STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
102nd Legislature
REGULAR SESSION OF 2023
House Chamber, Lansing, Tuesday, May 9, 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—present 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—excused 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—excused 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. Phil Green, from the 67th District, offered the following invocation:
“Our Gracious Heavenly Father,
Lord, it is such a blessing knowing that You are our Father, that You care about us, that You love us, that You are actively involved in our lives. Lord, it is also humbling knowing that nothing takes You by surprise. Your omniscience allows You to know all things. In that knowing, You already know what our day will hold, the votes we will take and the outcomes of those votes. Lord, it is humbling to know that You are the all-powerful one; that the decisions that are being made today are both limited and empowered by You.
Lord, it is my prayer that we will remember who we are. We are made in Your image and Your likeness. Our commission by You is to do Your will. Help us ever to remember that we are here to do Your will first and foremost. Then, our job is to represent our constituents: To do their will. It is so easy to forget that our power and our job is to serve others. We are not here to advance ourselves but rather to advance You and our communities.
Lord, I ask that You would grant us the humility to serve, the wisdom to discern the intents of the legislation before us and the strength to stand where we believe we need to stand and not be like the Chaffee which the wind drives away. Lord help us to be pillars of strength that are not blown about by every wind of the desires of those who wish to manipulate us.
Lord we know that only through You do all things consist. I pray that we will give You all honor, power and glory.
I ask these things in Your Son’s name and power
Amen.”
______
The Speaker called the Speaker Pro Tempore to the Chair.
______
Rep. Aiyash moved that Reps. Bruck, Kuhn and Mentzer be excused from today’s session.
The motion prevailed.
Motions and Resolutions
The Speaker laid before the House
House Resolution No. 93.
A resolution to declare May 2023 as Cystic Fibrosis Awareness Month in the state of Michigan.
(The resolution was introduced and postponed for the day on May 2, see House Journal No. 38, p. 523.)
The question being on the adoption of the resolution,
The resolution was adopted.
By unanimous consent the House considered House Resolution No. 105 out of numerical order.
Reps. Weiss, Churches, McKinney, Stone, Conlin, DeBoer, Shannon, Coleman, Hoskins, Koleszar, Hood, Farhat, Byrnes, Arbit, Grant, Tyrone Carter, Price, Brabec, Steckloff, Rogers, Pohutsky, Breen, Morse, Rheingans, Alexander, Fitzgerald, Glanville, Haadsma and Hope offered the following resolution:
House Resolution No. 105.
A resolution to declare May 8-12, 2023, as Teacher Appreciation Week in the state of Michigan.
Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and
Whereas, From the early days of our
democracy, the United States of America and the state of Michigan have made
considerable progress in the social, technological, and scientific fields due
to our system of free and universal public education; and
Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and
Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and
Whereas, The importance and impact of teachers on children is known nationwide; and
Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 8-12, 2023, as Teacher Appreciation Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
By unanimous consent the House considered House Resolution No. 106 out of numerical order.
Reps. McKinney, Byrnes, Glanville and Haadsma offered the following resolution:
House Resolution No. 106.
A resolution to declare May 2023 as Tennis Month in the state of Michigan.
Whereas, On May 21, 1881, the United States Tennis Association, originally known as the United States National Lawn Tennis Association, was founded in New York City, New York, to create rules and standards for the emerging game of lawn tennis; and
Whereas, The United States Tennis Association is the nonprofit, national governing body for tennis in the United States, and leads the promotion and growth of the sport at every level of play, from beginners to professionals at the US Open; and
Whereas, The United States Tennis Association is the largest tennis organization in the world, with over 550,000 members from every corner of the country; and
Whereas, The United States Tennis Association proudly partners with local tennis programs to showcase the important health, social, and educational benefits of tennis, and make the sport available to everyone, regardless of age, environment, condition, or ability, through its United States Tennis Association Adaptive grants; and
Whereas, The latest research by the Physical Activity Council (PAC) shows that more than 23.6 million Americans played tennis in 2022, an unprecedented 33 percent increase in participation over 2019 and the highest number of players since the PAC study began in 2007; and
Whereas, By increasing the accessibility of tennis for Michigan of all ages and ability, the United States Tennis Association has contributed to making Michigan communities happier and healthier; and
Whereas, The United States Tennis Association has declared the month of May as National Tennis Month to encourage players, organizations, facilities, retailers, tennis manufacturers, and more to promote local programs and activities at parks and facilities to showcase tennis and spread the word about the sport and its benefits, and to help players and non-players alike find courts and play opportunities in their communities; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2023 as Tennis Month in the state of Michigan. We extend to all those affiliated with the organization sincere best wishes for the future.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Aiyash moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
Reps. Dievendorf, Edwards, Martus, Miller, Byrnes, Hill, Paiz, Morgan, Coffia, Hope, Steckloff, Neeley, O’Neal, McFall, Hoskins, Brenda Carter, Young, Puri, Haadsma, Tyrone Carter, Glanville, Brixie, MacDonell, Wegela, Wilson, Andrews, McKinney, Brabec, Tsernoglou, Rheingans, Scott and Farhat offered the following resolution:
House Resolution No. 104.
A resolution to declare May 2023 as National Prisoner Family Month in the state of Michigan.
Whereas, Families of the incarcerated
deserve to have the necessary information to advocate and stay connected with
their loved one while they are inside the prison system, allowing them to be
more supportive once their loved one returns home; and
Whereas, The Michigan Department of Corrections has created a Family Reunification Policy to ensure incarcerated individuals are able to interact with their family throughout their term of incarceration and acknowledge families represent a key pillar of success during incarceration and post-release as individuals return to their communities; and
Whereas, The department acknowledges the importance of working constructively with families as a part of its larger mission; and
Whereas, A number of policies and procedures of the criminal legal system and prison system are harmful and build walls between families and prevent family inclusion; and
Whereas, Families of the incarcerated recognize the intersecting systems of oppression and stigma that silence the voices of legal impacted families, particularly people of color, children, women, people with disabilities or mental illness, and people with diverse genders and sexualities; and
Whereas, Not only does parental incarceration increase a child’s risk of living in poverty, it also elevates risk for school problems, mental health diagnoses, family disconnection, drug and alcohol use and delinquent behavior; and
Whereas, African American children and Latino children are at the highest risk of experiencing a parent incarcerated. These children also have a higher chance of being placed in foster care when a mother is incarcerated. In Michigan, black youth represent 50% of those in foster care and are less likely to be reunited with their biological families than white youth; and
Whereas, The National Institute of Justice reports that children whose parents are involved in the criminal justice system, in particular, face a host of challenges and difficulties: psychological strain, antisocial behavior, suspension, or expulsion from school, and criminal activity; and
Whereas, Children of incarcerated people deserve to have a meaningful relationship with their parent and should not be further separated or punished by the taking of their family visits if the family members have not violated visiting rules; and
Whereas, Incarceration is also tied to a number of other negative life outcomes that impact one’s social and economic mobility, including higher rates of homelessness, drug and alcohol abuse, and physical and mental health concerns; and
Whereas, In 2021 Prison Policy Initiative reports that visitation, mail, phone, and other forms of contact between incarcerated people and their families have positive impacts for everyone — including better health, reduced recidivism, and improvement in school; and
Whereas, Families of the incarcerated know firsthand how involvement in the legal system destabilizes and demoralizes families and entire communities, When a person enters prison, they are often the sole provider for their family, causing significant economic hardship; and
Whereas, Families, including those members who are inside and outside of prison, are a powerful driving force in the transformation of the U.S. criminal legal and prison systems; and
Whereas, It is necessary for the input of those impacted families and communities to inform and partner on viable and racially equitable solutions to prevent entanglement in the legal system, improve prison conditions, promote successful reentry, and stop the revolving door to prison; and
Whereas, We envision a society in which families have equitable access to the services and resources needed to keep their loved ones safe and at home; that civil and human rights of those who are incarcerated are respected and upheld; that prisons, jails and community-based programs foster learning and growth by facilitating opportunities for education and employment; and that legal-impacted families have genuine opportunities to participate in decision-making that directly impacts families; and
Whereas, If we want to stop the intergenerational cycle of incarceration, we must intervene with families early, often, and in a way that inspires hope rather than perpetuates trauma; and
Whereas, Families believe that a grassroots network of educated, empowered family advocates is essential to shift the prison culture of shame, fear, and anger to one of support, empowerment, and hope. Families across the state have learned the benefits of becoming connected and supported by others who share this same difficult journey and find it necessary to be connected to such a support system; and
Whereas, Families believe this vision can only be achieved by addressing these oppressive systems that impact the most vulnerable and historically marginalized; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2023 as National Prisoner Family Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
______
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 Thursday, May 4:
House Bill Nos. 4504 4505 4506 4507 4508 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522 4523 4524 4525 4526 4527 4528
Senate Bill Nos. 327 328
The Clerk announced that the following bill had been reproduced and made available electronically on Tuesday, May 9:
Senate Bill No. 329
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koleszar, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Koleszar, Churches, Shannon, Stone, Weiss, Glanville, Conlin, Edwards, Wegela, Greene, Markkanen, Paquette, Wendzel and Johnsen
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hoskins, Chair, of the Committee on Economic Development and Small Business, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Hoskins, Grant, Whitsett, Neeley, Liberati, Coffia, Farhat, Miller, Tisdel, VanWoerkom, Martin, Roth and St. Germaine
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hope, Chair, of the Committee on Criminal Justice, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris and BeGole
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shannon, Chair, of the Committee on Transportation, Mobility and Infrastructure, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Shannon, MacDonell, Coleman, Conlin, Farhat, Fitzgerald, Hoskins, Miller, Roth, Bruck, Kunse and St. Germaine
Absent: Rep. Outman
Excused: Rep. Outman
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tsernoglou, Chair, of the Committee on Elections, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Tsernoglou, Wegela, Hope, Koleszar, Byrnes, Churches,
Smit and DeBoyer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tyrone Carter, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Filler, Wendzel, Aragona, Bierlein and Neyer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Young, Chair, of the Committee on Families, Children and Seniors, was received and read:
Meeting held on: Tuesday, May 9, 2023
Present: Reps. Young, Coffia, Glanville, Arbit, Edwards, MacDonell, Wozniak, Fox, Johnsen and Thompson
Messages from the Governor
Time: 11:38 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4054 (Public Act No. 30, I.E.), being
An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4t (MCL 205.54t), as amended by 2015 PA 205.
(Filed with the Secretary of State on May 8, 2023, at 1:28 p.m.)
Introduction of Bills
Reps. Outman, McFall, MacDonell, Martus, Coleman, Liberati, Bezotte, Wozniak and Bierlein introduced
House Bill No. 4529, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 68 of chapter X (MCL 710.68), as amended by 2012 PA 385.
The bill was read a first time by its title and referred to the Committee on Families, Children and Seniors.
House Bill No. 4530, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 260.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
House Bill No. 4531, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 261.
The
bill was read a first time by its title and referred to the Committee on Tax
Policy.
House Bill No. 4532, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5453, 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5460a, 5461, 5461a, 5462, 5463, 5464, 5465, 5466, 5468, 5469, 5470, 5471, 5472, 5473a, 5474, 5474b, 5474c, 5475, 5476, and 5477 (MCL 333.5453, 333.5454, 333.5455, 333.5456, 333.5457, 333.5458, 333.5459, 333.5460, 333.5460a, 333.5461, 333.5461a, 333.5462, 333.5463, 333.5464, 333.5465, 333.5466, 333.5468, 333.5469, 333.5470, 333.5471, 333.5472, 333.5473a, 333.5474, 333.5474b, 333.5474c[1], 333.5475, 333.5476, and 333.5477), section 5453 as amended by 2008 PA 45, sections 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5462, 5463, 5468, 5471, 5472, 5473a, 5475, 5476, and 5477 as amended by 2002 PA 644, sections 5460a, 5461, 5469, 5470, and 5474 as added by 1998 PA 219, sections 5461a, 5464, 5465, and 5466 as added by 1998 PA 220, section 5474b as added by 2004 PA 432, and section 5474c as added by 2004 PA 433; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Phil Green, Hood, Tisdel and Farhat introduced
House Bill No. 4533, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 678.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
House Bill No. 4534, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 34c and 35 (MCL 791.234c and 791.235), section 34c as added by 2012 PA 24 and section 35 as amended by 2019 PA 13.
The bill was read a first time by its title and referred to the Committee on Elections.
House Bill No. 4535, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 335b.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Aragona, DeBoyer, St. Germaine, Wozniak, Morgan, Mentzer, Shannon and Kuhn introduced
House Bill No. 4536, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by adding section 14b.
The bill was read a first time by its title and referred to the Committee on Elections.
House Bill No. 4537, entitled
A bill to amend 1984 PA 274, entitled “Michigan antitrust reform act,” by amending section 4a (MCL 445.774a), as added by 1987 PA 243.
The
bill was read a first time by its title and referred to the Committee on Labor.
House Bill No. 4538, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 12 and 14 (MCL 423.212 and 423.214), section 14 as amended by 2012 PA 349.
The bill was read a first time by its title and referred to the Committee on Labor.
House Bill No. 4539, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.
The bill was read a first time by its title and referred to the Committee on Government Operations.
House Bill No. 4540, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 135b.
The bill was read a first time by its title and referred to the Committee on Government Operations.
______
Rep. Puri moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 10, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives