No. 15

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

102nd  Legislature

REGULAR  SESSION  OF  2024

 

 

 

 

House Chamber, Lansing, Tuesday, February 20, 2024.

 

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     Maddock—present        Schmaltz—present

Alexander—present        Edwards—present         Markkanen—present     Schriver—present

Andrews—present          Farhat—present            Martin—present            Schuette—present

Aragona—present          Filler—excused            Martus—present           Scott—present

Arbit—present               Fink—present               McFall—present           Shannon—present

Beeler—present             Fitzgerald—present       McKinney—present      Skaggs—present

BeGole—present            Fox—present                Meerman—present        Slagh—present

Beson—present              Friske—present            Mentzer—present         Smit—present

Bezotte—present            Glanville—present        Miller—present            Snyder—present

Bierlein—present           Grant—present             Morgan—present          St. Germaine—present

Bollin—present              Green, P.—present        Morse—present            Steckloff—present

Borton—present             Greene, J.—present       Mueller—present          Steele—present

Brabec—present            Haadsma—present        Neeley—present           Tate—present

Breen—present              Hall—present               Neyer—present             Thompson—present

Brixie—present              Harris—present            O’Neal—present           Tisdel—present

Bruck—present              Hill—present                Outman—present          Tsernoglou—present

Byrnes—present            Hoadley—present         Paiz—present               VanderWall—present

Carra—present               Hood—present             Paquette—present         VanWoerkom—present

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

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

Cavitt—present              Johnsen—present          Prestin—present           Wendzel—present

Churches—present         Koleszar—present         Price—excused             Whitsett—present

Coffia—present             Kuhn—present             Puri—present               Wilson—present

Conlin—present             Kunse—present            Rheingans—present      Witwer—present

DeBoer—present           Liberati—present          Rigas—present             Wozniak—present

DeBoyer—present          Lightner—present         Rogers—present           Young—present

DeSana—present           MacDonell—present     Roth—present              Zorn—present

 

e/d/s = entered during session

Rep. Tyrone Carter, from the 1st District, offered the following invocation:

 

“Our Father, Who art in heaven, we thank You for this day and this opportunity to come together to discuss those things that will help those we serve. We ask that You will be with us in our decision-making and guide us in the proper direction.

We thank You for the progress on the issues in the past that have come before us. We ask that You will be with the speakers and others who will present ideas that we can implement to make our state and those we represent better.

Give us the wisdom and knowledge that we will discuss these issues without prejudice or malice. May we be courteous and respectful to all those who come before us.

Bless our families, and those we serve, that we may lead and guide them in their best interests. Be with us in our session today and guide us in our decision-making. Forgive us of our short-comings, and may we continue to keep in mind the honored-privilege to serve our districts and community.

Guide us and bless us that we continue working together in the future that we may make Michigan the best that it can ever be. May we continue to look forward to the future and the guidance that You alone, God can give us. This, we ask in Your Son’s name, Jesus Christ. Amen.”

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

______

 

 

Rep. Aiyash moved that Reps. Filler and Price be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Lightner, Bollin, Smit, Hall, Neyer, Posthumus, Thompson, Beeler, Zorn, Prestin, Beson, Roth, Schmaltz, Aragona, Slagh, Wozniak, Bezotte, Phil Green, DeSana, Fox, Borton, Steele, Kuhn, Witwer, Miller, Snyder, McFall, Mentzer, Andrews, Tsernoglou, Brixie, Haadsma, Rogers, Glanville, Alexander, Breen and Fitzgerald offered the following resolution:

House Resolution No. 193.

A resolution to declare February 17-24, 2024, as National FFA Week in the state of Michigan.

Whereas, Future Farmers of America (FFA) was established in 1928 and is now known as the National FFA Organization. In 1950, Congress granted FFA a federal charter, making it a vital part of public agricultural instruction under the National Vocational Education Act; and

Whereas, The National FFA Organization is comprised of 945,988 members in grades seven through twelve; and

Whereas, These members belong to one of 9,163 local FFA chapters throughout the United States, Puerto Rico, and the U.S. Virgin Islands; and  

Whereas, FFA operates on local, state, and national levels. Student members belong to chapters at the local level where agricultural educators serve as chapter advisors; and

Whereas, FFA members elect their own student officers that plan and conduct activities with supervision from their advisors; and  

Whereas, States conduct annual conventions where members can demonstrate their proficiency in competitions based on real-world agricultural skills; and  

Whereas, Local, state, and national FFA programs help members develop public speaking skills, conduct and participate in meetings, manage financial matters, strengthen problem-solving abilities, and assume civic responsibilities; and  

Whereas, The National FFA convention is the organization’s premier gathering during which competitors are recognized nationally; and

Whereas, The National FFA Organization has expanded opportunities in the agricultural industry. The FFA helps members prepare for careers in agribusiness, agri-marketing, science, communications, education, horticulture, production, natural resources, forestry, and other diverse fields; and

Whereas, Members of the FFA strengthen their communities through service and preparation of the next generation of leaders to conquer challenges; and

Whereas, There are more than 704,297 FFA Alumni and Supporters across the country that support and advocate for agricultural education; and

Whereas, Members of the FFA Organization will celebrate National FFA Week during the week of February 17 through 24, 2024; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 17‑24, 2024, as National FFA Week in the state of Michigan. We encourage all citizens to recognize and celebrate the important role of the National FFA Organization in building valuable skills through hands-on learning and developing young students for leadership, personal growth, and career success.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Second Reading of Bills

 

 

House Bill No. 4101, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17609 (MCL 333.17609), as amended by 2010 PA 304.

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

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

 

Rep. VanderWall moved to substitute (H-2) the bill.

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

Rep. VanderWall 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

Third Reading of Bills

 

 

House Bill No. 4312, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 123 (MCL 450.2123), as amended by 2014 PA 557.

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

 

 

Roll Call No. 11                                      Yeas—88

 

 

Alexander                          Dievendorf              McFall                                   Scott

Andrews                           Edwards                  McKinney                              Shannon

Aragona                            Farhat                      Meerman                               Skaggs

Arbit                                 Fink                         Mentzer                                 Slagh

Beeler                                Fitzgerald                 Miller                                     Snyder

BeGole                              Fox                          Morgan                                  St. Germaine

Beson                                Glanville                  Morse                                    Steckloff

Bezotte                              Grant                       Mueller                                  Tate

Bierlein                             Green, P.                  Neeley                                   Thompson

Borton                               Haadsma                 Neyer                                     Tisdel

Brabec                               Hall                         O’Neal                                   Tsernoglou

Breen                                Harris                      Outman                                  VanderWall

Brixie                                Hill                          Paiz                                        VanWoerkom

Bruck                                Hood                       Paquette                                 Wegela

Byrnes                              Hope                       Posthumus                             Weiss

Carter, B.                           Hoskins                   Prestin                                   Wendzel

Carter, T.                           Koleszar                  Puri                                        Whitsett

Churches                           Kunse                      Rheingans                              Wilson

Coffia                                Liberati                    Rogers                                   Witwer

Conlin                               MacDonell               Roth                                       Wozniak

DeBoer                              Martin                     Schmaltz                                Young

DeBoyer                            Martus                     Schuette                                 Zorn

 

 

                                                              Nays—18

 

 

Aiyash                              Friske                      Lightner                                 Rigas

Bollin                                Greene, J.                 Maddock                                Schriver

Carra                                 Hoadley                   Markkanen                             Smit

Cavitt                                Johnsen                   Pohutsky                                Steele

DeSana                              Kuhn                                                                    

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4313, entitled

A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining, and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation, or amusement; to provide for the powers and duties of certain state governmental officers and entities; and to repeal acts and parts of acts,” (MCL 455.1 to 455.24) by adding section 19.

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

 

 

Roll Call No. 12                                      Yeas—86

 

 

Alexander                          Edwards                  McKinney                              Scott

Andrews                           Farhat                      Meerman                               Shannon

Aragona                            Fink                         Mentzer                                 Skaggs

Arbit                                 Fitzgerald                 Miller                                     Slagh

Beeler                                Fox                          Morgan                                  Snyder

BeGole                              Glanville                  Morse                                    Steckloff

Beson                                Grant                       Mueller                                  Tate

Bezotte                              Green, P.                  Neeley                                   Thompson

Bierlein                             Haadsma                 Neyer                                     Tisdel

Borton                               Hall                         O’Neal                                   Tsernoglou

Brabec                               Harris                      Outman                                  VanderWall

Breen                                Hill                          Paiz                                        VanWoerkom

Brixie                                Hood                       Paquette                                 Wegela

Bruck                                Hope                       Posthumus                             Weiss

Byrnes                              Hoskins                   Prestin                                   Wendzel

Carter, B.                           Koleszar                  Puri                                        Whitsett

Carter, T.                           Kunse                      Rheingans                              Wilson

Churches                           Liberati                    Rogers                                   Witwer

Coffia                                MacDonell               Roth                                       Wozniak

Conlin                               Martin                     Schmaltz                                Young

DeBoer                              Martus                     Schuette                                 Zorn

Dievendorf                        McFall                                                                  

 

 

                                                              Nays—20

 

 

Aiyash                              DeSana                    Kuhn                                     Rigas

Bollin                                Friske                      Lightner                                 Schriver

Carra                                 Greene, J.                 Maddock                                Smit

Cavitt                                Hoadley                   Markkanen                             St. Germaine

DeBoyer                            Johnsen                   Pohutsky                                Steele

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

______

 

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

 

 

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

House Bill Nos.     5447   5448   5449   5450  5451  5452

Senate Bill Nos.      719    720

 

 

Reports of Standing Committees

 

 

The Committee on Transportation, Mobility and Infrastructure, by Rep. Shannon, Chair, reported

House Bill No. 5151, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 30c.

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. Shannon, MacDonell, Conlin, Edwards, Farhat, Fitzgerald, Hoskins, Miller, Outman, Roth, Bruck, Kunse and St. Germaine

Nays: None

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, February 20, 2024

Present: Reps. Shannon, MacDonell, Conlin, Edwards, Farhat, Fitzgerald, Hoskins, Miller, Outman, Roth, Bruck, Kunse and St. Germaine

 

 

The Committee on Regulatory Reform, by Rep. Tyrone Carter, Chair, reported

House Bill No. 4603, entitled

A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of this state by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, certain public or private school buildings or additions to those buildings and by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, buildings leased or acquired for school purposes; to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 1, 1a, and 2 (MCL 388.851, 388.851a, and 388.852), section 1 as amended by 2004 PA 510 and section 2 as amended by 2002 PA 627.

With the recommendation that the substitute (H-2) 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. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Wendzel, Aragona, Bierlein and Neyer

Nays: None

 

 

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, February 20, 2024

Present: Reps. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Wendzel, Aragona, Bierlein and Neyer

Absent: Rep. Filler

Excused: Rep. Filler

 

 

Messages from the Senate

 

 

House Bill No. 4824, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20120a (MCL 324.20120a), as amended by 2018 PA 581.

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. 4825, entitled

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 66 (MCL 38.1666), as added by 2018 PA 674.

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. 4826, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 33, 39a, 41, 42, 43, 44, 47, and 48 (MCL 24.233, 24.239a, 24.241, 24.242, 24.243, 24.244, 24.247, and 24.248), as amended by 2018 PA 267; and to repeal acts and parts of acts.

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.

 

 

Communications from State Officers

 

 

The following communications from the Secretary of State were received and read:

 

Notices of Filing

Administrative Rules

 

February 6, 2024

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2023-054-LE (Secretary of State
Filing #24-02-01) on this date at 9:53 A.M. for the Department of Labor and Economic Opportunity entitled, “Part 11. Recording and Reporting of Occupational Injuries and Illnesses”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

February 9, 2024

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2023-072-ED (Secretary of State
Filing #24-02-02) on this date at 9:46 A.M. for the Department of Education entitled, “Teachers’ Tenure Act Definition of Certificated”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Lashana Threlkeld, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Clerk.

 

 

Introduction of Bills

 

 

Reps. Rogers, Scott, Rheingans, Grant, Edwards, Young, Neeley, Dievendorf, Byrnes, Hope, Hood, McFall, Tsernoglou, Price, Paiz, Morgan and Brabec introduced

House Bill No. 5453, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 5d (MCL 432.105d), as added by 1999 PA 108.

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

 

 

Reps. Paquette, Thompson, Kunse, Smit, Price, Bezotte, Wozniak, Fox and Mentzer introduced

House Bill No. 5454, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4ll (MCL 205.94ll), as added by 2023 PA 14.

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

Reps. Paquette, Thompson, Kunse, Smit, Price, Bezotte, Wozniak, Fox and Mentzer introduced

House Bill No. 5455, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4ll (MCL 205.54ll), as added by 2023 PA 15.

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

 

 

Reps. Conlin, Rogers, MacDonell, Martus, Dievendorf, Byrnes, Paiz, Neeley, Bezotte, Scott, McFall, Hood and Morgan introduced

House Bill No. 5456, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310a (MCL 380.1310a), as amended by 2016 PA 532.

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

 

 

Reps. Scott, McFall, Byrnes, Brabec, Hope, Mentzer, Neeley, O’Neal, MacDonell, Glanville, Martus, Rheingans, Dievendorf, Brenda Carter, Hoskins, Edwards, Wilson, Breen, Young, Rogers, Churches, Tyrone Carter, Morse, Snyder, Grant, Steckloff, Hill, Farhat and Whitsett introduced

House Bill No. 5457, entitled

A bill to amend 2020 PA 224, entitled “Broadband expansion act of Michigan,” by amending section 2 (MCL 484.3252).

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

 

 

Reps. O’Neal, Hope, Neeley, Farhat, Brenda Carter, Dievendorf, Rheingans, Wilson, Haadsma, Byrnes, Glanville, Scott, Hood, Weiss, Young and Tyrone Carter introduced

House Bill No. 5458, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 106c.

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

 

 

Reps. O’Neal, Alexander, Neeley, Hope, Farhat, Brenda Carter, Dievendorf, Rheingans, Haadsma, Byrnes, Glanville, Scott, Bezotte, Hood, Weiss and Tyrone Carter introduced

House Bill No. 5459, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2024; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

 

 

Reps. Edwards, McKinney, Neeley, Scott, Grant, Young, Brenda Carter, Hoskins, Wilson, Brabec, Tyrone Carter, Aiyash and Whitsett introduced

House Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article I, to prohibit slavery or involuntary servitude for the punishment of crime.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

 

 

______

 

 

Rep. Churches moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 21, at 1:30 p.m.

 

 

RICHARD J. BROWN

Clerk of the House of Representatives