STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

101st Legislature

REGULAR SESSION OF 2021

House Chamber, Lansing, Thursday, October 14, 2021.

12:00 Noon.

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 Kuppa—present Rogers—present

Albert—present Eisen—present LaFave—present Roth—present

Alexander—present Ellison—present LaGrand—present Sabo—present

Allor—present Farrington—present Lasinski—present Scott—present

Anthony—present Filler—present Liberati—present Shannon—present

Beeler—present Fink—present Lightner—present Slagh—present

Bellino—present Frederick—present Lilly—present Sneller—present

Berman—present Garza—present Maddock—present Sowerby—present

Beson—present Glenn—present Manoogian—present Steckloff—present

Bezotte—present Green—present Marino—excused Steenland—present

Bolden—present Griffin—present Markkanen—present Stone—present

Bollin—present Haadsma—present Martin—present Tate—present

Borton—present Hall—present Meerman—present Thanedar—present

Brabec—present Hammoud—present Morse—present Tisdel—present

Brann—present Hauck—present Mueller—present VanSingel—present

Breen—present Hertel—present Neeley—present VanWoerkom—present

Brixie—present Hoitenga—present O’Malley—present Wakeman—present

Calley—present Hood—present O’Neal—present Weiss—present

Cambensy—present Hope—present Outman—present Wendzel—present

Camilleri—present Hornberger—present Paquette—present Wentworth—present

Carra—present Howell—present Peterson—present Whiteford—present

Carter, B—present Huizenga—present Pohutsky—present Whitsett—present

Carter, T—present Johnson, C—present Posthumus—present Witwer—present

Cavanagh—present Johnson, S—present Puri—present Wozniak—present

Cherry—present Jones—excused Rabhi—present Yancey—present

Clemente—present Kahle—present Reilly—present Yaroch—present

Clements—present Koleszar—present Rendon—present Young—present

Coleman—present

e/d/s = entered during session

Rep. Ranjeev Puri, from the 21st District, offered the following invocation:

“Vahiguru, Ram, God, Allah, Divine

We live in challenging times. We are here to serve, and we want to do our best – but we are also imperfect beings living in an imperfect world.

Give us the humility to recognize our smallness and our shortcomings and our limits – and that the world extends beyond our individual selves.

Give us the courage to grapple with this reality. Courage to show up in public, knowing that this work comes with exposure and vulnerability and hurt – and yet we do it anyway.

Give us the wisdom to see your goodness in all we encounter. The wisdom to realize that divinity resides equally in each and every one of us – including ourselves. Give us the wisdom to not just believe in our interconnectedness, but to live it.

I will recite the sacred mantra of ‘OM’ - said to be the sound of the universe, 3 times - embodying our past, our present, and our future.

OMMM

OMMM.”

______

Rep. Rabhi moved that Rep. Jones be excused from today’s session.

The motion prevailed.

Rep. Frederick moved that Rep. Marino be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5376, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 623 (MCL 206.30 and 206.623), section 30 as amended by 2020 PA 65 and section 623 as amended by 2014 PA 13, and by adding sections 254 and 675 and part 4.

The bill was read a second time.

Rep. Tisdel moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Tisdel 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

The Speaker laid before the House

Senate Bill No. 303, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 813, and 829 (MCL 168.523, 168.813, and 168.829), section 523 as amended by 2018 PA 129 and sections 813 and 829 as amended by 2018 PA 603.

(The bill was received from the Senate on October 6, with substitute (S-3) to the House substitute (H-1) and title amendment by the Senate, consideration of which, under the rules, was postponed until October 7, see House Journal No. 80, p. 1875.)

The question being on concurring in the substitute (S-3) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 469 Yeas—56

Albert Damoose Huizenga Posthumus

Alexander Eisen Johnson, S Reilly

Allor Farrington Kahle Rendon

Beeler Filler LaFave Roth

Bellino Fink Lightner Slagh

Berman Frederick Lilly Tisdel

Beson Glenn Maddock VanSingel

Bezotte Green Markkanen VanWoerkom

Bollin Griffin Martin Wakeman

Borton Hall Meerman Wendzel

Brann Hauck Mueller Wentworth

Calley Hoitenga O’Malley Whiteford

Carra Hornberger Outman Wozniak

Clements Howell Paquette Yaroch

Nays—51

Aiyash Coleman Liberati Sneller

Anthony Ellison Manoogian Sowerby

Bolden Garza Morse Steckloff

Brabec Haadsma Neeley Steenland

Breen Hammoud O’Neal Stone

Brixie Hertel Peterson Tate

Cambensy Hood Pohutsky Thanedar

Camilleri Hope Puri Weiss

Carter, B Johnson, C Rabhi Whitsett

Carter, T Koleszar Rogers Witwer

Cavanagh Kuppa Sabo Yancey

Cherry LaGrand Scott Young

Clemente Lasinski Shannon

In The Chair: Hornberger

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5007, 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 2 and 2a (MCL 28.292 and 28.292a), section 2 as amended and section 2a as added by 2020 PA 306.

(The bill was received from the Senate on October 7, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until October 12, see House Journal No. 81, p. 1883.)

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. 470 Yeas—56

Albert Damoose Huizenga Posthumus

Alexander Eisen Johnson, S Reilly

Allor Farrington Kahle Rendon

Beeler Filler LaFave Roth

Bellino Fink Lightner Slagh

Berman Frederick Lilly Tisdel

Beson Glenn Maddock VanSingel

Bezotte Green Markkanen VanWoerkom

Bollin Griffin Martin Wakeman

Borton Hall Meerman Wendzel

Brann Hauck Mueller Wentworth

Calley Hoitenga O’Malley Whiteford

Carra Hornberger Outman Wozniak

Clements Howell Paquette Yaroch

Nays—51

Aiyash Coleman Liberati Sneller

Anthony Ellison Manoogian Sowerby

Bolden Garza Morse Steckloff

Brabec Haadsma Neeley Steenland

Breen Hammoud O’Neal Stone

Brixie Hertel Peterson Tate

Cambensy Hood Pohutsky Thanedar

Camilleri Hope Puri Weiss

Carter, B Johnson, C Rabhi Whitsett

Carter, T Koleszar Rogers Witwer

Cavanagh Kuppa Sabo Yancey

Cherry LaGrand Scott Young

Clemente Lasinski Shannon

In The Chair: Hornberger

The House agreed to the title as amended.

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

The Speaker laid before the House

Senate Bill No. 304, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523a and 813 (MCL 168.523a and 168.813), as amended by 2018 PA 603.

(The bill was received from the Senate on October 7, with substitute (S-3) to the House substitute (H-1) and title amendment by the Senate, consideration of which, under the rules, was postponed until October 12, see House Journal No. 81, p. 1884.)

The question being on concurring in the substitute (S-3) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 471 Yeas—56

Albert Damoose Huizenga Posthumus

Alexander Eisen Johnson, S Reilly

Allor Farrington Kahle Rendon

Beeler Filler LaFave Roth

Bellino Fink Lightner Slagh

Berman Frederick Lilly Tisdel

Beson Glenn Maddock VanSingel

Bezotte Green Markkanen VanWoerkom

Bollin Griffin Martin Wakeman

Borton Hall Meerman Wendzel

Brann Hauck Mueller Wentworth

Calley Hoitenga O’Malley Whiteford

Carra Hornberger Outman Wozniak

Clements Howell Paquette Yaroch

Nays—51

Aiyash Coleman Liberati Sneller

Anthony Ellison Manoogian Sowerby

Bolden Garza Morse Steckloff

Brabec Haadsma Neeley Steenland

Breen Hammoud O’Neal Stone

Brixie Hertel Peterson Tate

Cambensy Hood Pohutsky Thanedar

Camilleri Hope Puri Weiss

Carter, B Johnson, C Rabhi Whitsett

Carter, T Koleszar Rogers Witwer

Cavanagh Kuppa Sabo Yancey

Cherry LaGrand Scott Young

Clemente Lasinski Shannon

In The Chair: Hornberger

The House agreed to the title as amended.

Third Reading of Bills

Senate Bill No. 25, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 472 Yeas—105

Aiyash Damoose Kuppa Roth

Albert Eisen LaFave Sabo

Alexander Ellison LaGrand Scott

Allor Farrington Lasinski Shannon

Anthony Filler Liberati Slagh

Beeler Fink Lightner Sneller

Bellino Frederick Lilly Sowerby

Berman Garza Maddock Steckloff

Beson Glenn Manoogian Steenland

Bezotte Green Markkanen Stone

Bolden Griffin Martin Tate

Bollin Haadsma Meerman Thanedar

Borton Hall Morse Tisdel

Brabec Hammoud Mueller VanSingel

Brann Hauck Neeley VanWoerkom

Breen Hertel O’Malley Wakeman

Brixie Hoitenga O’Neal Weiss

Calley Hood Outman Wendzel

Cambensy Hope Paquette Wentworth

Camilleri Hornberger Peterson Whiteford

Carter, B Howell Pohutsky Whitsett

Carter, T Huizenga Posthumus Witwer

Cavanagh Johnson, C Puri Wozniak

Cherry Johnson, S Rabhi Yancey

Clemente Kahle Rendon Yaroch

Clements Koleszar Rogers Young

Coleman

Nays—2

Carra Reilly

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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.

House Bill No. 4270, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 4 and 21 (MCL 205.94 and 205.111), section 4 as amended by 2018 PA 679 and section 21 as amended by 2020 PA 30.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 473 Yeas—94

Aiyash Damoose LaGrand Shannon

Albert Eisen Lasinski Slagh

Anthony Ellison Liberati Sneller

Beeler Farrington Lilly Sowerby

Bellino Filler Manoogian Steckloff

Berman Frederick Markkanen Steenland

Beson Garza Martin Stone

Bezotte Glenn Morse Tate

Bolden Green Mueller Thanedar

Borton Haadsma Neeley Tisdel

Brabec Hall O’Malley VanSingel

Brann Hammoud O’Neal VanWoerkom

Breen Hauck Outman Wakeman

Brixie Hertel Paquette Weiss

Calley Hoitenga Peterson Wendzel

Cambensy Hood Pohutsky Wentworth

Camilleri Hope Posthumus Whiteford

Carter, B Howell Puri Whitsett

Carter, T Huizenga Rabhi Witwer

Cavanagh Johnson, C Rogers Wozniak

Cherry Kahle Roth Yancey

Clemente Koleszar Sabo Yaroch

Clements Kuppa Scott Young

Coleman LaFave

Nays—13

Alexander Fink Johnson, S Meerman

Allor Griffin Lightner Reilly

Bollin Hornberger Maddock Rendon

Carra

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.

______

Rep. Bollin, 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:

Generally I support tax cuts but this bill seems to be gender specific and does not benefit all citizens equally. Consideration should be given to expand to all medically necessary items. Loss of revenue to the General Fund is estimated between $7 and & $17 million.”

House Bill No. 5267, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 4a and 25 (MCL 205.54a and 205.75), section 4a as amended by 2018 PA 673 and section 25 as amended by 2021 PA 38.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 474 Yeas—94

Aiyash Damoose LaGrand Shannon

Albert Eisen Lasinski Slagh

Anthony Ellison Liberati Sneller

Beeler Farrington Lilly Sowerby

Bellino Filler Manoogian Steckloff

Berman Frederick Markkanen Steenland

Beson Garza Martin Stone

Bezotte Glenn Morse Tate

Bolden Green Mueller Thanedar

Borton Haadsma Neeley Tisdel

Brabec Hall O’Malley VanSingel

Brann Hammoud O’Neal VanWoerkom

Breen Hauck Outman Wakeman

Brixie Hertel Paquette Weiss

Calley Hoitenga Peterson Wendzel

Cambensy Hood Pohutsky Wentworth

Camilleri Hope Posthumus Whiteford

Carter, B Howell Puri Whitsett

Carter, T Huizenga Rabhi Witwer

Cavanagh Johnson, C Rogers Wozniak

Cherry Kahle Roth Yancey

Clemente Koleszar Sabo Yaroch

Clements Kuppa Scott Young

Coleman LaFave

Nays—13

Alexander Fink Johnson, S Meerman

Allor Griffin Lightner Reilly

Bollin Hornberger Maddock Rendon

Carra

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.

______

Rep. Bollin, 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:

House Bill No. 5259, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 521 (MCL 600.521), as amended by 2001 PA 256.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 475 Yeas—67

Albert Damoose Kahle Rendon

Alexander Eisen LaFave Rogers

Allor Farrington LaGrand Roth

Beeler Filler Lightner Sabo

Bellino Fink Lilly Slagh

Berman Frederick Maddock Thanedar

Beson Glenn Markkanen Tisdel

Bezotte Green Martin VanSingel

Bolden Griffin Meerman VanWoerkom

Bollin Hall Mueller Wakeman

Borton Hauck O’Malley Wendzel

Brann Hoitenga O’Neal Wentworth

Breen Hood Outman Whiteford

Calley Hornberger Paquette Whitsett

Cambensy Howell Peterson Wozniak

Carra Huizenga Posthumus Yaroch

Clements Johnson, S Reilly

Nays—40

Aiyash Coleman Lasinski Sneller

Anthony Ellison Liberati Sowerby

Brabec Garza Manoogian Steckloff

Brixie Haadsma Morse Steenland

Camilleri Hammoud Neeley Stone

Carter, B Hertel Pohutsky Tate

Carter, T Hope Puri Weiss

Cavanagh Johnson, C Rabhi Witwer

Cherry Koleszar Scott Yancey

Clemente Kuppa Shannon Young

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.

______

Rep. Young, 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 State Court Administrative Office (SCAO) recommended 3 additional judgeships in Wayne County and this need went unmet. No discussion, no negotiation. Only benefitted Ottawa County.”

Rep. Frederick moved that House Bill No. 5376 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5376, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 476 Yeas—105

Albert Damoose Kuppa Roth

Alexander Eisen LaFave Sabo

Allor Ellison LaGrand Scott

Anthony Farrington Lasinski Shannon

Beeler Filler Liberati Slagh

Bellino Fink Lightner Sneller

Berman Frederick Lilly Sowerby

Beson Garza Maddock Steckloff

Bezotte Glenn Manoogian Steenland

Bolden Green Markkanen Stone

Bollin Griffin Martin Tate

Borton Haadsma Meerman Thanedar

Brabec Hall Morse Tisdel

Brann Hammoud Mueller VanSingel

Breen Hauck Neeley VanWoerkom

Brixie Hertel O’Malley Wakeman

Calley Hoitenga O’Neal Weiss

Cambensy Hood Outman Wendzel

Camilleri Hope Paquette Wentworth

Carra Hornberger Peterson Whiteford

Carter, B Howell Pohutsky Whitsett

Carter, T Huizenga Posthumus Witwer

Cavanagh Johnson, C Puri Wozniak

Cherry Johnson, S Reilly Yancey

Clemente Kahle Rendon Yaroch

Clements Koleszar Rogers Young

Coleman

Nays—2

Aiyash Rabhi

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. 4535, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82101 and 82110 (MCL 324.82101 and 324.82110), section 82101 as amended by 2020 PA 385 and section 82110 as amended by 2004 PA 587, and by adding section 82163.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Natural Resources and Outdoor Recreation,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. LaFave moved to amend the bill as follows:

1. Amend page 9, following line 15, by inserting:

“(4) As used in this section, “motor vehicle” means any vehicle that is self-propelled. However, motor vehicle does not include a power-driven mobility device, as defined in section 43c of the Michigan vehicle code, 1949 PA 300, MCL 257.43c, when that power-driven mobility device is being used by an individual with a mobility disability.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Borton moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4536, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8831 (MCL 600.8831), as added by 1995 PA 54.

The bill was read a second time.

Rep. Borton moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4449, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 909 and 1101 (MCL 450.4909 and 450.5101), section 909 as amended by 2002 PA 686 and section 1101 as amended by 2019 PA 70.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Rules and Competitiveness,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Berman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4801, entitled

A bill to regulate persons that provide electric vehicle charging services; to require registration of certain persons that provide electric vehicle charging services; and to prescribe the powers and duties of certain state officers and entities.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Frederick moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4802, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 10g, 10h, and 10q (MCL 460.10g, 460.10h, and 460.10q), the title as amended by 2016 PA 341, section 10g as amended by 2008 PA 286, section 10h as added by 2000 PA 142, and section 10q as added by 2000 PA 141.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Kuppa moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5080, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2020 PA 29.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Outman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5081, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2020 PA 30.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Coleman 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

Motions and Resolutions

Reps. Fink, Bezotte, Bollin, Sabo and Sneller offered the following resolution:

House Resolution No. 183.

A resolution to express our appreciation for the American troops who served in Afghanistan.

Whereas, On September 11, 2001, the United States was struck by the largest terrorist attack in our nation’s history. As a result, the War on Terror began and the first U.S. troops arrived in Afghanistan in October of 2001. By December of 2001, roughly 2,500 American troops were on the ground, scouring the mountainous regions looking for al-Qaida leader Osama bin Laden and conducting counter-terrorism efforts against the Taliban; and

Whereas, America continued to send in greater numbers of U.S. troops, reaching its peak at 100,000 troops on the ground serving by the end of 2010; and

Whereas, Following the discovery of Osama bin Laden in May of 2011, the U.S. began to slowly bring our troops back home. By 2015 the number had declined to 9,800 troops left who were to continue counter-terrorism missions and to advise the Afghan authorities; and

Whereas, Following a withdrawal agreement made by President Trump, the U.S. forces in Afghanistan were reduced to 2,500 troops by January 2021, with a complete withdrawal planned for May 2021; and

Whereas, In April 2021, President Biden announced that the withdrawal process would be extended to September 11, he later moved the date up to August 31. Mounting unrest led to the Taliban entering the Afghanistan capital of Kabul on August 15, 2021. What followed was a chaotic dash to evacuate diplomats, troops, and American civilians, along with Afghanis who had assisted the U.S.; and

Whereas, All of the U.S. troops were successfully evacuated from Afghanistan by the end of August 2021. However, there still remains several hundred U.S. citizens awaiting evacuation; and

Whereas, A study done by Brown University estimates that between 1.9 and three million U.S. service members have served in Afghanistan and Iraq since 2001, with over half of them deployed more than once. Roughly 2,300 troops paid the ultimate sacrifice in Afghanistan during the nearly twenty-year stint, 13 of which died during the evacuation in Kabul; and

Whereas, We acknowledge that many others were wounded during the conflict. Even for those who have comeback unharmed physically, their mental health and well-being in many instances is a constant burden and should be of serious concern to those of us for whom they have sacrificed so much; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body express our appreciation for the American troops who served in Afghanistan. We extend our utmost gratitude, respect, and thankfulness for each one of them who willingly put their lives on the line for our country by serving in Afghanistan between 2001-2021.

The question being on the adoption of the resolution,

Rep. Fink moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 183.

A resolution to express our appreciation for the American troops who served in Afghanistan.

Whereas, America continued to send in greater numbers of U.S. troops, reaching its peak at 100,000 troops on the ground serving by the end of 2010; and

Whereas, Following a withdrawal agreement, the U.S. forces in Afghanistan were reduced to 2,500 troops by January 2021, with a complete withdrawal planned for May 2021; and

Whereas, In April 2021, the withdrawal process was extended to September 11 and later moved to August 31. Mounting unrest led to the Taliban entering the Afghanistan capital of Kabul on August 15, 2021. What followed was a chaotic dash to evacuate diplomats, troops, and American civilians, along with Afghanis who had assisted the U.S.; and

Whereas, All of the U.S. troops were successfully evacuated from Afghanistan by the end of August 2021. However, there still remains several hundred U.S. citizens awaiting evacuation; and

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,

The resolution was adopted.

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Frederick moved that the Committee on Military, Veterans and Homeland Security be discharged from further consideration of House Resolution No. 160.

The motion prevailed, a majority of the members serving voting therefor.

The Speaker laid before the House

House Resolution No. 160.

A resolution to welcome Afghan refugees to the state of Michigan.

(For text of resolution, see House Journal No. 72, p. 1402.)

(The resolution was discharged from the Committee on Military, Veterans and Homeland Security on October 14.)

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, October 13:

House Bill Nos. 5385 5386 5387 5388 5389 5390 5391 5392 5393

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, October 14:

Senate Bill Nos. 687 688 689

The Clerk announced that the following Senate bills had been received on Thursday. October 14:

Senate Bill Nos. 578 579

Reports of Standing Committees

The Committee on Health Policy, by Rep. Kahle, Chair, reported

House Bill No. 4654, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 5135 and 5135a.

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, Filler, Mueller, Roth, Tisdel, Witwer, Clemente, Pohutsky, Stone, Whitsett, Neeley and Morse

Nays: Reps. Allor, Beeler and Fink

The Committee on Health Policy, by Rep. Kahle, Chair, reported

House Bill No. 5072, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748f (MCL 333.17748f), as added by 2020 PA 142.

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, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Clemente, Pohutsky, Stone, 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: Thursday, October 14, 2021

Present: Reps. Kahle, Meerman, Whiteford, Alexander, Allor, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Clemente, Pohutsky, Stone, Whitsett, Neeley and Morse

Absent: Rep. Hauck

Excused: Rep. Hauck

The Committee on Oversight, by Rep. Steven Johnson, Chair, reported

House Bill No. 4920, entitled

A bill to amend 1846 RS 2, entitled “Of the legislature,” (MCL 4.82 to 4.85) by adding section 2a.

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. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak, Brixie, LaGrand and Young

Nays: None

The Committee on Oversight, by Rep. Steven Johnson, Chair, reported

House Bill No. 5281, entitled

A bill to require the public disclosure of certain information related to the settlement of certain claims and actions involving sexual assault and sexual harassment; and to prescribe the powers and duties of certain state departments and agencies.

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. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak, Brixie, LaGrand and Young

Nays: None

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, October 14, 2021

Present: Reps. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak, Brixie, LaGrand and Young

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, October 14, 2021

Present: Reps. Howell, Markkanen, LaFave, Eisen, Wakeman, Martin, Sowerby, Cambensy and Aiyash

Messages from the Senate

House Bill No. 4087, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” (MCL 30.401 to 30.421) by adding section 7b.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4659, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17754a (MCL 333.17754a), as added by 2020 PA 134.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5003, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3104, 3110, 3118, 3120, 4104, 11135, 11153, 30104, 30109, 32312, and 32513 (MCL 324.3104, 324.3110, 324.3118, 324.3120, 324.4104, 324.11135, 324.11153, 324.30104, 324.30109, 324.32312, and 324.32513), section 3104 as amended by 2018 PA 518, sections 3110, 4104, 11135, and 11153 as amended by 2017 PA 90, and sections 3118, 3120, 30104, 30109, 32312, and 32513 as amended by 2019 PA 84.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 578, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744e (MCL 333.17744e), as added by 2016 PA 383.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Senate Bill No. 579, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21528.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Notices

October 13, 2021

Michigan Legislative Council

Boji Tower - 3rd floor

124 West Allegan St.

P. O. Box 30036

Lansing, MI

48909-7536

Dear Legislative Council,

Pursuant to Public Act 224 of 2004, we re-appoint the following members to State Drug Treatment Court Advisory Committee (SDTCAC):

The Honorable Josh Farrell

A district court judge who has presided at least 2 years over a drug treatment court.

New 4-year term: September 18, 2021 to September 18, 2025

Mr. Kyle Sofia

An individual who has successfully completed a juvenile drug treatment court program.

Remainder of a 4-year term: Present to June 13, 2023

Sincerely,

Mike Shirkey Jason Wentworth

16th Senate District 97th House District

Senate Majority Leader Speaker of the House

Messages from the Governor

The following message from the Governor was received October 14, 2021 and read:

EXECUTIVE ORDER

No. 2021-14

Department of Health and Human Services

Executive Reorganization

Michigan’s population is rapidly aging. Already, residents 50 and older make up 37 percent of the state’s population. By 2025 – 10 years ahead of the national projection – Michigan residents 65 and older will outnumber those younger than 18.

Active aging is a life-long process and state government has an important role to play in ensuring that Michigan is a leader among states in healthy and active aging for all. Our Department of Health and Human Services plays a critical role ensuring that services to the aging are delivered holistically and effectively. However, these services are currently divided between multiple agencies within MDHHS, including the Medical Services Administration and the Aging and Adult Services Agency. Bringing these services together under the umbrella of the newly established Health and Aging Services Administration will strengthen the continuum of support and services by improving collaboration and efficiency among programs serving an aging population.

Governor Milliken recognized the importance of having an effective and visible advocate for aging and older persons in all government decisions when he signed the Older Michiganians Act, 1981 PA 180, creating the Commission on Services to the Aging. This order maintains the independence of the Commission, while elevating the voices of the aging community to the highest levels of the Department. Going forward, in addition to its responsibilities developing the state plan on aging, the Commission will advise the Director on how to best support an aging population in developing and implementing the Department’s strategic priorities.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 2 of article 5 of the Michigan Constitution of 1963 empowers the governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the governor considers necessary for efficient administration.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. The Commission on Services to the Aging is transferred to the Department.

(a) The Commission on Services to the Aging is transferred by Type I transfer from the Aging and Adult Services Agency to the Department.

(b) The Commission on Services to the Aging must be an effective and visible advocate for aging and older persons and will report to the Director or the Director’s designee.

2. Transfer of the Adult Community Placement program to the Department.

(a) The Adult Community Placement program, including all its authority, powers, duties, functions, and responsibilities established by the Social Welfare Act, 1939 PA 280, MCL 400.14, is transferred by Type II transfer from the Aging and Adult Services Agency to the Department.

3. Creation of the Health and Aging Services Administration.

(a) The Health and Aging Services Administration is created within the Department.

(b) All authority, powers, duties, functions, and responsibilities of the Medical Services Administration are transferred by Type II transfer to the Health and Aging Services Administration.

(c) Except as otherwise provided in section 2, all authority, powers, duties, functions, and responsibilities of the Aging and Adult Services Agency are transferred by Type II transfer to the Health and Aging Services Administration.

(d) All authority, powers, duties, functions, and responsibilities vested in the chief executive of the Medical Services Administration are transferred to the chief executive of the Health and Aging Services Administration.

(e) All authority, powers, duties, functions, and responsibilities vested in the executive director of the Aging and Adult Services Agency are transferred to the chief executive of the Health and Aging Services Administration.

(f) The Medical Services Administration and the Aging and Adult Services Agency are abolished.

(g) The position of chief executive of the Medical Services Administration is abolished.

(h) The position of executive director of the Aging and Adult Services Agency is abolished.

4. Definitions.

(a) As used in this order:

(1) “Aging and Adult Services Agency” means the agency established by section V of Executive Reorganization Order 2015-1, MCL 400.227.

(2) “The Commission on Services to the Aging” means the commission established by Section 3 of 1981 PA 180, MCL 400.583.

(3) “Department” means the Department of Health and Human Services, a principal department of state government established by Executive Reorganization Order 2015-4.

(4) “Director” means the Director of the Department of Health and Human Services, described in section II of Executive Reorganization Order 2015-4.

(5) “Medical Services Administration” means the agency transferred to the former Department of Community Health by section 1(B)(1) of Executive Reorganization Order 1996‑1, MCL 330.3101, and subsequently redesignated as a Type II agency by section I(1) of Executive Reorganization Order 1997-4, MCL 333.26324.

(6) “Type I transfer” means that phrase as defined by Section 3 of the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.

(7) “Type II transfer” means that phrase as defined by Section 3 of the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.

5. Implementation.

(a) The Director shall provide executive direction and supervision for the implementation of this order.

(b) State departments, agencies, and state officers shall fully and actively cooperate with and assist the Director. The Director may request the assistance of other state departments, agencies, and officers with respect to personnel, budgeting, procurement, telecommunications, information systems, legal services, and other management-related functions, and the departments, agencies, and officers shall provide that assistance.

(c) The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in this state’s financial management system necessary to implement this order.

(d) A rule, regulation, order, contract, or agreement relating to a function or responsibility transferred under this order lawfully adopted before the effective date of this order will continue to be effective until revised, amended, repealed, or rescinded.

(e) This order does not abate any criminal action commenced by this state before the effective date of this order.

(f) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.

(g) If any portion of this order is found to be unenforceable, the unenforceable provision should be disregarded, and the rest of the order should remain in effect as issued.

(h) Consistent with section 2 of article 5 of the Michigan Constitution of 1963, this order is effective December 14 at 12:01 a.m.

Given under my hand and the Great Seal of the State of Michigan.

Date: October 14, 2021

Time: 11:00 a.m.

[SEAL] GRETCHEN WHITMER

GOVERNOR

By the Governor:

Jocelyn Benson

SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

Reps. Allor and Puri introduced

House Bill No. 5394, 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.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Puri, Allor, Aiyash, Pohutsky, Camilleri and LaGrand introduced

House Bill No. 5395, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7401, 7403, and 7404 (MCL 333.7401, 333.7403, and 333.7404), section 7401 as amended by 2016 PA 548, section 7403 as amended by 2016 PA 307, and section 7404 as amended by 2016 PA 308.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Camilleri, Brenda Carter, Cavanagh, Aiyash, Sowerby, Weiss, Cambensy and Cherry introduced

House Bill No. 5396, entitled

A bill to amend 1988 PA 226, entitled “An act to limit the powers of a local governmental unit regarding the leasing of private residential property,” by amending the title and section 1 (MCL 123.411), section 1 as amended by 2018 PA 585.