STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

102nd Legislature

REGULAR SESSION OF 2023

House Chamber, Lansing, Wednesday, March 1, 2023.

1:30 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Aiyash—present Dievendorf—present Markkanen—present Schriver—present

Alexander—present Edwards—present Martin—present Schuette—present

Andrews—present Farhat—present Martus—present Scott—present

Aragona—excused Filler—present McFall—present Shannon—present

Arbit—present Fink—present McKinney—present Skaggs—present

Beeler—present Fitzgerald—present Meerman—present Slagh—present

BeGole—present Fox—present Mentzer—present Smit—present

Beson—present Friske—present Miller—present Snyder—present

Bezotte—present Glanville—present Morgan—present St. Germaine—present

Bierlein—present Grant—present Morse—present Steckloff—present

Bollin—present Green, P.—present Mueller—present Steele—present

Borton—present Greene, J.—present Neeley—present Stone—present

Brabec—present Haadsma—present Neyer—present Tate—present

Breen—present Hall—present O’Neal—present Thompson—present

Brixie—present Harris—present Outman—present Tisdel—present

Bruck—excused Hill—present Paiz—present Tsernoglou—present

Byrnes—present Hoadley—present Paquette—present VanderWall—present

Carra—present Hood—present Pohutsky—present VanWoerkom—present

Carter, B.—present Hope—present Posthumus—present Wegela—present

Carter, T.—present Hoskins—present Prestin—present Weiss—present

Cavitt—present Johnsen—present Price—present Wendzel—present

Churches—present Koleszar—present Puri—present Whitsett—present

Coffia—present Kuhn—present Rheingans—present Wilson—present

Coleman—present Kunse—present Rigas—present Witwer—present

Conlin—present Liberati—present Rogers—present Wozniak—present

DeBoer—present Lightner—present Roth—present Young—present

DeBoyer—present MacDonell—present Schmaltz—present Zorn—present

DeSana—present Maddock—present

e/d/s = entered during session

Rep. Jasper Ryan Martus, from the 69th District, offered the following invocation:

“Religion in many ways is like a language. Each of us comes to God using our own language, using our own ways to express ourselves. No matter how we pray or if we pray at all, these different paths that we take to reach God are simply the ways that we find to relate to things bigger than ourselves and greater
than ourselves.

Let the work that we do here in this chamber be infused with the wisdom from the first letter from John, ‘If God so loves us, we must also love one another’ and when it comes time for us to pass legislation to help others, to lift up the poor, to serve the least among us, let us remember that we do not do this for elections or for glory, but for our fellow human beings.

As Jesus said during the sermon on the mount, ‘Thus, when you give to the needy, sound no trumpet before you, as the hypocrites do in the synagogues and in the streets, that they may be praised by others. Truly,
I say to you, they have received their reward. But when you give to the needy, do not let your left hand know what your right hand is doing, so that you may be giving in secret and your Father Who sees in secret will reward you.’ Let us hold ourselves to that standard, hold ourselves to a higher standard and serve others and express through legislation and through the work that we do in this chamber, the love that we have for each other and thus the love that God has for each and every one of us.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Aiyash moved that Reps. Aragona and Bruck be excused from today’s session.

The motion prevailed.

______

Rep. Aiyash 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 Tuesday, February 28:

House Bill Nos. 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, March 1:

Senate Bill Nos. 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125

The Clerk announced that the following Senate bill had been received on Wednesday, March 1:

Senate Bill No. 4

Reports of Select Committees

House Bill No. 4001, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending the title and sections 30, 51, 272, and 695 (MCL 206.30, 206.51, 206.272, and 206.695), the title and section 272 as amended and section 695 as added by 2011 PA 38, section 30 as amended by 2022 PA 5, and section 51 as amended by 2020 PA 75, and by adding sections 51h, 476, and 696.

(For text of conference report, see House Journal No 13, p. 153.)

The Senate has adopted the report of the Committee of Conference.

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

Messages from the Senate

Senate Bill No. 4, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and
sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992
PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and
section 402 as amended by 1993 PA 216.

The Senate has passed the bill.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4006, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 14 (MCL 750.14).

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Wendzel, Wozniak, Outman and Johnsen

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4031, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33b (MCL 791.233b), as amended by 2019 PA 16.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Wendzel, Wozniak, Outman and Johnsen

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4032, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter XVII (MCL 777.16a), as amended by 2010 PA 97.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Wendzel, Wozniak, Outman and Johnsen

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Breen, Chair, of the Committee on Judiciary, was received
and read:

Meeting held on: Wednesday, March 1, 2023 at 10:30 a.m.

Present: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou, Fink, Wendzel, Wozniak, Outman and Johnsen

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Miller, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Wednesday, March 1, 2023

Present: Reps. Miller, Paiz, Stone, Young, Coffia, Dievendorf, Fitzgerald, Neyer, VanderWall, Roth, Bierlein and Smit

Absent: Rep. Rheingans

Excused: Rep. Rheingans

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Scott, Chair, of the Committee on Energy, Communications, and Technology, was received and read:

Meeting held on: Wednesday, March 1, 2023

Present: Reps. Scott, Andrews, Coleman, Whitsett, Neeley, Byrnes, Churches, Hill, MacDonell, McFall, Wendzel, Outman, BeGole, Greene, Prestin and Schmaltz

Absent: Rep. Aragona

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Glanville, Chair, of the Committee on Higher Education, was received and read:

Meeting held on: Wednesday, March 1, 2023

Present: Reps. Glanville, Rheingans, Koleszar, Scott, Byrnes, Coffia, Hill, MacDonell, Paiz, VanderWall, Paquette, Zorn, DeSana and Kunse

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Liberati, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, March 1, 2023

Present: Reps. Liberati, Pohutsky, McFall, Posthumus and Greene

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Fitzgerald, Chair, of the Committee on Local Government and Municipal Finance, was received and read:

Meeting held on: Wednesday, March 1, 2023

Present: Reps. Fitzgerald, Byrnes, Shannon, Breen, Rogers, Hill, Hoskins, Zorn, Paquette, Bezotte
and Prestin

Absent: Reps. Paiz and Harris

Excused: Reps. Paiz and Harris

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Neeley, Chair, of the Committee on Tax Policy, was received
and read:

Meeting held on: Wednesday, March 1, 2023

Present: Reps. Neeley, Farhat, Brixie, Brenda Carter, Whitsett, Grant, Price, VanWoerkom, Markkanen, Fink, Outman and Tisdel

Announcements by the Clerk

February 28, 2023

Received from Auditor General a copy of the:

· Report on internal control, compliance, and other matters of the Michigan Legislative Retirement System (900-0140-23), Fiscal Year Ended September 30, 2022.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Koleszar, Arbit, Breen, Conlin, Fitzgerald, Glanville, Haadsma, Hope, Hoskins, Liberati, Morse, Price, Rheingans, Rogers and Weiss offered the following resolution:

House Resolution No. 45.

A resolution to declare February 27-March 3, 2023, as Public Schools Week in the state of Michigan.

Whereas, Public Schools Week is a time to celebrate the positive impact public schools have on our students, from providing quality academic instruction to promoting social responsibility and civic engagement; and

Whereas, Public Schools Week is an opportunity to recognize the hard work of our teachers and administrators, who are often the unsung heroes of our communities; and

Whereas, Public Schools Week is an important reminder of the importance of investing in public education and providing all students with access to an equitable and high-quality education;

Whereas, Public education is the backbone of American democracy, creating an informed and engaged citizenry; and

Whereas, Michigan is home to some of the finest public school systems in the country, providing students with educational opportunities and a gateway to the future; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 27-March 3, 2023, as Public Schools Week in the state of Michigan. We encourage all citizens of Michigan to join in celebrating the important role public education plays in our communities.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Neyer, Alexander, BeGole, Bierlein, Breen, Fink, Fitzgerald, Glanville, Jaime Greene, Haadsma, Liberati, Morse, Rheingans, Rogers and Schuette offered the following resolution:

House Resolution No. 46.

A resolution to declare March 2023 as Agriculture Month in the state of Michigan.

Whereas, Each year, states across the nation recognize March as a time to celebrate the importance of food and agriculture as a significant contributor to the national economy; and

Whereas, The Michigan food and agriculture industry contributes more than $104.7 billion annually to the state’s economy and is a major source of employment for the state’s workforce, supporting approximately 805,000 jobs, which is roughly 17.2 percent of the state’s workforce; and

Whereas, Michigan’s food and agriculture sector is the second most diverse in the country with nearly 51,000 farms, 99 percent of which are family-owned, farming nearly 10 million acres of farmland and commercially producing more than 300 food and agricultural commodities; and

Whereas, Michigan ranks first in the nation for asparagus production, producing up to 23 million pounds annually; and

Whereas, Michigan is one of the top blueberry producing states with more than 100 million pounds produced by 575 farms contributing nearly $132 million to the state’s economy; and

Whereas, Michigan has 12,221 farms with 1,201,383 cattle and calves and cash receipts over
$575 million; and

Whereas, Michigan produced roughly 400 million pounds of dry edible beans with a value of
$126 million; and

Whereas, Michigan ranks seventh in production of eggs with more than 15.4 million laying hens that produce 4,548 million eggs per year, contributing $655 million to the Michigan economy annually;

Whereas, Michigan leads the nation in many floriculture crops, including impatiens, begonias,
Easter lillies, geraniums, hostas, and petunias with a wholesale value of $467 million; and

Whereas, Michigan has 13,100 acres of vines, making Michigan the eighth-largest grape producing state in the nation and home to more than 100 commercial wineries; and

Whereas, Michigan is now the fourth-largest hop growing state in the United States and ranks 14th in the world for hop production; and

Whereas, Michigan has 47,641 farms with 2,068,138 acres under irrigation; and

Whereas, Michigan grows 70% of the United States supply of juicy tart cherries, ranking first in production with 201 million pounds valued at $280 million; and

Whereas, Michigan grows over 1 billion pounds of apples produced on 30 million acres with an economic impact of over $250 million; and

Whereas, Michigan grows many varieties of kale and the market has grown by over 60% in recent
years; and

Whereas, Michigan grows multiple varieties of lettuce both indoors and outdoors with a rapid expansion of production due to climate, muck soil and hydroponic opportunities; and

Whereas, Michigan ranks #5 in the nation for maple syrup production and produces about 90,000 gallons of syrup per year with an economic impact of $2.5 million annual; and

Whereas, Michigan nursery, landscape, and lawn care industries have an economic impact of
$4.5 billion; and

Whereas, Michigan onion production is approximately 79 million pounds which yield a total value of
$10 million; and

Whereas, Michigan produced more than 21.2 million pounds of peaches valued at more than
$9.2 million; and

Whereas, Michigan has a total of 79 farms raising quail, with 34 farms selling quail; and

Whereas, Michigan has over 500 farms and 500 acres in raspberry production; and

Whereas, Soybeans are Michigan’s top export with over 109 million bushels produced with a value over $941 million; and

Whereas, Michigan grows tomatoes for both fresh and processed uses. In 2016, Michigan produced 120,100 tons of tomatoes for process and 74 million pounds for fresh market; and

Whereas, Michigan is home to nearly 1,200 dairy farms who care for over 445,000 cows giving
27,000 pounds of undeniably nutritious milk each year. Michigan is ranked 6th in milk production in the United States; and

Whereas, Michigan grows over 50 types of vegetables with 3,047 farms harvesting over
101,750 acres; and

Whereas, Michigan is home to 500,000 acres of wheat in 75 Michigan counties producing over
35 million bushels annually; and

Whereas, Michigan is the leading producer of potatoes for extra crispy potato chip processing and they are the state’s second leading produce commodity with over 1.8 billion pounds of potatoes produced annually generating $182 million in sales; and

Whereas, Michigan pumpkins, yellow, and various other species of squash generate over $24 million from production of approximately 220 million pounds of pumpkins and squash; and

Whereas, Michigan ranks first nationally with 822 farms harvesting over 29,000 acres and 236,700 tons of zesty cucumbers; and

Whereas, Michigan’s food and agricultural sector continues to be a growing industry offering new business and career opportunities for Michiganders, making food and agriculture a cornerstone of Michigan’s continued prosperity; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2023 as Agriculture Month in the state of Michigan. We encourage all citizens to recognize and celebrate this momentous occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. VanderWall, Alexander, Bezotte, Breen, Fitzgerald, Glanville, Haadsma, Liberati, Rheingans and Schuette offered the following resolution:

House Resolution No. 47.

A resolution to declare March 2023 as Athletic Trainer Month in the state of Michigan.

Whereas, Athletic trainers have a long history of providing quality health care for many types of patients and have acquired specific knowledge and skills through their nationally regulated educational
processes; and

Whereas, Over 1,700 athletic trainers are licensed in the state of Michigan to provide health care services including risk management and injury prevention, clinical evaluation and assessment, immediate care and treatment, and the rehabilitation and reconditioning of an individual’s injury or illness, or both. Athletic trainers provide these services under the direction of, on the prescription of, or in collaboration with a physician; and

Whereas, The National Athletic Trainers Association since founded in 1950 has grown to more than
45,000 members worldwide and provides health care to a diversity of patient populations, and in various settings, including professional and Olympic sports, colleges and universities, high schools, clinics, rural and urban hospitals, urgent and ambulatory care centers, corporate and industrial settings, performing arts centers, military branches, police and fire departments and physician practices; and

Whereas, Leading organizations concerned with athletic training and health care have joined together in a common desire to raise public awareness of the importance of the athletic training profession and to emphasize the importance of quality health care within the aforementioned settings. Such an effort will promote the athletic training profession and provide compassionate health care for all; now, therefore, be it

Resolved by the House of Representative, That the members of this legislative body declare March 2023 as Athletic Trainer Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Churches, Arbit, Breen, Conlin, Fitzgerald, Glanville, Haadsma, Hope, Hoskins, Koleszar, Morse, Price, Rheingans, Rogers and Weiss offered the following resolution:

House Resolution No. 48.

A resolution to declare March 1, 2023, as Endometriosis Awareness Day in the state of Michigan.

Whereas, Endometriosis is a disease of the female reproductive system. Endometriosis occurs when tissue similar to that normally found in the uterus begins to grow outside of the uterus, leading to chronic, debilitating pelvic pain; and

Whereas, Endometriosis is a leading cause of female infertility. Endometriosis affects 1 in 10 women between the ages of 15 and 44 in the United States. There is an average of a 10 year delay from the onset of symptoms to the final diagnosis of endometriosis; and

Whereas, American endometriosis patients were hospitalized 105,123 days in 2010 because of their disease. Women with endometriosis can lose 11 hours per work week through lost productivity and absenteeism due to pain. Fifty-one percent of endometriosis patients report that their condition detrimentally affects their job; and

Whereas, The estimated total annual societal burden of endometriosis-related symptoms in the U.S. is
$56 billion, or $10,824 per patient; and

Whereas, There is no cure for endometriosis. More research is necessary to develop treatment options to manage this debilitating disease. Education is important for promoting awareness of symptoms and early detection and diagnosis of endometriosis; and

Whereas, Endometriosis Awareness Day is the period of time when people recognize the impact of this disease on women’s health and well-being, and understand that more work must be done to mitigate negative impacts of endometriosis; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 1, 2023, as Endometriosis Awareness Day in the state of Michigan. We recognize the significant impacts of this disease on women’s health outcomes.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Arbit, Stone, Martus, MacDonell, Koleszar, Weiss, McFall, Hood, Wegela, Mentzer, Rheingans, Andrews, Shannon, Hope, Brabec, Liberati, Morgan, Hill, Churches, Coffia, Scott, Neeley, McKinney, O’Neal, Byrnes, Brenda Carter, Wilson, Tyrone Carter, Hoskins, Haadsma, Puri, Rogers, Morse, Glanville, Price, Breen, Brixie, Edwards, Paiz, Whitsett, BeGole, Conlin, Fitzgerald and Schuette offered the
following resolution:

House Resolution No. 49.

A resolution to honor the courage of the Ukrainian people.

Whereas, On February 24, 2022, the Russian Federation launched an unprovoked, unjustified, and intolerable military assault on the nation of Ukraine. While Russia has violated Ukraine’s sovereign territory for years, illegally annexing Crimea in 2014 and militarily invading Ukraine’s eastern regions of Donetsk and Luhansk, the decision to engage in a protracted, full-scale military assault on Ukraine is a violation of international law and human decency. The invasion of Ukraine has resulted in at least 8,006 civilian deaths and over 13,200 injuries. Russia’s criminal war has created 8 million refugees – Ukrainians who have been forced to flee their homes to seek sanctuary in other parts of Europe and around the world – and nearly
5.9 million internally displaced people. The illegal and brutal assault on Ukraine, continues to this day and is a crime against humanity, with unceasing Russian attacks against innocent Ukrainian civilian populations and critical infrastructure, leaving people without shelter, heat, and water. The United Nations estimates that 17.6 million people in Ukraine, nearly half the population currently living in the country, will need humanitarian assistance this year; and

Whereas, The Russian Federation and its agents have engaged in the most heinous war crimes in Ukraine, including torturing, raping, and executing non-combatant civilians in contravention of the basic tenets of international law and forcibly relocating tens of thousands to hundreds of thousands of Ukrainian children to facilities far from their homes, severing communication with their families, and attempting to “re-educate” them to believe Russian propaganda and lies. These gravest violations of international humanitarian law can never be tolerated; and

Whereas, The President of the United States and the national legislatures of Poland, Canada, Estonia, Latvia, Lithuania, and the Republic of Ireland, alongside numerous respected institutions and scholars of genocide, have recognized the genocidal intent of the Russian Federation’s illegal actions in Ukraine; and

Whereas, Members of minority communities in Ukraine have faced disproportionate hardship as a result of Russia’s illegal war, including LGBTQ+ Ukrainians, Ukrainian Jews, and black Ukrainians. Even before the 2022 invasion, Russian occupying authorities repressed Tatars and other religious minorities in occupied Crimea; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the courage of the Ukrainian people.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

House Bill No. 4016, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Aiyash moved that Rule 42 be suspended.

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

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

Rep. Kuhn moved to amend the Senate substitute (S-1) as follows:

1. Amend page 6, line 9, by striking out all of line 9.

2. Amend page 6, line 11, after “fund” by striking out “170,300,000” and inserting “500,300,000”.

3. Amend page 8, line 24, by striking out all of line 24 and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 19, line 5, after “exceed” by striking out “$170,300,000.00” and inserting “$500,300,000.00”.

5. Amend page 23, line 1, by striking out all of section 706.

6. Amend page 29, following line 18, by inserting:

“Sec. 712. Funds appropriated in part 1 for strategic outreach and attraction reserve fund are prohibited from being used for pad ready site improvements related to the mega-strategic site. Any pad ready site improvements must be funded by the company end user of the mega-strategic site for which the funds are appropriated.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. VanWoerkom moved to amend the Senate substitute (S-1) as follows: