No. 41

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

 

 

Date: May 8, 2023

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.

 

 

Reps. Martus, Snyder, Dievendorf, Glanville, Farhat, Rogers, McFall, O’Neal, Neeley, Skaggs, Brenda Carter and Hoskins introduced

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.

 

 

Reps. Snyder, Skaggs, Rogers, Martus, Neeley, O’Neal, Brenda Carter, Hoskins and Glanville introduced

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.

Reps. Hood, Byrnes, Brabec, Martus, Glanville, Steckloff, Wilson, Scott, Morgan, Hill, Neeley, O’Neal, Farhat, MacDonell, Dievendorf, Grant, Churches, Rheingans, Breen and Snyder introduced

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.

 

 

Reps. Stone, Byrnes, Glanville, Brabec, McKinney, Steckloff, Price, Brixie, Scott, Wilson, Dievendorf and Hood introduced

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.

 

 

Reps. Stone, Brabec, McKinney, Steckloff, Price, Brixie, Scott, Dievendorf, Hood, Hill and Byrnes introduced

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.

 

 

Reps. Andrews, Coleman, Wegela, Wilson, Dievendorf, Hood, MacDonell, Brixie, Rheingans, Scott, Tsernoglou, Byrnes, McFall and Mentzer introduced

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.

Reps. Andrews, Coleman, Wegela, Wilson, Dievendorf, Hood, MacDonell, Rheingans, Rogers, Scott, Tsernoglou, Byrnes, Mentzer, Arbit and Price introduced

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.

 

 

Rep. Paquette introduced

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.

 

 

Rep. Paquette introduced

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