STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Thursday, February 25, 2021.
12:00 Noon.
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.
Aiyash—present Damoose—present LaFave—present Roth—present
Albert—present Eisen—present LaGrand—present Sabo—present
Alexander—present Ellison—present Lasinski—present Schroeder—present
Allor—present Farrington—present Liberati—present Scott—present
Anthony—present Filler—present Lightner—present Shannon—present
Beeler—present Fink—present Lilly—present Slagh—present
Bellino—present Frederick—present Maddock—present Sneller—present
Berman—present Garza—present Manoogian—present Sowerby—present
Beson—present Glenn—present Marino—present Steckloff—present
Bezotte—present Green—present Markkanen—present Steenland—present
Bolden—present Griffin—present Martin—present Stone—present
Bollin—present Haadsma—present Meerman—present Tate—present
Borton—present Hall—present Morse—present Thanedar—present
Brabec—present Hammoud—present Mueller—present Tisdel—present
Brann—present Hauck—present Neeley—present VanSingel—present
Breen—present Hertel—present O’Malley—present VanWoerkom—present
Brixie—present Hoitenga—present O’Neal—present Wakeman—present
Calley—present Hood—present Outman—present Weiss—present
Cambensy—present Hope—present Paquette—present Wendzel—present
Camilleri—present Hornberger—present Peterson—present Wentworth—present
Carra—present Howell—present Pohutsky—present Whiteford—present
Carter, B—present Huizenga—present Posthumus—present Whitsett—present
Carter, T—present Johnson, C—present Puri—present Witwer—present
Cavanagh—present Johnson, S—present Rabhi—present Wozniak—present
Cherry—present Jones—present Reilly—present Yancey—present
Clemente—excused Kahle—present Rendon—present Yaroch—present
Clements—present Koleszar—present Rogers—present Young—present
Coleman—present Kuppa—present
e/d/s = entered during session
Rep. Ryan Berman, from the 39th District, offered the following invocation:
“Tonight at sundown marks the beginning of the Jewish holiday Purim. I always thought it was a good story with a nice message, as it provides some very valuable lessons. The story of Purim celebrates the bravery and influence of Esther, a young Jewish orphan who had been raised by her cousin Mordecai. They lived in the land of Persia under the reign of King Achashverosh, in the 4th century BC. The king ended up meeting, falling in love, and choosing Esther to be his queen. He did not know that Esther was Jewish, and she did not tell him, because Mordecai had warned her not to. Esther moved into the palace to live with the King when she heard the royal advisor Haman discussing a plan to kill all the Jews in the kingdom because he believed they were different and inferior. Not knowing what to do, Esther asked the advice of her cousin Mordecai. He told her to try to use her influence with the king to thwart Haman’s evil plan and save her people. Rightfully nervous that the king would banish or even kill her if he found out her true identity, Esther still revealed to the king and Haman that she was Jewish, and that if he adopted Haman’s plan, it would exterminate her people along with herself. The king was enraged and ordered that Haman be put to death instead. Esther’s bravery, courage, and influence saved her people, and her story has been told for centuries.
We all come from different backgrounds, now we are all are here together for a purpose. All 110 of us were elected to this chamber with the responsibility of representing the people in our districts. We find ourselves in a position of influence that can change people’s lives. Like Esther, we must do the right thing and stand up and speak up to be the voice for the people in our communities. We should not worry about political ramifications or personal consequences, even if that may be more beneficial to us. This 101st Legislature was elected to represent our constituents, and the story of Purim teaches us the importance of doing just that. Let us pray that we have the courage, bravery, and fortitude to stand up and speak up for all of the people of the state of Michigan.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Rabhi moved that Rep. Clemente be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Rep. Hauck offered the following resolution:
House Resolution No. 42.
A resolution to oppose the unchecked proliferation of off-reservation gaming in the state of Michigan and to urge the Governor to oppose any off-reservation effort that is not in complete conformance with Indian gaming compacts as approved by the tribes, the state of Michigan, and the United States Department of the Interior.
Whereas, Twelve federally recognized Indian Tribes in the state of Michigan conduct gaming pursuant to the Indian Gaming Regulatory Act (IGRA) and an approved gaming compact between each tribe and the state; and
Whereas, IGRA provides that tribes may only conduct Class III gaming as provided under a gaming compact negotiated between the tribe and the state and approved by the United States Department of the Interior; and
Whereas, Class III gaming under IGRA includes, but is not limited to, slot machines; and
Whereas, All gaming compacts between the tribes and the state of Michigan expressly limit tribal Class III gaming to the tribes’ reservation and/or on eligible lands on or near the tribes’ reservation as specifically described in the gaming compact; and
Whereas, In recent years,
there has been an increase in the number of tribes pursuing off-reservation
Class III gaming that does not comply with the requirements of the tribes’
gaming compacts as approved by the tribe, the state of Michigan, and the United
States Department of the Interior; and
Whereas, Many of these off–reservation gaming proposals and schemes are made and pursued by tribes with successful on-reservation gaming operations but seek to establish additional casinos on lands outside their reservation or eligible lands and within the aboriginal lands of other tribes. This process, known as “reservation shopping”, is highly controversial and is opposed by much of Indian Country; and
Whereas, In 2004, Michigan voters overwhelmingly approved an amendment to the Michigan Constitution to limit the expansion of casino gambling similar to limits placed in tribal gaming compacts and to require any expansion of non-Indian gaming to be approved by a statewide and local vote; and
Whereas, Any approval of off-reservation gaming proposals that do not fully conform to the limitations provided by the approved gaming compacts will undermine and invalidate the will of the voters in limiting gaming in the state of Michigan; and
Whereas, Off-reservation casinos in the Detroit area would have a devastating negative impact on the finances of the city of Detroit; and
Whereas, The gaming compacts between the tribes and the state are the law in the state of Michigan and should be followed and enforced; and
Whereas, The Governor does not have the authority to unilaterally waive a provision of a tribal gaming compact without the approval of the Michigan Legislature unless such authority is expressly provided to the Governor by the gaming compact; now, therefore, be it
Resolved by the House of Representatives, That we oppose off-reservation gaming that does not conform to the express requirements of the Indian gaming compacts as approved by the tribes, the state of Michigan, and the United States Department of the Interior; and be it further
Resolved, That we urge the Governor to deny and take all legal action necessary to defeat any request or attempt by a tribe to establish an off-reservation casino unless all requirements and conditions for such casino have been met, as required in the gaming compacts as negotiated and approved with the state of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the Governor.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
House Bill No. 4247, entitled
A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending sections 2 and 3 (MCL 390.1242 and 390.1243), section 2 as amended by 2016 PA 295 and section 3 as amended by 2012 PA 470.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 15 Yeas—109
Aiyash Eisen LaFave Roth
Albert Ellison LaGrand Sabo
Alexander Farrington Lasinski Schroeder
Allor Filler Liberati Scott
Anthony Fink Lightner Shannon
Beeler Frederick Lilly Slagh
Bellino Garza Maddock Sneller
Berman Glenn Manoogian Sowerby
Beson Green Marino Steckloff
Bezotte Griffin Markkanen Steenland
Bolden Haadsma Martin Stone
Bollin Hall Meerman Tate
Borton Hammoud Morse Thanedar
Brabec Hauck Mueller Tisdel
Brann Hertel Neeley VanSingel
Breen Hoitenga O’Malley VanWoerkom
Brixie Hood O’Neal Wakeman
Calley Hope Outman Weiss
Cambensy Hornberger Paquette Wendzel
Camilleri Howell Peterson Wentworth
Carra Huizenga Pohutsky Whiteford
Carter, B Johnson, C Posthumus Whitsett
Carter, T Johnson, S Puri Witwer
Cavanagh Jones Rabhi Wozniak
Cherry Kahle Reilly Yancey
Clements Koleszar Rendon Yaroch
Coleman Kuppa Rogers Young
Damoose
Nays—0
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4043, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 151 (MCL 330.1151), as added by 2018 PA 658.
The bill was read a second time.
Rep. Whiteford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4044, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 165 (MCL 330.1165), as added by 2020 PA 12.
The bill was read a second time.
Rep. Whiteford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4067, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16605 and 16608 (MCL 333.16605 and 333.16608), section 16605 as amended by 2018 PA 463 and section 16608 as amended by 2002 PA 643.
The bill was read a second time.
Rep. Frederick moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.
The motion
prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 24:
House Bill Nos. 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 4335 4336 4337 4338 4339 4340 4341 4342 4343 4344 4345 4347 4348 4349 4350 4351 4352 4353 4354 4355 4356 4357 4358 4359
Reports of Standing Committees
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4224, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4gg.
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. Lilly, Clements, Calley, Schroeder, Wendzel, Damoose, Posthumus, Anthony, Hertel, Sneller and Kuppa
Nays: None
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4225, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4gg.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lilly, Clements, Calley, Schroeder, Wendzel, Damoose, Posthumus, Anthony, Hertel, Sneller and Kuppa
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lilly, Chair, of the Committee on Rules and Competitiveness, was received and read:
Meeting held on: Thursday, February 25, 2021
Present: Reps. Lilly, Clements, Calley, Schroeder, Wendzel, Damoose, Posthumus, Anthony, Hertel, Sneller and Kuppa
The Committee on Government Operations, by Rep. Mueller, Chair, reported
House Bill No. 4061, entitled
A bill to amend 2016 PA 235, entitled “Public threat alert system act,” by amending sections 2 and 3 (MCL 28.672 and 28.673).
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. Mueller, VanWoerkom and Hauck
Nays: Reps. Cherry and Rabhi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mueller, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Thursday, February 25, 2021
Present: Reps. Mueller, VanWoerkom, Hauck, Cherry and Rabhi
The Committee on Workforce, Trades, and Talent, by Rep. Griffin, Chair, reported
House Bill No. 4040, entitled
A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2016 PA 146.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Griffin, Martin, Howell, Farrington, Eisen, Markkanen, Sabo, Hope and O’Neal
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Griffin, Chair, of the Committee on Workforce, Trades, and Talent, was received and read:
Meeting held on: Thursday, February 25, 2021
Present: Reps. Griffin, Martin, Howell, Farrington, Eisen, Markkanen, Sabo, Hope and O’Neal
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bellino, Chair, of the Committee on Energy, was received and read:
Meeting held on: Wednesday, February 24, 2021
Present: Reps. Bellino, Markkanen, Hoitenga, Reilly, Berman, Paquette, Schroeder, Martin, Outman, Roth, Manoogian, Sneller, Cherry, Haadsma, Morse, Puri and Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Natural Resources and Outdoor Recreation, was received and read:
Meeting held on: Thursday, February 25, 2021
Present: Reps. Howell, Markkanen, LaFave, Marino, Eisen, Wakeman, Sowerby, Cambensy and Aiyash
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Steven Johnson, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Thursday, February 25, 2021
Present: Reps. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley,
Wozniak, Brixie, LaGrand and Young
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kahle, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, February 25, 2021
Present: Reps. Kahle, Meerman, Whiteford, Alexander, Allor, Hauck, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Pohutsky, Stone, Whitsett, Neeley and Morse
Absent: Rep. Clemente
Excused: Rep. Clemente
Introduction of Bills
Reps. Hope, Kuppa, Cynthia Johnson, Brenda Carter, Sowerby, Bolden, Stone, Weiss, Steckloff, Hood, Haadsma, Pohutsky, Young, Brixie, Sabo, Rogers, O’Neal, Cavanagh, Garza, Brabec and Tyrone Carter introduced
House Bill No. 4360, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 484a and 956a.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
House Bill No. 4361, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 759e.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
House Bill No. 4362, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 661, 759, 759a, 761, 764a, 765, 765a, 765b, 766, and 767 (MCL 168.661, 168.759, 168.759a, 168.761, 168.764a, 168.765, 168.765a, 168.765b, 168.766, and 168.767), section 661 as amended by 2012 PA 270, sections 759 and 761 as amended by 2020 PA 302, section 759a as amended by 2012 PA 523, sections 764a, 765, 765a, and 765b as amended by 2020 PA 177, section 766 as amended by 2018 PA 120, and section 767 as amended by 2005 PA 71, and by adding sections 759e, 764e, 766a, and 766b; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Reps. Howell, Cambensy, Wozniak, Rendon and Bellino introduced
House Bill No. 4363, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2104, 2132, and 2165 (MCL 324.2104, 324.2132, and 324.2165), sections 2104 and 2132 as amended by 2018 PA 238 and section 2165 as added by 2018 PA 240.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Lilly and Sneller introduced
House Bill No. 4364, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), as amended by 2020 PA 93.
The
bill was read a first time by its title and referred to the Committee on
Transportation.
Reps. Sneller and Lilly introduced
House Bill No. 4365, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2020 PA 92.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Lilly and Sneller introduced
House Bill No. 4366, 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 2020 PA 94.
The bill was read a first time by its title and referred to the Committee on Transportation.
House Bill No. 4367, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3 and 26 (MCL 169.203 and 169.226), section 3 as amended by 2017 PA 119 and section 26 as amended by 2019 PA 93.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
House Bill No. 4368, entitled
A bill to establish a financial aid program for certain individuals working as educational paraprofessionals in K-12 education programs who seek postsecondary degrees in teaching-related fields; to provide for the administration of the financial aid program; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The bill was read a first time by its title and referred to the Committee on Workforce, Trades, and Talent.
House Bill No. 4369, entitled
A bill to establish a fund for a financial aid program for certain individuals working as educational paraprofessionals in K-12 education programs who seek postsecondary degrees in teaching-related fields; to provide for administration of the fund; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The bill was read a first time by its title and referred to the Committee on Workforce, Trades, and Talent.
House Bill No. 4370, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2020 PA 253.
The
bill was read a first time by its title and referred to the Committee on Local
Government and Municipal Finance.
House Bill No. 4371, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3a (MCL 15.263a), as amended by 2020 PA 254.
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
Reps. Damoose, Meerman, O’Malley, Bezotte, Beeler, Fink, Outman, Maddock, Carra and Roth introduced
House Bill No. 4372, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 279 and 679.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Tate, Hood, Pohutsky, Manoogian, O’Neal, Aiyash, Stone, Sowerby and Cavanagh introduced
House Bill No. 4373, entitled
A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022; to provide anticipated appropriations for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; 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.
Reps. Tate, Tyrone Carter, Steenland, Neeley, Cavanagh and O’Neal introduced
House Bill No. 4374, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 241 and 261 (MCL 18.1241 and 18.1261), section 241 as amended by 2012 PA 430 and section 261 as amended by 2020 PA 174.
The bill was read a first time by its title and referred to the Committee on Commerce and Tourism.
Reps. Steven Johnson and Meerman introduced
House Bill No. 4375, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2018 PA 482.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Schroeder, Anthony, Martin, Bezotte, Howell and Pohutsky introduced
House Bill No. 4376, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 4 (MCL 338.2204), as added by 2014 PA 127.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Anthony, Schroeder, Martin, Bezotte, Howell, Maddock, Pohutsky and Yaroch introduced
House Bill No. 4377, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending sections 103, 105, 107, 219, and 417 (MCL 339.5103, 339.5105, 339.5107, 339.5219, and 339.5417), and by adding section 223.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Announcements by the Clerk
February 23, 2020
Received from the Auditor General a copy of the:
·
Report on Internal Control, Compliance, and Other Matters of the
Michigan Strategic Fund (A Discretely Presented Component Unit of the
State of Michigan), Fiscal Year Ended September 30, 2020 (186-0401-21).
· Report on Internal Control, Compliance, and Other Matters of the Michigan Economic Development Corporation (A Discretely Presented Component Unit of the State of Michigan), Fiscal Year Ended September 30, 2020 (186-0406-21).
Gary L. Randall
Clerk of the House
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Rep. Tate moved that the House adjourn.
The motion prevailed, the time being 12:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 2, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives