STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Wednesday, March 17, 2021.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
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—excused Puri—present Witwer—present
Cavanagh—present Johnson, S—present Rabhi—present Wozniak—present
Cherry—present Jones—present Reilly—present Yancey—present
Clemente—present 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. John D. Cherry, from the 49th District, offered the following invocation:
“We are in the observance of Lent, a time for self-reflection, repentance, and resolution to improve ourselves. We are also celebrating St. Patrick’s Day. Let us take a moment to reflect.
Lord we remember Your words when You were asked, ‘Who is my neighbor?’ and You told of the Samaritan who had compassion. As You had compassion for the leper and healed the sick, let us have compassion for each other and heal one another.
Lord we remember Your words that You desire mercy not sacrifice. As You showed mercy to the penitent thief, so let us show mercy to each other.
Lord we remember Your words that those who are exalted will be humbled and those who are humbled will be exalted. As You showed humility by washing the feet of beggars and of Your disciples, so let us show humility in our service to each other and the people of Michigan.
Lord we remember Your words that the two greatest commandments are to love God and each other. As You showed love to those that others deemed unworthy, so let us show love to each other.
Lord we remember Your words of hope that the kingdom is as a mustard seed, one of the smallest on earth, but that grows so that birds can perch in the shade. As You gave hope to all the world through Your death and resurrection, let us give hope to each other.
Lord, on this day let us remember the life of Your servant Patrick. A man who was born to wealth and privilege and did not find his purpose serving Your will until he lived in slavery for six years. Let us remember his great life task in which he returned to those who enslaved him and delivered Your word with humility, love, and compassion.
Lord fill our hearts with the love that is needed to serve and heal our state and each other. Amen.”
______
The Speaker assumed the Chair.
______
Rep. Rabhi moved that Rep. Cynthia Johnson be excused from today’s session.
The motion prevailed.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 54.
A resolution of tribute offered as a memorial for Wilbur V. Brotherton, former member of the Michigan House of Representatives.
Whereas, It is with great sorrow that the members of the House of Representatives learned about the passing of Wilbur V. “Sandy” Brotherton. He will be remembered as a dedicated public servant and champion for the residents of Oakland County and all of Michigan; and
Whereas, Wilbur Brotherton was born and educated in Chicago. While attending Northwestern University, he was drafted into the Army Air Corps, serving as a First Lieutenant during World War II in the European Theatre. As a navigator in the war, he was awarded the Distinguished Flying Cross, Air Medal with three Oak Clusters, and a Presidential Citation; and
Whereas, After the war, he was employed as an executive for the former Packard and Chrysler corporations. His public service career included 14 years on the Farmington City Council and 7 years as the mayor of Farmington. He also served as an Oakland County commissioner for 2 years; and
Whereas, In 1974, Wilbur
Brotherton was elected to his first of 7 terms with the House of
Representatives. He represented the Sixty-fourth District and later the
Sixty-ninth District, both encompassing part of Oakland County.
Representative Brotherton brought his local government, business, and military
experience to Lansing, serving on the City Government, Civil Rights, Economic
Development and Energy, Military and Veterans’ Affairs, Public Health, Public
Utilities, Taxation, Tourism and Recreation, and Urban Affairs committees. He
introduced numerous bills addressing health care, crime, and economic
development, among other issues; and
Whereas, Wilbur Brotherton worked hard for his constituents and community and was admired by his family, friends, and colleagues. Upon his passing, we offer our condolences to his loved ones. Wilbur Brotherton’s contributions to this chamber and our state will be remembered; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Wilbur V. Brotherton, a member of the House of Representatives from 1975 to 1988; and be it further
Resolved, That copies of this resolution be transmitted to the Brotherton family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
Reps. Fink, Steven Johnson, Damoose, LaFave, Filler, Green, Huizenga, Outman, Maddock, Beeler, Carra, Markkanen, Meerman, Brann and Yaroch offered the following resolution:
House Resolution No. 55.
A resolution to firmly affirm support for the preservation of the Second Amendment and to express the sense of the House of Representatives regarding federal laws that infringe on the right to bear arms.
Whereas, The Michigan House of Representatives is firmly resolved to support and defend the Constitution of the United States; and
Whereas, Acting through the Constitution of the United States, the people of the United States created the federal government to be their agent in the exercise of defined powers, while reserving to the state governments the power to legislate on matters which concern the lives, liberties, and properties of citizens in the ordinary course of affairs; and
Whereas, The Ninth Amendment to the Constitution of the United States recognizes that the rights enumerated in the Constitution of the United States are not exclusive, as the people possess other natural rights which predate any codification; and
Whereas, The limitation of the federal government’s power is expressed in the Tenth Amendment to the Constitution of the United States, which declares that all powers not delegated to the United States in the Constitution of the United States are reserved to the states respectively, or to the people themselves; and
Whereas, Federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Michigan exceed the powers granted to the federal government, except to the extent that they are necessary and proper for the government and regulation of the land and naval forces of the United States or for organizing, arming, and disciplining militia forces actively employed in the service of the United States Armed Forces; and
Whereas, Article I, Section 8 of the Constitution of the United States provides the federal government with the power to regulate interstate commerce, but does not grant the United States general police powers or any authority to adopt legislation which infringes on the rights guaranteed in the Second Amendment; and
Whereas, Neither can the federal government’s power to tax be legitimately used in order to diminish in any way the people’s right to keep and bear arms; and
Whereas, The people of Michigan have vested the Michigan Legislature with the authority to regulate the manufacture, possession, exchange, and use of firearms within this state’s borders, subject only to the limits imposed by the Constitution of the United States and the Constitution of the State of Michigan of 1963; now, therefore be it
Resolved by the House of Representatives, That we affirm our support for the preservation of the civil rights protected by the Constitution of the United States, including those safeguarded by the Second Amendment; and be it further
Resolved, That we express the sense of the House of Representatives that all federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the Constitution of the United States are a violation of the civil rights of the people of this state, and should be repealed as inconsistent with the Constitution of the United States and deemed unenforceable in any court proceeding; and be it further
Resolved, That such federal
acts, laws, orders, rules, and regulations include, but are not limited to,
provisions of the federal National Firearms Act of 1934; the federal Gun
Control Act of 1968; any tax, levy, fee, or stamp imposed on firearms, firearm
accessories, or ammunition not common to all other goods which impose undue
burdens on the purchase or ownership of those items by law-abiding citizens;
any registering or tracking of firearms, firearm accessories, or ammunition
which could suppress the purchase or ownership of those items by law-abiding
citizens; any registering or tracking of the owners of firearms, firearm
accessories, or ammunition which could discourage the purchase or ownership of
those items by law-abiding citizens; any act forbidding the possession,
ownership, or use or transfer of any type of firearm, firearm accessory, or
ammunition by law-abiding citizens; or any act ordering the confiscation of
firearms, firearm accessories, or ammunition from law-abiding citizens; and be
it further
Resolved, That we express the sense of the House of Representatives that it is the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state from infringements on the right to bear arms.
The resolution was referred to the Committee on Military, Veterans and Homeland Security.
Messages from the Senate
Senate Concurrent Resolution No. 9.
A concurrent resolution of tribute offered as a memorial for Frank J. Kelley, former Attorney General of Michigan.
Whereas, The members of the Michigan Legislature were saddened to learn of the passing of Frank J. Kelley. The consummate public servant, he spent nearly four decades fighting for the interests of the people and setting a new standard for leadership within the role of the attorney general in Michigan and across the country; and
Whereas, A native of Detroit, Frank Kelley was the first in his family to graduate from college. In 1951, he earned his law degree from the University of Detroit, and not long after, made the decision to move his family and start a law practice in Alpena. Four years after his arrival, the city council approached him to serve as city attorney, a role in which he would serve until Governor John Swainson appointed him to fill the vacant state attorney general position in December 1961. A crusader for the public interest, Frank Kelley was returned to office 10 times over the ensuing decades by the people of Michigan, making him the longest-serving attorney general in state history; and
Whereas, Frank J. Kelley’s long years of service only begin to communicate the overwhelming accomplishments of his public career. He re-shaped and re-defined the role of the attorney general as not only the attorney for the state of Michigan, but as the attorney of the people. He was the first attorney general in the nation to dedicate divisions within his office to consumer protection, the environment, and criminal fraud, and he assembled a talented team of attorneys to fill these divisions. A man of deep faith, he fought for social justice, corporate accountability, and a safer environment. He worked with the Legislature on the passage of the Open Meetings Act and the Freedom of Information Act to ensure state government was open and transparent to the people. At the same time, he ably represented the Legislature and five governors from across the political spectrum, earning their trust and respect. The vast body of his work earned him honors and accolades throughout his tenure; and
Whereas, Frank J. Kelley would remain a presence in the state capital for more than a decade after leaving public service. He co-founded the Kelley Cawthorne lobbying firm, now one of the largest in Lansing, using his experience and insight to ensure his clients’ voices were heard by the state’s decision-makers. In 2015, he finally slowed down enough to enjoy quietly the last years of his life; and
Whereas, Frank J. Kelley’s legacy lives on with the people he touched and with the people he mentored. With wit and wisdom and integrity, he raised three children and guided and advised the next generation of Michigan political leaders. His stories, his counsel, and his passion for public service will continue in all these lives. He will long be remembered; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Frank J. Kelley, attorney general from 1961 to 1998; and be it further
Resolved, That copies of this resolution be transmitted to the Kelley family as evidence of our lasting esteem for his memory.
The Senate has adopted the concurrent resolution..
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted by unanimous standing vote.
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The Speaker called Associate Speaker Pro Tempore Paquette to the Chair.
Second Reading of Bills
Senate Bill No. 100, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 13a (MCL 722.123a), as added by 2020 PA 8.
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.
House Bill No. 4383, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2.
The bill was read a second time.
Rep. Berman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4384, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 26, 27, 28, and 29.
The bill was read a second time.
Rep. Tisdel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4385, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 29a and 29b.
The bill was read a second time.
Rep. Glenn moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4386, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1, 2, 3, 4, 5, 6, 10, 10a, and 10b (MCL 15.231, 15.232, 15.233, 15.234, 15.235, 15.236, 15.240, 15.240a, and 15.240b), section 1 as amended by 1997 PA 6, section 2 as amended by 2018 PA 68, section 3 as amended by 2018 PA 523, section 4 as amended by 2020 PA 38, section 5 as amended by 2020 PA 36, section 6 as amended by 1996 PA 553, and section 10 as amended and sections 10a and 10b as added by 2014 PA 563, and by designating sections 1 to 16 as part 1.
The bill was read a second time.
Rep. Tyrone Carter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4387, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 24.
The bill was read a second time.
Rep. Posthumus moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4388, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 25.
The bill was read a second time.
Rep. Outman moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 29e and 29f.
The bill was read a second time.
Rep. Haadsma moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4390, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241.
The bill was read a second time.
Rep. Camilleri moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4391, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 29c and 29d.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LaFave moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4392, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2018 PA 68.
The bill was read a second time.
Rep. Bollin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Albert, Chair, reported
House Bill No. 4469, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2021; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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. Albert, Whiteford, Allor, Brann, Hornberger, VanSingel, Yaroch, Bollin, Glenn, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Beson, Borton, Fink, Tate, Hammoud, Peterson, Sabo, Tyrone Carter, Hood, Brabec, O’Neal, Steckloff, Thanedar and Weiss
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Albert, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, March 17, 2021
Present: Reps. Albert, Whiteford, Allor, Brann, Hornberger, VanSingel,
Yaroch, Bollin, Glenn, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Beson,
Borton, Fink, Tate, Hammoud, Peterson, Sabo, Tyrone Carter, Hood, Cynthia
Johnson, Brabec, O’Neal, Steckloff, Thanedar and Weiss
House Bill No. 4469, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2021; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
The bill was read a second time.
Rep. Allor moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 29, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 21f, 31n, and 167 (MCL 388.1611, 388.1621f, 388.1631n, and 388.1767), sections 11 and 31n as amended by 2020 PA 165, section 21f as amended by 2020 PA 147, and section 167 as amended by 2013 PA 122, and by adding sections 11n, 11o, 11r, 23b, 23c, 23d, and 104a.
The Senate has substituted (S-5) the House substitute (H-1).
The Senate has concurred in the House substitute (H-1) as substituted (S-5) and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 11n, 31d, and 31f (MCL 388.1611, 388.1611n, 388.1631d, and 388.1631f), section 11 as amended and section 11n as added by 2021 PA 3 and sections 31d and 31f as amended by 2020 PA 165, and by adding sections 11o and 23d.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Frederick moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Weiss moved to substitute (H-2) the Senate substitute (S-5) to the House substitute (H-1).
Roll Call No. 48 Yeas—60
Albert Damoose Johnson, S Reilly
Alexander Eisen Kahle Rendon
Allor Farrington LaFave Roth
Beeler Filler Lightner Schroeder
Bellino Fink Lilly Slagh
Berman Frederick Maddock Tisdel
Beson Glenn Marino VanSingel
Bezotte Green Markkanen VanWoerkom
Bollin Griffin Martin Wakeman
Borton Hall Meerman Wendzel
Brann Hauck Mueller Wentworth
Calley Hoitenga O’Malley Whiteford
Cambensy Hornberger Outman Whitsett
Carra Howell Paquette Wozniak
Clements Huizenga Posthumus Yaroch
Nays—49
Aiyash Ellison Liberati Shannon
Anthony Garza Manoogian Sneller
Bolden Haadsma Morse Sowerby
Brabec Hammoud Neeley Steckloff
Breen Hertel O’Neal Steenland
Brixie Hood Peterson Stone
Camilleri Hope Pohutsky Tate
Carter, B Jones Puri Thanedar
Carter, T Koleszar Rabhi Weiss
Cavanagh Kuppa Rogers Witwer
Cherry LaGrand Sabo Yancey
Clemente Lasinski Scott Young
Coleman
In The Chair: Paquette
The House agreed to the title as amended.
Senate Bill No. 114, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-3) the House substitute (H-1).
The Senate has concurred in the House substitute (H-1) as substituted (S-3) and amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2020 and September 30, 2021; and to provide for the expenditure of the appropriations.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Frederick moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Tate moved to amend the Senate substitute (S-3) to the House substitute (H-1) as follows:
1. Amend page 9, following line 5, by inserting:
“DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 251. In addition to the funds appropriated in part 1, the department of health and human services may receive and expend not more than $1,452,736,400.00 in federal funds for supplemental nutrition assistance program benefits.”.
2. Amend page 9, following line 20, by inserting:
“Sec. 302. In addition to the funds appropriated in part 1, the department of labor and economic opportunity may receive and expend not more than $378,324,900.00 in federal funds for emergency rental assistance as administered by the terms set forth in section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Public Law 116-260, authorizing the United States Department of Treasury to make payments to certain recipients to be used to provide emergency rental assistance.”.
Roll Call No. 49 Yeas—64
Albert Damoose Johnson, S Rendon
Alexander Eisen Kahle Roth
Allor Farrington LaFave Schroeder
Beeler Filler Lightner Shannon
Bellino Fink Lilly Slagh
Berman Frederick Maddock Tisdel
Beson Glenn Marino VanSingel
Bezotte Green Markkanen VanWoerkom
Bollin Griffin Martin Wakeman
Borton Haadsma Meerman Wendzel
Brann Hall Mueller Wentworth
Calley Hauck O’Malley Whiteford
Cambensy Hoitenga Outman Whitsett
Carra Hornberger Paquette Witwer
Clements Howell Posthumus Wozniak
Coleman Huizenga Reilly Yaroch
Nays—45
Aiyash Ellison Liberati Scott
Anthony Garza Manoogian Sneller
Bolden Hammoud Morse Sowerby
Brabec Hertel Neeley Steckloff
Breen Hood O’Neal Steenland
Brixie Hope Peterson Stone
Camilleri Jones Pohutsky Tate
Carter, B Koleszar Puri Thanedar
Carter, T Kuppa Rabhi Weiss
Cavanagh LaGrand Rogers Yancey
Cherry Lasinski Sabo Young
Clemente
In The Chair: Paquette
The House agreed to the title as amended.
Third Reading of Bills
House Bill No. 4171, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 50 Yeas—106
Aiyash Damoose LaGrand Sabo
Albert Eisen Lasinski Schroeder
Alexander Ellison Liberati Scott
Allor Farrington Lightner Shannon
Anthony Filler Lilly Slagh
Beeler Fink Maddock Sneller
Bellino Frederick Manoogian Sowerby
Berman Garza Marino Steckloff
Beson Glenn Markkanen Steenland
Bezotte Green Martin Stone
Bolden Griffin Meerman Tate
Bollin Haadsma Morse Thanedar
Borton Hall Mueller Tisdel
Brabec Hammoud Neeley VanSingel
Brann Hauck O’Malley VanWoerkom
Breen Hertel O’Neal Wakeman
Brixie Hoitenga Outman Weiss
Calley Hood Paquette Wendzel
Cambensy Hope Peterson Wentworth
Camilleri Hornberger Pohutsky Whiteford
Carter, B Howell Posthumus Whitsett
Carter, T Huizenga Puri Witwer
Cavanagh Jones Rabhi Wozniak
Cherry Kahle Rendon Yancey
Clemente Koleszar Rogers Yaroch
Clements Kuppa Roth Young
Coleman LaFave
Nays—3
Carra Johnson, S Reilly
In The Chair: Paquette
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.
House Bill No. 4172, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 51 Yeas—106
Aiyash Damoose LaGrand Sabo
Albert Eisen Lasinski Schroeder
Alexander Ellison Liberati Scott
Allor Farrington Lightner Shannon
Anthony Filler Lilly Slagh
Beeler Fink Maddock Sneller
Bellino Frederick Manoogian Sowerby
Berman Garza Marino Steckloff
Beson Glenn Markkanen Steenland
Bezotte Green Martin Stone
Bolden Griffin Meerman Tate
Bollin Haadsma Morse Thanedar
Borton Hall Mueller Tisdel
Brabec Hammoud Neeley VanSingel
Brann Hauck O’Malley VanWoerkom
Breen Hertel O’Neal Wakeman
Brixie Hoitenga Outman Weiss
Calley Hood Paquette Wendzel
Cambensy Hope Peterson Wentworth
Camilleri Hornberger Pohutsky Whiteford
Carter, B Howell Posthumus Whitsett
Carter, T Huizenga Puri Witwer
Cavanagh Jones Rabhi Wozniak
Cherry Kahle Rendon Yancey
Clemente Koleszar Rogers Yaroch
Clements Kuppa Roth Young
Coleman LaFave
Nays—3
Carra Johnson, S Reilly
In The Chair: Paquette
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.
House Bill No. 4210, entitled
A bill to amend 1905 PA 282, entitled “An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act,” (MCL 207.1 to 207.21) by adding section 5c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 52 Yeas—59
Albert Eisen LaFave Schroeder
Alexander Filler Lightner Slagh
Allor Fink Lilly Tisdel
Beeler Frederick Maddock VanSingel
Bellino Glenn Marino VanWoerkom
Berman Green Markkanen Wakeman
Beson Griffin Martin Wendzel
Bezotte Haadsma Meerman Wentworth
Bollin Hall Mueller Whiteford
Borton Hauck O’Malley Whitsett
Brann Hoitenga Outman Witwer
Calley Hornberger Paquette Wozniak
Cambensy Howell Posthumus Yancey
Clements Huizenga Rendon Yaroch
Damoose Kahle Roth
Nays—50
Aiyash Coleman Lasinski Sabo
Anthony Ellison Liberati Scott
Bolden Farrington Manoogian Shannon
Brabec Garza Morse Sneller
Breen Hammoud Neeley Sowerby
Brixie Hertel O’Neal Steckloff
Camilleri Hood Peterson Steenland
Carra Hope Pohutsky Stone
Carter, B Johnson, S Puri Tate
Carter, T Jones Rabhi Thanedar
Cavanagh Koleszar Reilly Weiss
Cherry Kuppa Rogers Young
Clemente LaGrand
In The Chair: Paquette
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.
Senate Bill No. 186, entitled
A bill to amend 2020 PA 220, entitled “Industrial hemp growers act,” by amending sections 103, 211, 301, 303, 305, 307, 309, 311, 401, 403, 405, 407, 503, 505, 509, 511, 601, 603, 605, 607, and 609 (MCL 333.29103, 333.29211, 333.29301, 333.29303, 333.29305, 333.29307, 333.29309, 333.29311, 333.29401, 333.29403, 333.29405, 333.29407, 333.29503, 333.29505, 333.29509, 333.29511, 333.29601, 333.29603, 333.29605, 333.29607, and 333.29609) and by adding section 602 and chapter VIII; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 53 Yeas—108
Aiyash Damoose LaFave Roth
Albert Eisen LaGrand Sabo
Alexander Ellison Lasinski Schroeder
Allor Farrington Liberati Scott
Anthony Filler Lightner Shannon
Beeler Fink Lilly Slagh
Bellino Frederick Maddock Sneller
Berman Garza Manoogian Sowerby
Beson Glenn Marino Steckloff
Bezotte Green Markkanen Steenland
Bolden Griffin Martin Stone
Bollin Haadsma Meerman Tate
Borton Hall Morse Thanedar
Brabec Hammoud Mueller Tisdel
Brann Hauck Neeley VanSingel
Breen Hertel O’Malley VanWoerkom
Brixie Hoitenga O’Neal Wakeman
Calley Hood Outman Weiss
Cambensy Hope Paquette Wendzel
Camilleri Hornberger Peterson Wentworth
Carter, B Howell Pohutsky Whiteford
Carter, T Huizenga Posthumus Whitsett
Cavanagh Johnson, S Puri Witwer
Cherry Jones Rabhi Wozniak
Clemente Kahle Reilly Yancey
Clements Koleszar Rendon Yaroch
Coleman Kuppa Rogers Young
Nays—1
Carra
In The Chair: Paquette
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create an industrial hemp program; to authorize certain activities involving industrial hemp to require the registration of persons engaged in certain activities; to provide for the sampling and testing of industrial hemp; to provide for the collection of fees; to create certain funds; to provide for the powers and duties of certain state departments and officers and state agencies and officials; to prohibit certain acts; to prescribe civil sanctions; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Frederick moved that House Bill No. 4469 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4469, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2021; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 54 Yeas—104
Aiyash Damoose LaGrand Sabo
Albert Eisen Lasinski Schroeder
Alexander Ellison Liberati Scott
Allor Farrington Lightner Shannon
Anthony Filler Lilly Slagh
Bellino Fink Manoogian Sneller
Berman Frederick Marino Sowerby
Beson Garza Markkanen Steckloff
Bezotte Glenn Martin Steenland
Bolden Green Meerman Stone
Bollin Griffin Morse Tate
Borton Haadsma Mueller Thanedar
Brabec Hall Neeley Tisdel
Brann Hammoud O’Malley VanSingel
Breen Hauck O’Neal VanWoerkom
Brixie Hertel Outman Wakeman
Calley Hood Paquette Weiss
Cambensy Hope Peterson Wendzel
Camilleri Hornberger Pohutsky Wentworth
Carter, B Howell Posthumus Whiteford
Carter, T Huizenga Puri Whitsett
Cavanagh Johnson, S Rabhi Witwer
Cherry Jones Reilly Wozniak
Clemente Kahle Rendon Yancey
Clements Koleszar Rogers Yaroch
Coleman Kuppa Roth Young
Nays—5
Beeler Hoitenga LaFave Maddock
Carra
In The Chair: Paquette
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.
______
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 Tuesday, March 16:
House Bill Nos. 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 4523 4524 4525 4526 4527 4528
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, March 17:
Senate Bill Nos. 248 249 250 251 252 253 254 255
The Clerk announced that the following Senate bills had been received on Wednesday, March 17:
Reports of Standing Committees
The Committee on Health Policy, by Rep. Kahle, Chair, reported
House Bill No. 4345, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406v.
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. Kahle, Meerman, Whiteford, Alexander, Allor, Hauck, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Clemente, Pohutsky, Whitsett, Neeley and Morse
Nays: None
The Committee on Health Policy, by Rep. Kahle, Chair, reported
House Bill No. 4350, entitled
A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending sections 2 and 4a (MCL 752.1002 and 752.1004a), section 4a as amended by 2016 PA 80.
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. Kahle, Meerman, Whiteford, Alexander, Allor, Hauck, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Clemente, Pohutsky, Whitsett, Neeley and Morse
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kahle, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, March 16, 2021
Present: Reps. Kahle, Meerman, Whiteford, Alexander, Allor, Hauck, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Clemente, Pohutsky, Stone, Whitsett, Neeley and Morse
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hall, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, March 17, 2021
Present: Reps. Hall, Tisdel, Calley, Farrington, Steven Johnson, Meerman, O’Malley, Beeler, Outman, Yancey, Ellison, Brixie, Kuppa, Neeley and Cavanagh
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:
Meeting held on: Wednesday, March 17, 2021
Present: Reps. Farrington, Wakeman, Griffin, Reilly, O’Malley, Carra, Clemente, Camilleri, Rogers and Young
Absent: Rep. Scott
Excused: Rep. Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bellino, Chair, of the Committee on Energy, was received and read:
Meeting held on: Wednesday, March 17, 2021
Present: Reps. Bellino, Markkanen, Hoitenga, Berman, Paquette, Schroeder, Martin, Outman, Roth, Manoogian, Cherry, Haadsma, Morse, Puri and Scott
Absent: Reps. Reilly and Sneller
Excused: Reps. Reilly and Sneller
Messages from the Senate
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2980.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81133 (MCL 324.81133), as amended by 2018 PA 206.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82123 (MCL 324.82123), as added by 1995 PA 58.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
Senate Concurrent Resolution No. 8.
A concurrent resolution to oppose policies that restrict the autonomy of workers and employers and memorialize the President and Congress of the United States to support and defend the rights and freedoms of workers and employers.
Whereas, H.R. 842 of 2021 and S. 420 of 2021, both known as the Protecting the Right to Organize (PRO) Act, have recently been introduced in the Congress of the United States. These bills would amend the National Labor Relations Act to expand the influence of unions, limit the autonomy of workers, and infringe on the rights of employers; and
Whereas, The PRO Act would limit worker autonomy by eliminating state right-to-work protections. Right-to-work laws are an important way to hold unions accountable and protect workers who do not wish to join. The PRO Act would eliminate these protections in 27 states, including Michigan, and force workers to pay union dues against their wishes; and
Whereas, The PRO Act would corrupt the union elections process. The act would eliminate secret ballot elections and expose employees to threats, intimidation, and coercion by union officials. Further, the act would deny employers a role in the process, preventing workers from accessing full information about the benefits and costs of unionization; and
Whereas, The PRO Act would upset the balance between workers and employers by prohibiting employers from replacing striking workers and leaving employers little choice but to accept union demands. This could lead to an increase in strikes and unrealistic union demands that increase prices and threaten the long-term viability of businesses; and
Whereas, The PRO Act would
hurt franchisors and small businesses by broadening the federal government’s “joint
employer” standard. By holding joint employers equally liable for employment
violations, the act will increase the risks for large businesses who franchise
or contract with smaller companies. The American Action Forum estimates that
this could lead to as much as $33 billion in lost output from the franchise
business sector; and
Whereas, The PRO Act would forcibly reclassify many independent contractors as employees, taking away their flexibility and autonomy. This would also hurt businesses of all sizes across industries that rely on independent contractors, injecting uncertainty into their business plans and burdening them with significant costs; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we oppose policies that restrict the autonomy of workers and employers and memorialize the President and Congress of the United States to support and defend the rights and freedoms of workers and employers; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Workforce, Trades, and Talent.
Introduction of Bills
Reps. Eisen and Outman introduced
House Bill No. 4529, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81133 (MCL 324.81133), as amended by 2018 PA 206.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Calley, Filler and Whitsett introduced
House Bill No. 4530, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 3, 52, 53, 92, 93, 132, 133, 162, 163, 192, 193, 253, 254, 322, 345, 349, 370, 409a, 412, 432, 433, 467a, 534, 535, 551, 559, 591, 592, 598, 611, 623a, 641, 642, 642a, 686a, 737a, 821, 963, and 970e (MCL 168.3, 168.52, 168.53, 168.92, 168.93, 168.132, 168.133, 168.162, 168.163, 168.192, 168.193, 168.253, 168.254, 168.322, 168.345, 168.349, 168.370, 168.409a, 168.412, 168.432, 168.433, 168.467a, 168.534, 168.535, 168.551, 168.559, 168.591, 168.592, 168.598, 168.611, 168.623a, 168.641, 168.642, 168.642a, 168.686a, 168.737a, 168.821, 168.963, and 168.970e), section 3 as amended by 2018 PA 603, sections 53, 93, 133, 163, 193, and 551 as amended by 2012 PA 276, sections 254, 433, and 467a as amended by 2018 PA 120, section 322 as amended by 2015 PA 103, section 349 as amended by 2018 PA 654, section 370 as amended by 2014 PA 94, section 534 as amended by 2018 PA 224, section 591 as amended by 2012 PA 128, sections 592, 598, and 623a as amended by 1988 PA 116, section 611 as amended by 1996 PA 583, section 641 as amended by 2015 PA 197, section 642 as amended by 2015 PA 100, section 642a as amended by 2012 PA 523, section 686a as amended by 1999 PA 216, section 737a as amended by 2018 PA 611, section 821 as amended by 2018 PA 614, section 963 as amended by 2015 PA 99, and section 970e as amended by 2015 PA 102.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Reps. Filler, Calley and Whitsett introduced
House Bill No. 4531, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 702 and 703 (MCL 380.702 and 380.703), as amended by 2003 PA 299.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Reps. Whitsett, Peterson, O’Neal, Calley, Filler, Jones and Yancey introduced
House Bill No. 4532, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 16c (MCL 46.16c), as added by 1988 PA 37.
The
bill was read a first time by its title and referred to the Committee on
Elections and Ethics.
Reps. Puri and Calley introduced
House Bill No. 4533, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 550, 550a, 805, 8175, and 8176 (MCL 600.550, 600.550a, 600.805, 600.8175, and 600.8176), section 550 as amended by 2009 PA 228, section 550a as amended by 2012 PA 36, section 805 as amended by 2011 PA 300, section 8175 as amended by 1990 PA 54, and section 8176 as amended by 2002 PA 92.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
______
Rep. Scott moved that the House adjourn.
The motion prevailed, the time being 3:35 p.m.
GARY L. RANDALL
Clerk of the House of Representatives