respect and admiration. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor. The question being on the adoption of the resolution,

Rep. Cole moved that consideration of the resolution be postponed temporarily. The motion prevailed.

Reps. Kuppa, Brixie, Stone, Sowerby, Shannon, Hammoud, Rabhi, Koleszar, Greig, Garza, Elder, Kennedy, Cynthia Neeley, Tyrone Carter, Yancey, Hoadley, Warren, Wittenberg, Coleman, Cherry, Chirkun, Gay-Dagnogo, Haadsma, Hope, Lasinski, Pagan, Sabo and Shannon offered the following resolution: House Resolution No. 273. A resolution to oppose actions by the United States Environmental Protection Agency relaxing the enforcement of environmental rules in response to the novel coronavirus outbreak. Whereas, The spread of coronavirus disease 2019 (COVID-19) has resulted in a global pandemic spreading across 213 countries and other locations. In the most serious cases, this disease causes serious respiratory illness and death, with death rates that are notably higher than common viruses like influenza. In the United States alone, there have been hundreds of thousands of confirmed cases and tens of thousands of deaths with numbers continuing to rise daily; and Whereas, On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued a memorandum announcing its temporary policy to relax the enforcement of federal environmental rules. The policy states that the EPA will use its enforcement discretion for noncompliance covered by the policy and does not expect to seek penalties for certain violations of environmental protection rules; and Whereas, Relaxing environmental rules that protect the health of the public is not in the best interest of Americans at a time when public health is already severely threatened by COVID-19. Safe water is vital for preventing serious illness, both for consumption and for following COVID-19 handwashing recommendations. Clean air is important for everyone but particularly to protect individuals with chronic conditions who are already more vulnerable to COVID-19 and its serious respiratory complications; and Whereas, Death rates from COVID-19 are higher in counties with higher levels of long-term air pollution according to a study conducted at Harvard University. Even small increases in certain types of air pollution lead to large increases in death rates from COVID-19. The researchers conclude that the “study results underscore the importance of continuing to enforce existing air pollution regulations to protect human health both during and after the COVID-19 crisis”; now, therefore, be it 1012 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Resolved by the House of Representatives, That we oppose actions by the United States Environmental Protection Agency relaxing the enforcement of environmental rules in response to the novel coronavirus outbreak; and be it further Resolved, That copies of this resolution be transmitted to the Administrator of the United States Environmental Protection Agency and the members of the Michigan congressional delegation. The resolution was referred to the Committee on Natural Resources and Outdoor Recreation.

The House returned to the consideration of House Resolution No. 272. A resolution to commemorate the celebration of the 75th anniversary of the Michigan Association for Justice and express appreciation for the organization’s contributions to promoting and protecting a fair and effective justice system in Michigan and safeguarding the 7th Amendment of the United States Constitution. (The resolution was considered earlier today, see today’s Journal, p. 1010.) The question being on the adoption of the resolution, The resolution was adopted.

Reps. Glenn, Calley, Cherry, Chirkun, Crawford, Gay-Dagnogo, Haadsma, Hoadley, Hope, Kennedy, Love, Pagan, Sabo, Shannon, Stone, Warren and Wittenberg offered the following resolution: House Resolution No. 274. A resolution to recognize June 12, 2020, as Women Veterans Recognition Day in the state of Michigan. Whereas, Women have proudly served their country throughout all periods of the history of the United States, whether disguised as male soldiers during the American Revolution and Civil War, as nurses in World War I or as combat helicopter pilots in Afghanistan; and Whereas, Women have formally been part of the United States Armed Forces since the inception of the Army Nurse Corps in 1901, but have informally served since the inception of our nation’s military; and Whereas, During the American Revolution, women served on the battlefield alongside the men, mainly as nurses, water bearers, often called “Molly Pitchers,” cooks, laundresses, and saboteurs. Despite Army regulations that only men could enlist, women who wanted to join in the fighting circumvented the rules by masquerading as young men or boys; and Whereas, In 1917, the Navy announced it would open enlistment to women. About 12,000 female yeomen entered the Navy and filled a variety of jobs, including draftsmen, interpreters, couriers, and translators; and Whereas, During World War I, 307 women enlisted in the Marine Corps. Like their sisters in the Navy, they were limited to the enlisted ranks and worked mainly in Washington, D.C., doing various administrative jobs. Women’s service contributions in World War I showed that they either had, or could quickly learn, nontraditional skills needed by the military; and Whereas, Following Pearl Harbor, Congress authorized new components for women’s services that increased the number of active duty positions in the Army and Navy Nurse Corps. In May 1942, the Army was given the authority to establish the Women’s Army Auxiliary Corps, also known as the WAACs. The Navy, Coast Guard, and Marine Corps followed suit, but rather than making women an auxiliary component they opted to enroll them in the reserves on the same basis as their male counterparts, while the Army Air Forces enlisted nearly 1,100 female civilian volunteers who earned their silver wings as Women Airforce Service Pilots (WASP); and Whereas, At the end of World War II in 1945, of the approximately 12 million people remaining in the Armed Forces, about 280,000 were women; and Whereas, With the passage of the Women’s Armed Services Integration Act of 1948, women became a permanent part of the United States military, but women continued to be restricted to two percent of the military population. That restriction was finally lifted in 1967 with the amendment of the Women’s Armed Services Integration Act, which also opened senior officer ranks to women; and Whereas, The early 1990s were a historic time for women in the military with over 40,000 women deploying in support of the Persian Gulf War, making women service members more visible in the eyes of the public. In addition, the Defense Authorization Act in 1992 repealed combat exclusion laws that had prevented women from flying combat aircrafts; and Whereas, Women who have served in the United States military are often referred to as the “invisible veterans” because their service contributions, until the 1970s, went largely unrecognized by politicians, the media, academia, and the general public; and Whereas, Even though women have been officially serving in the military since the creation of the Army Nurse Corps in 1901, they have not always been considered qualified for veteran status for the purpose of receiving benefits from the Department of Veterans Affairs. Even after women were granted veteran status, issues of access, exclusion, and improper management of their health care remained; and No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1013

Whereas, It was not until well after World War II that women who served in the military began to officially be recognized as veterans; and Whereas, In the late 1970s and early 1980s, many of the contributions made by women in World War II were formally recognized through laws that granted these women with veteran status for their time in service. This opened the doors for women to take advantage of programs, opportunities, and benefits from the federal and state governments, the Department of Veterans Affairs, and other veteran service organizations; and Whereas, Over the past 20 years, the Veteran Health Administration (VHA) has introduced initiatives designed to improve health care access and quality of care for women veterans; and Whereas, In 2008, VHA’s Women Veterans Health Strategic Health Care Group began a five-year plan to redesign the nation’s health care delivery system for women. A fundamental component of this plan was to ensure that all women veterans had access to comprehensive primary care from skilled women’s health providers; and Whereas, The 1980 decennial census marked the first time that information on women veterans was ever captured in a large national survey. At the time of the 1980 decennial census, women made up just over two percent of the veteran population. Today, that proportion has increased to almost eight percent; and Whereas, There are currently over two million women veterans living in the United States and Puerto Rico. Of this number, nearly 44,000 make Michigan their home; now, therefore, be it Resolved by the House of Representatives, That members of this legislative body recognize June 12, 2020, as Women Veterans Recognition Day in the state of Michigan; and be it further Resolved, That we urge all Michiganders to honor women veterans on this momentous occasion. The question being on the adoption of the resolution, The resolution was adopted.

Reps. Lasinski, Cherry, Chirkun, Gay-Dagnogo, Haadsma, Hoadley, Hope, Kennedy, Love, Pagan, Sabo, Shannon, Sowerby, Stone, Warren and Wittenberg offered the following resolution: House Resolution No. 275. A resolution to memorialize the Congress of the United States to ensure that all Americans have internet access necessary to participate in telemedicine, distance learning, and telework as part of any legislation that provides relief and recovery resources related to the COVID-19 Pandemic. Whereas, The spread of novel coronavirus (COVID-19) has resulted in a global pandemic spreading across 213 countries, areas, and territories, including the United States; and Whereas, To combat the rapid dispersion of the virus, drastic measures have been taken in Michigan and other states, including orders requiring residents to stay at home. For many of us, this means taking our daily activities — school, work, and medical care — online; and Whereas, Affordable and reliable internet access is fundamental to full participation in education, work, and health care in everyday life, but it is even more urgently needed during this health crisis. Yet 37 percent of Michigan residents do not have access to high speed broadband internet and in some rural counties this number exceeds 90 percent. Disparities in home internet access exacerbates existing gaps in educational, economic, and health outcomes for disadvantaged individuals and families; and Whereas, The closure of many schools across the nation due to COVID-19 and the transition to online learning makes it crystal clear that access to the internet is an absolute requirement to continued education in the United States. Yet, over 9,000,000 children across the country do not currently have any internet access; and Whereas, Due to the COVID-19 Pandemic, accessing health care in person carries risks for some individuals. Yet, lack of internet access makes it impossible for many Americans to participate in telemedicine opportunities with their doctors. This lack of internet access is increasing healthcare disparities in the nation; and Whereas, Providing state and local governments with adequate funding and increasing funding support of the Federal Communications Commission will ensure that all students, employees, and those seeking medical care are able to participate equally in necessary, online activities; now, therefore, be it Resolved by the House of Representatives, That we memorialize the Congress of the United States to ensure that all Americans have internet access necessary to participate in telemedicine, distance learning, and telework as part of any legislation that provides relief and recovery resources related to the COVID-19 Pandemic; 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 Communications and Technology. 1014 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Messages from the Senate

The Speaker laid before the House House Bill No. 5541, 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 sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2018 PA 605 and section 2 as amended by 2018 PA 669. (The bill was received from the Senate on June 9, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 995.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 230 Yeas—108

Afendoulis Farrington Johnson, S. Rabhi Albert Filler Jones Reilly Alexander Frederick Kahle Rendon Allor Garrett Kennedy Sabo Anthony Garza Koleszar Schroeder Bellino Gay-Dagnogo Kuppa Shannon Berman Glenn LaFave Sheppard Bolden Green 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 Maddock Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Mueller Whiteford Cole Hornberger Neeley, C. Whitsett Coleman Howell O’Malley Wittenberg Crawford Huizenga Pagan Witwer Eisen Iden Paquette Wozniak Elder Inman Peterson Yancey Ellison Johnson, C. Pohutsky Yaroch

Nays—0

In The Chair: Chatfield

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

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The Speaker called Associate Speaker Pro Tempore Hornberger to the Chair. No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1015

Third Reading of Bills

Senate Bill No. 278, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), section 221 as amended by 1998 PA 64 and section 310 as amended by 2018 PA 177. The bill was read a third time. The question being on the passage of the bill,

Rep. O’Malley moved to amend the bill as follows: 1. Amend page 2, line 15, after “(1)” by striking out the balance of the line through “state” on line 17 and inserting “to allow a person with access to the law enforcement information network under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215,”. The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 231 Yeas—108

Afendoulis Farrington Johnson, S. Rabhi Albert Filler Jones Reilly Alexander Frederick Kahle Rendon Allor Garrett Kennedy Sabo Anthony Garza Koleszar Schroeder Bellino Gay-Dagnogo Kuppa Shannon Berman Glenn LaFave Sheppard Bolden Green 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 Maddock Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Mueller Whiteford Cole Hornberger Neeley, C. Whitsett Coleman Howell O’Malley Wittenberg Crawford Huizenga Pagan Witwer Eisen Iden Paquette Wozniak Elder Inman Peterson Yancey Ellison Johnson, C. Pohutsky Yaroch

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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible 1016 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” The House agreed to the full title. Rep. Cole moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 279, entitled A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305), as amended by 2018 PA 606. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 232 Yeas—108

Afendoulis Farrington Johnson, S. Rabhi Albert Filler Jones Reilly Alexander Frederick Kahle Rendon Allor Garrett Kennedy Sabo Anthony Garza Koleszar Schroeder Bellino Gay-Dagnogo Kuppa Shannon Berman Glenn LaFave Sheppard Bolden Green 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 Maddock Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Mueller Whiteford Cole Hornberger Neeley, C. Whitsett Coleman Howell O’Malley Wittenberg Crawford Huizenga Pagan Witwer Eisen Iden Paquette Wozniak Elder Inman Peterson Yancey Ellison Johnson, C. Pohutsky Yaroch

Nays—0

In The Chair: Hornberger No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1017

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties,” The House agreed to the full title. Rep. Cole moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5137, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2016 PA 548. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 233 Yeas—107

Afendoulis Farrington Jones Reilly Albert Filler Kahle Rendon Alexander Frederick Kennedy Sabo Allor Garrett Koleszar Schroeder Anthony Garza Kuppa Shannon Bellino Gay-Dagnogo LaFave Sheppard Berman Glenn LaGrand Slagh Bolden Green Lasinski Sneller Bollin Greig Leutheuser Sowerby Brann Griffin Liberati Stone Brixie Guerra Lightner Tate Byrd Haadsma Lilly VanSingel Calley Hall Love VanWoerkom Cambensy Hammoud Lower Vaupel Camilleri Hauck Maddock Wakeman Carter, B. Hernandez Manoogian Warren Carter, T. Hertel Marino Webber Chatfield Hoadley Meerman Wendzel Cherry Hoitenga Miller Wentworth Chirkun Hood Mueller Whiteford Clemente Hope Neeley, C. Whitsett Cole Hornberger O’Malley Wittenberg Coleman Howell Pagan Witwer Crawford Huizenga Paquette Wozniak Eisen Iden Peterson Yancey Elder Inman Pohutsky Yaroch Ellison Johnson, S. Rabhi

Nays—1

Johnson, C.

In The Chair: Hornberger

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. 1018 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

House Bill No. 5138, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 549. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 234 Yeas—105

Afendoulis Farrington Jones Rabhi Albert Filler Kahle Reilly Alexander Frederick Kennedy Rendon Allor Garza Koleszar Sabo Anthony Gay-Dagnogo Kuppa Schroeder Bellino Glenn LaFave Shannon Berman Green LaGrand Sheppard Bolden Greig Lasinski Slagh Bollin Griffin Leutheuser Sneller Brann Guerra Liberati Sowerby Brixie Haadsma Lightner Stone Byrd Hall Lilly Tate Calley Hammoud Love VanSingel Cambensy Hauck Lower VanWoerkom Camilleri Hernandez Maddock Vaupel Carter, B. Hertel Manoogian Wakeman Carter, T. Hoadley Marino Warren Chatfield Hoitenga Meerman Webber Cherry Hood Miller Wendzel Chirkun Hope Mueller Wentworth Clemente Hornberger Neeley, C. Whiteford Cole Howell O’Malley Whitsett Coleman Huizenga Pagan Wittenberg Crawford Iden Paquette Witwer Eisen Inman Peterson Wozniak Elder Johnson, S. Pohutsky Yaroch Ellison

Nays—3

Garrett Johnson, C. Yancey

In The Chair: Hornberger

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.

House Bill No. 5299, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter XI (MCL 771.1), as amended by 2006 PA 631. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows: No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1019

Roll Call No. 235 Yeas—105

Afendoulis Filler Johnson, S. Reilly Albert Frederick Jones Rendon Alexander Garrett Kahle Sabo Anthony Garza Kennedy Schroeder Bellino Gay-Dagnogo Koleszar Shannon Berman Glenn Kuppa Sheppard Bolden Green LaFave Slagh Bollin Greig LaGrand Sneller Brann Griffin Lasinski Sowerby Brixie Guerra Leutheuser Stone Byrd Haadsma Liberati Tate Calley Hall Lightner VanSingel Cambensy Hammoud Lilly VanWoerkom Camilleri Hauck Love Vaupel Carter, B. Hernandez Lower Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Neeley, C. Whiteford Cole Hornberger O’Malley Whitsett Coleman Howell Pagan Wittenberg Crawford Huizenga Paquette Witwer Eisen Iden Peterson Wozniak Elder Inman Pohutsky Yancey Ellison Johnson, C. Rabhi Yaroch Farrington

Nays—3

Allor Maddock Mueller

In The Chair: Hornberger

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 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter XI (MCL 771.1), as amended by 2019 PA 165. 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.

House Bill No. 5627, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by repealing section 7415 (MCL 333.7415). Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 236 Yeas—105

Afendoulis Filler Johnson, S. Reilly Albert Frederick Jones Rendon 1020 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Alexander Garrett Kahle Sabo Anthony Garza Kennedy Schroeder Bellino Gay-Dagnogo Koleszar Shannon Berman Glenn Kuppa Sheppard Bolden Green LaFave Slagh Bollin Greig LaGrand Sneller Brann Griffin Lasinski Sowerby Brixie Guerra Leutheuser Stone Byrd Haadsma Liberati Tate Calley Hall Lightner VanSingel Cambensy Hammoud Lilly VanWoerkom Camilleri Hauck Love Vaupel Carter, B. Hernandez Lower Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Neeley, C. Whiteford Cole Hornberger O’Malley Whitsett Coleman Howell Pagan Wittenberg Crawford Huizenga Paquette Witwer Eisen Iden Peterson Wozniak Elder Inman Pohutsky Yancey Ellison Johnson, C. Rabhi Yaroch Farrington

Nays—3

Allor Maddock Mueller

In The Chair: Hornberger

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 to reconsider the vote by which the House passed House Bill No. 5137. The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5137, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2016 PA 548. (The bill was passed earlier today, see today’s Journal, p. 1017.) The question being on the passage of the bill, The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 237 Yeas—105

Afendoulis Farrington Jones Rabhi Albert Filler Kahle Reilly Alexander Frederick Kennedy Rendon No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1021

Allor Garza Koleszar Sabo Anthony Gay-Dagnogo Kuppa Schroeder Bellino Glenn LaFave Shannon Berman Green LaGrand Sheppard Bolden Greig Lasinski Slagh Bollin Griffin Leutheuser Sneller Brann Guerra Liberati Sowerby Brixie Haadsma Lightner Stone Byrd Hall Lilly Tate Calley Hammoud Love VanSingel Cambensy Hauck Lower VanWoerkom Camilleri Hernandez Maddock Vaupel Carter, B. Hertel Manoogian Wakeman Carter, T. Hoadley Marino Warren Chatfield Hoitenga Meerman Webber Cherry Hood Miller Wendzel Chirkun Hope Mueller Wentworth Clemente Hornberger Neeley, C. Whiteford Cole Howell O’Malley Whitsett Coleman Huizenga Pagan Wittenberg Crawford Iden Paquette Witwer Eisen Inman Peterson Wozniak Elder Johnson, S. Pohutsky Yaroch Ellison

Nays—3

Garrett Johnson, C. Yancey

In The Chair: Hornberger

House Bill No. 5657, entitled A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending section 5 (MCL 800.285), as amended by 1982 PA 343. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 238 Yeas—104

Afendoulis Ellison Johnson, S. Pohutsky Albert Farrington Jones Rabhi Alexander Filler Kahle Reilly Allor Frederick Kennedy Rendon Anthony Garza Koleszar Sabo Bellino Gay-Dagnogo Kuppa Schroeder Berman Glenn LaFave Shannon Bolden Green LaGrand Sheppard 1022 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

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 Meerman Webber Chirkun Hood Miller Wendzel Clemente Hope Mueller Wentworth Cole Hornberger Neeley, C. Whiteford Coleman Howell O’Malley Wittenberg Crawford Huizenga Pagan Witwer Eisen Iden Paquette Wozniak Elder Inman Peterson Yaroch

Nays—4

Garrett Johnson, C. Whitsett Yancey

In The Chair: Hornberger

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. Cynthia Johnson, 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: The wording of HB5657 is not clear. I don’t want it perceived that I would approve or vote to allow drugs brought into the prisons. I want it clear that this Bill is ONLY changing where the language is transferred.”

House Bill No. 5658, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 29 of chapter VII (MCL 767.29), as amended by 1988 PA 90. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 239 Yeas—108

Afendoulis Farrington Johnson, S. Rabhi Albert Filler Jones Reilly Alexander Frederick Kahle Rendon Allor Garrett Kennedy Sabo Anthony Garza Koleszar Schroeder No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1023

Bellino Gay-Dagnogo Kuppa Shannon Berman Glenn LaFave Sheppard Bolden Green 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 Maddock Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Mueller Whiteford Cole Hornberger Neeley, C. Whitsett Coleman Howell O’Malley Wittenberg Crawford Huizenga Pagan Witwer Eisen Iden Paquette Wozniak Elder Inman Peterson Yancey Ellison Johnson, C. Pohutsky Yaroch

Nays—0

In The Chair: Hornberger

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.

By unanimous consent the House returned to the order of Reports of Standing Committees

The Committee on Ways and Means, by Rep. Iden, Chair, reported House Bill No. 5046, entitled A bill to allow local governments and certain authorities to withhold payment under certain conditions to contractors on an asbestos abatement project; to provide for mandatory contract conditions on certain asbestos abatement projects; to provide for certain disclosures; and to prescribe the powers and duties of certain local officials. 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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Warren, Byrd, Hertel and Bolden Nays: Rep. Meerman

The Committee on Ways and Means, by Rep. Iden, Chair, reported House Bill No. 5047, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 5519 and 5519a. With the recommendation that the substitute (H-2) be adopted and that the bill then pass. The bill and substitute were referred to the order of Second Reading of Bills. 1024 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Favorable Roll Call

To Report Out: Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Warren, Byrd, Hertel and Bolden Nays: Rep. Meerman

The Committee on Ways and Means, by Rep. Iden, Chair, reported House Bill No. 5048, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5519b. 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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Warren, Byrd, Hertel and Bolden Nays: Rep. Meerman

The Committee on Ways and Means, by Rep. Iden, Chair, reported House Bill No. 5049, entitled A bill to prohibit certain public entities from entering into certain contracts with certain entities that remove or abate asbestos; to require certain entities to disclose certain information when bidding on certain contracts with public entities; and to impose certain duties and responsibilities on certain public entities. 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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Warren, Byrd, Hertel and Bolden Nays: Rep. Meerman

The Committee on Ways and Means, by Rep. Iden, Chair, reported House Bill No. 5050, entitled A bill to prohibit certain public entities from entering into certain contracts with certain entities that remove or abate asbestos; to require certain entities to disclose certain information when bidding on certain contracts with public entities; and to impose certain duties and responsibilities on certain public entities. With the recommendation that the substitute (H-3) 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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Warren, Byrd, Hertel and Bolden Nays: Rep. Meerman

The Committee on Ways and Means, by Rep. Iden, Chair, reported House Bill No. 5602, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 28a (MCL 125.1528a), as amended by 2018 PA 332. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills. No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1025

Favorable Roll Call

To Report Out: Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden Nays: None

The Committee on Ways and Means, by Rep. Iden, Chair, reported Senate Bill No. 630, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16111, 16333, 17705, 17706, 17707, 17709, 17722, 17742, 17748, 17767, and 17768 (MCL 333.16111, 333.16333, 333.17705, 333.17706, 333.17707, 333.17709, 333.17722, 333.17742, 333.17748, 333.17767, and 333.17768), section 16111 as amended by 2006 PA 392, section 16333 as amended by 2014 PA 285, section 17705 as amended by 1986 PA 304, section 17706 as amended by 2014 PA 280, sections 17707, 17709, 17722, 17742, 17748, and 17768 as amended by 2020 PA 4, and section 17767 as amended by 1993 PA 79, and by adding sections 17748e and 17748f. 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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden Nays: None

The Committee on Ways and Means, by Rep. Iden, Chair, reported Senate Bill No. 940, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2018 PA 633. 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. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Iden, Chair, of the Committee on Ways and Means, was received and read: Meeting held on: Wednesday, June 10, 2020 Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Meerman, Warren, Byrd, Hertel and Bolden

Second Reading of Bills

Senate Bill No. 940, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2018 PA 633. 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. 1026 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Rep. Cole moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Cole moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of Third Reading of Bills

Senate Bill No. 940, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2018 PA 633. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 240 Yeas—108

Afendoulis Farrington Johnson, S. Rabhi Albert Filler Jones Reilly Alexander Frederick Kahle Rendon Allor Garrett Kennedy Sabo Anthony Garza Koleszar Schroeder Bellino Gay-Dagnogo Kuppa Shannon Berman Glenn LaFave Sheppard Bolden Green 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 Maddock Wakeman Carter, T. Hertel Manoogian Warren Chatfield Hoadley Marino Webber Cherry Hoitenga Meerman Wendzel Chirkun Hood Miller Wentworth Clemente Hope Mueller Whiteford Cole Hornberger Neeley, C. Whitsett Coleman Howell O’Malley Wittenberg Crawford Huizenga Pagan Witwer Eisen Iden Paquette Wozniak Elder Inman Peterson Yancey Ellison Johnson, C. Pohutsky Yaroch

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 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 No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1027

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,” The House agreed to the full title. Rep. Cole moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 248, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16226 and 17754 (MCL 333.16226 and 333.17754), section 16226 as amended by 2018 PA 463 and section 17754 as amended by 2014 PA 525. 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. Cole moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.

Senate Bill No. 254, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333 and 16221 (MCL 333.7333 and 333.16221), section 7333 as amended by 2018 PA 34 and section 16221 as amended by 2018 PA 463. 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. Cole moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.

Senate Bill No. 173, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676d (MCL 257.676d), as added by 2014 PA 303. The bill was read a second time. Rep. Cole moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.

Senate Bill No. 686, entitled A bill to prohibit a state department or agency or a member or office of the senate or house of representatives from taking disciplinary action against certain state employees for communicating with certain individuals in the legislative branch. The bill was read a second time. Rep. Cole moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.

______

Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session. The motion prevailed. 1028 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

By unanimous consent the House returned to the order of Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 9, for her approval of the following bill: Enrolled House Bill No. 5164 at 10:58 a.m.

The Clerk announced that the following bill had been reproduced and made available electronically on Tuesday, June 9: House Bill No. 5841

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, June 10: Senate Bill Nos. 963 964 965

The Clerk announced that the following Senate bill had been received on Wednesday, June 10: Senate Bill No. 942

Reports of Standing Committees

The Committee on Natural Resources and Outdoor Recreation, by Rep. Howell, Chair, referred House Bill No. 5551, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82133 (MCL 324.82133), as added by 1995 PA 58. to the Committee on Judiciary.

Favorable Roll Call

To Refer: Yeas: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky Nays: None The bill was referred to the Committee on Judiciary.

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: Tuesday, June 9, 2020 Present: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby, Cambensy and Pohutsky

The Committee on Education, by Rep. Hornberger, Chair, referred House Bill No. 5482, entitled A bill to provide for certain requirements regarding suicide prevention for schools; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for and prescribe the powers and duties of certain state departments; and to provide for the regulation of certain school employees. to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

Favorable Roll Call

To Refer: Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone Nays: None The bill and substitute were referred to the Committee on Ways and Means. No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1029

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hornberger, Chair, of the Committee on Education, was received and read: Meeting held on: Wednesday, June 10, 2020 Present: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone Absent: Rep. Markkanen Excused: Rep. Markkanen

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Afendoulis, Chair, of the Committee on Tax Policy, was received and read: Meeting held on: Wednesday, June 10, 2020 Present: Reps. Afendoulis, Lower, Vaupel, Webber, Farrington, Steven Johnson, Hall, O’Malley, Schroeder, Yancey, Ellison, Lasinski and Cynthia Neeley Absent: Reps. Wittenberg and Whitsett Excused: Reps. Wittenberg and Whitsett

Messages from the Senate

House Bill No. 5141, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 765 and 765a (MCL 168.765 and 168.765a), section 765 as amended by 2018 PA 603 and section 765a as added by 2018 PA 123, and by adding section 764d. The Senate has substituted (S-5) the bill. The Senate has passed the bill as substituted (S-5), 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. 5195, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 809 (MCL 257.809), as amended by 2019 PA 88. 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 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. 5313, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2019 PA 88. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1), 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. 942, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 205, 233, 609d, and 1014 (MCL 436.1205, 436.1233, 436.1609d, and 436.2014), section 205 as amended by 2015 PA 246, section 609d as added by 2020 PA 26, and section 1014 as added by 2015 PA 47, and by adding sections 537a, 538, and 551. The Senate has passed the bill. The bill was read a first time by its title and referred to the Committee on Regulatory Reform. 1030 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

Messages from the Governor

The following message from the Governor was received June 9, 2020 and read:

EXECUTIVE ORDER

No. 2020-117

Expanding child care access during the COVID-19 pandemic

Rescission of Executive Order 2020-84

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. Those executive orders have been challenged in Michigan House of Representatives and Michigan Senate v Whitmer. On May 21, 2020, the Court of Claims ruled that Executive Order 2020-67 is a valid exercise of authority under the Emergency Powers of the Governor Act but that Executive Order 2020-68 is not a valid exercise of authority under the Emergency Management Act. Both of those rulings are being challenged on appeal. On May 22, 2020, I issued Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. That order constituted a state of emergency declaration under the Emergency Powers of the Governor Act of 1945. And, to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has declined to grant an extension request, that order also constituted a state of emergency and state of disaster declaration under that act. The Emergency Powers of the Governor Act provides a sufficient legal basis for issuing this executive order. In relevant part, it 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). Nevertheless, subject to the ongoing litigation and the possibility that current rulings may be overturned or otherwise altered on appeal, I also invoke the Emergency Management Act as a basis for executive action to combat the spread of COVID-19 and mitigate the effects of this emergency on the people of Michigan, with the intent to preserve the rights and protections provided by the EMA. The EMA 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). This executive order falls within the scope of those powers and duties, and to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has not granted an extension request, they too provide a sufficient legal basis for this order. To respond effectively to the urgent and steep demands created by this pandemic, providers of health care, emergency medical services, law enforcement, and other essential services require child care services for their children, particularly when schools and summer camps are closed. Meeting this critical need requires No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1031

swiftly but safely expanding access to child care services. To that end, I issued Executive Order 2020-84 because it was reasonable and necessary to provide temporary and limited relief from certain regulatory restrictions regarding child care services, and to facilitate the use of certain property for those services. This order extends policies of Executive Order 2020-84 for an additional 28 days, 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 by expanding access to child care services. With this order, Executive Order 2020-84 is rescinded. Acting under the Michigan Constitution of 1963 and Michigan law, I order the following: 1. Strict compliance with section 7a of the Child Care Organizations Act, 1973 PA 116, as amended, MCL 722.117a, is suspended as follows: (a) A provisional license may be issued without submission to the Department of Licensing and Regulatory Affairs (“LARA”) of an acceptable plan to overcome the deficiency present in the child care organization within the time limitations of the provisional licensing period. (b) A provisional license may be issued with an expiration date no earlier than one month after the date of issuance and no later than six months after the date of issuance, and may be renewed at the discretion of LARA until the end of the declared states of emergency and disaster. 2. Strict compliance with subsection (2) of section 5m of the Child Care Organizations Act, 1973 PA 116, as amended, MCL 722.115m(2), is suspended, as follows: (a) An employer may establish and maintain a disaster relief child care center without a license from LARA. (b) A school district or a nonpublic school may establish and maintain a disaster relief child care center in a school building without a license from LARA. 3. LARA must issue rules and/or orders governing disaster relief child care centers. (a) A disaster relief child care center must comply with the requirements imposed by any LARA rules and orders governing disaster relief child care centers. (b) Such rules and/or orders must, at a minimum, require that disaster relief child care centers follow the safe sleep guidelines, including appropriate sleeping equipment for children under 12 months of age; follow applicable guidelines for diapering, handwashing, and sanitizing; provide porta-cribs, cots, or mats for children older than twelve months to sleep or rest; and solicit information about, and communicate with parents and guardians regarding, a child’s medicine, allergies, including food allergies; and other special needs. 4. Disaster relief child care centers may operate in any school facilities operated by a school district or nonpublic school that are closed and are approved for student use. Early childhood staff, student teachers, teachers, and individuals who provide before and after care may provide child care in these settings. The Michigan Department of Education (“MDE”) is authorized to credit the hours that student teachers work toward teacher preparation graduation requirements and MDE licensure requirements. 5. Rule 400.8110(5) of the Michigan Administrative Code is suspended for disaster relief child care centers. Notice of any change in capacity and age groups must be provided to LARA. 6. Insofar as section 11 of the Emergency Management Act, MCL 30.411, remains in effect, a disaster relief child care center operated by a school district in accordance with section 2(b) of this order, including its employees, is designated as a disaster relief force under subsection (f) of section 2 of the Emergency Management Act, 1976 PA 390, as amended (“EMA”), MCL 30.402(f), and is entitled to the immunities set forth in subsections (1) through (3) of section 11 of the EMA, MCL 30.411(1)-(3). 7. Disaster relief child care centers operated by school districts constitute a pilot program under the Public Employment Relations Act, 1947 PA 336, MCL 423.201 et seq., and they have authority to charge for reasonable and customary services. 8. School districts and nonpublic schools should first identify employees who voluntarily elect to become a disaster relief child care center participant before reassigning other employees to work in these centers, to the extent authorized under applicable contracts and laws. School districts and nonpublic schools may not require an employee to work in a disaster relief child care center if the employee: has a confirmed diagnosis of COVID-19; is displaying the symptoms of COVID-19; is 60 years or older; has an underlying condition that places the employee at an elevated risk of serious illness from COVID-19; or has been in contact with someone with a confirmed diagnosis of COVID-19 in the last 14 days. 9. A disaster relief child care center must perform a health evaluation of all individuals who enter the center each time the individual seeks to enter the center, and must deny entry to those individuals who do not meet the evaluation criteria. The evaluation criteria must include: symptoms of a respiratory infection, such as fever, cough, or shortness of breath; and contact in the last 14 days with someone with a confirmed diagnosis of COVID-19. 1032 JOURNAL OF THE HOUSE [June 10, 2020] [No. 52

10. For purposes of this order: (a) “Disaster relief child care center” means a child center offering child care pursuant to this order. A disaster relief child care center must give priority for its services to the essential workforce, but may also provide child care services to the general public as space and governing rules and/or orders permit. (b) “Essential workforce” includes health care workers, home health workers, direct care workers, emergency medical service providers, first responders, law enforcement personnel, sanitation workers, child care workers (including any employees acting as child care workers in disaster relief child care centers), personnel providing correctional services, postal workers, public health employees, key government employees, court personnel, and others providing critical infrastructure to Michiganders, including any individuals performing (remotely or in person) critical infrastructure work, necessary government activities, or minimum basic operations under Executive Order 2020-42 or any order that may follow from it. (c) “Critical infrastructure” includes utilities, manufacturing, mass transit, and groceries or other essential supplies, goods, or equipment. (d) “Key government employees” includes child protective services workers, child welfare workers, foster care workers including those from contracted agencies, recipient rights workers, employees of the Executive Office of the governor, cabinet officers and their designees, Department of Health and Human Services field office staff, Unemployment Insurance Agency employees, and other employees identified by the Department of Technology, Management, and Budget. 11. Nothing in this order shall be construed to diminish or relax in any way the restrictions and requirements imposed by Executive Order 2020-115 or any order that may follow from it. 12. This order is effective immediately and continues through July 7, 2020. 13. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor. 14. Executive Order 2020-84 is rescinded. Given under my hand and the Great Seal of the State of Michigan. Date: June 9, 2020 Time: 8:15 pm [SEAL] GRETCHEN WHITMER GOVERNOR By the Governor: JOCELYN BENSON SECRETARY OF STATE The message was referred to the Clerk.

Introduction of Bills

Rep. Albert introduced House Bill No. 5842, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 59 and 84b (MCL 38.1359 and 38.1384b), section 59 as amended by 2012 PA 359 and section 84b as amended by 2018 PA 169. The bill was read a first time by its title and referred to the Committee on Appropriations.

Rep. Glenn introduced House Bill No. 5843, entitled A bill to make, supplement, and adjust appropriations 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.

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Rep. Tate moved that the House adjourn. The motion prevailed, the time being 4:10 p.m. No. 52] [June 10, 2020] JOURNAL OF THE HOUSE 1033

Associate Speaker Pro Tempore Hornberger declared the House adjourned until Thursday, June 11, at 12:00 Noon.

GARY L. RANDALL Clerk of the House of Representatives

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