No. 1

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

102nd  Legislature

REGULAR  SESSION  OF  2024

 

 

 

 

House Chamber, Lansing, Wednesday, January 10, 2024.

 

12:00 Noon.

 

Pursuant to the requirements of the Constitution, the Representatives assembled in Representative Hall in the Capitol at Lansing on the second Wednesday in January, the 10th of January, 2024 at 12:00 o’clock noon, and in accordance with law, were called to order by the Honorable Joe Tate, Speaker of the House of Representatives.

 

By the direction of the Speaker, the Clerk called the roll of the House of Representatives and announced that a quorum was present.

 

District Name                                             District    Name

1           Tyrone Carter                                  56            Sharon MacDonell

2           Tullio Liberati Jr.                             57            Thomas E. Kuhn

3           Alabas Farhat                                  58            Nate Shannon

4           Karen Whitsett                                59            Douglas C. Wozniak

5           Natalie Price                                    60            Joseph Aragona

6           Regina Weiss                                  61            Denise Mentzer

7           Helena Scott                                    62            Alicia St. Germaine

8           Mike McFall                                   63            Jay DeBoyer

9           Abraham Aiyash                             64            Andrew Beeler

10         Joe Tate                                          65            Jaime Greene

11         Veronica Paiz                                  66            Josh Schriver

12         Kimberly L. Edwards                       67            Phil Green

13         Vacancy                                         68            David W. Martin

14         Donavan McKinney                         69            Jasper Ryan Martus

15         Erin Byrnes                                     70            Cynthia R. Neeley

16         Stephanie A. Young                         71            Brian BeGole

17         Laurie Pohutsky                              72            Mike Mueller

18         Jason Hoskins                                 73            Julie Brixie

19         Samantha Steckloff                          74            Kara Hope

20         Noah Arbit                                      75            Penelope Tsernoglou

21         Kelly Breen                                     76            Angela Witwer

22         Matt Koleszar—excused                  77            Emily Dievendorf

23         Jason Morgan                                  78            Gina Johnsen

24         Ranjeev Puri                                   79            Angela Rigas

25         Vacancy                                         80            Phil Skaggs

26         Dylan Wegela                                  81            Rachel Hood

27         Jaime Churches                               82            Kristian Grant

28         Jamie Thompson                             83            John Fitzgerald

29         James DeSana                                 84            Carol Glanville

30         William Bruck                                 85            Bradley Slagh

31         Reggie Miller                                  86            Nancy DeBoer

32         Jimmie Wilson Jr.                            87            Will Snyder

33         Felicia Brabec—excused                  88            Greg VanWoerkom

34         Dale W. Zorn                                  89            Luke Meerman

35         Andrew Fink                                   90            Bryan Posthumus

36         Steve Carra                                     91            Pat Outman

37         Brad Paquette                                  92            Jerry Neyer

38         Joey Andrews                                 93            Graham Filler

39         Pauline Wendzel                              94            Amos O’Neal

40         Christine Morse                               95            Bill G. Schuette

41         Julie M. Rogers                               96            Timothy Beson

42         Matt Hall                                         97            Matthew Bierlein

43         Rachelle M. Smit                             98            Gregory L. Alexander

44         Jim Haadsma                                  99            Mike Hoadley

45         Sarah Lightner                                100          Tom Kunse

46         Kathy Schmaltz                               101          Joseph D. Fox

47         Carrie Rheingans                             102          Curt VanderWall

48         Jennifer Conlin                                103          Betsy Coffia

49         Ann Bollin                                      104          John R. Roth

50         Robert J. Bezotte                             105          Ken Borton

51         Matt Maddock—excused                  106          Cam Cavitt

52         Mike Harris                                    107          Neil W. Friske

53         Brenda Carter                                  108          David Prestin—excused

54         Donni Steele                                   109          Jenn Hill

55         Mark Tisdel—excused                     110          Gregory Markkanen—excused

 

 

Fr. Tim McCabe, Pastor of Pope Francis Center in Detroit, offered the following invocation:

 

“We take a moment as we begin this first legislative session of the year 2024, to pause and to give thanks and praise to You, Almighty God, for You are the God of Life and the source of all of our strength and all that is good.

We ask You Divine Spirit, to send Your blessing and guidance to these Your servants gathered in this place today. These, Your beloved sons and daughters in this chamber, have answered Your call to serve the people of our great state of Michigan, and to protect and defend this fragile experiment in America we call democracy. Rarely-- if ever-- has courageous leadership been so required of this Body of Your public servants.

Yes, God of Life, courageous leadership in these dark times, to refuse to allow bomb threats and death threats and threats of all kinds, to deter us from the important work of governing. And so, we call upon You, Great Spirit, to spread Your armor of protection and care around each and every one of them. We beseech You to keep them safe from all evil and harm.

There is an even greater courage You call them to in this moment in history: the courage to restore civility, heal our wounds, mend our brokenness. We know that You, God of Love, call us to care for --and not exploit--the poor and the least of these among us. We know that You hold precious all of our citizens and that You ask us to care for--and value --the dignity of worth of all people regardless of whether they look like us, or pray like us, or love like us. We know that You will judge our success not by the economic gains of the wealthiest in our state, but by how we lift up and care for the least among us.

Send down Your Spirit to guide us so that we may courageously put aside divisive and demonizing language recognizing that our differences are our strength, and that those across the aisle from us, care for our state as much as we do.

Do not allow our differences to prevent us from working together in solidarity and unity.

Help us Lord to make all of our decisions and choices on the side of love not hate; inclusion not exclusion; acceptance and not rejection.

You call this legislative body to be the beacon of light for our nation, to be the example of disagreement with civility, differences with respect. Makes of us beacons of what true servant leadership looks like. This, almighty God, is our highest calling and Your deepest desire for us.

Help us Lord to hold on and not grow weary when the going gets tough, knowing that Your mighty hand guides and protects us as we seek to love justice and show mercy.

We offer these prayers in Jesus name and in the name of all Your Holy people.”

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

______

 

 

Rep. Aiyash moved that Reps. Brabec, Koleszar, Maddock, Markkanen, Prestin and Tisdel be excused from today’s session.

The motion prevailed.

 

 

Messages from the Senate

 

 

January 10, 2024

The Honorable Joseph Tate

Speaker of the House of Representatives

Capitol Building

Lansing, Michigan 48913

 

Dear Mr. Speaker:

By direction of the Senate, I hereby notify you that a quorum of the Senate has assembled and is ready to proceed with the business of the session.

                                                                                       Very respectfully,

                                                                                       Daniel Oberlin

                                                                                       Secretary of the Senate

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Rep. Aiyash moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 227.

The motion prevailed.

 

 

______

 

 

The Speaker resumed the Chair.

 

 

Messages from the Senate

 

 

Senate Concurrent Resolution No. 12.

A concurrent resolution of tribute offered as a memorial for Doug Cruce, former member of the Michigan Senate and Michigan House of Representatives.

Whereas, It is with great sadness that we learned of the passing of former Senator Doug Cruce. Mr. Cruce exemplified leadership and selflessness as he loyally served his constituents in the Sixteenth Senatorial District and the Seventy-first Representative District, both of which consisted of parts of Oakland County; and

Whereas, Mr. Cruce was born in Poplar Bluff, Missouri to the late Manual D. Cruce and T. Pearl Crank. A Warren High School graduate, Mr. Cruce earned his bachelor’s degree from Wayne State University and a master’s degree from Villanova University. He served his country as a marine guard in the United States Marine Corps in Moscow and Bonn from 1966 until 1969 and was a member of the American Legion, the Marine Corps League, and the Marine Embassy Guard Association. After his faithful service in the military, Mr. Cruce worked as a real estate broker with Douglas Management. Mr. Cruce was an active leader in his community who founded the Legislative Explorer Scouts, a group for high school students interested in state government, and served on numerous other boards, including the Board of Trustees for the Metro Detroit Chapter of Cystic Fibrosis Foundation, the Board of Directors of the American Legislative Exchange Council, and the Boys and Girls Club of Troy Advisory Board. He also served as president of the Michigan Insurance Federation. A person of many talents and interests, Mr. Cruce played in the World Series of Poker. He is survived by his wife, Anne, after over 50 years of marriage; children, Jean, Laura, and Charles; seven grandchildren; and his brother, Thomas; and

Whereas, Doug Cruce was first elected to the House of Representatives in 1980. In 1982, Mr. Cruce was elected to the Michigan Senate, where he served until his resignation in 1991. During his tenure, he chaired the Labor Committee and the Appropriations Subcommittees on Mental Health and Transportation; was a vice chair for the Committee on City Government and the State Affairs, Veterans, and Transportation Committee; and served as a member on numerous committees, including the committees on Appropriations, Commerce, Government Operations, and Insurance as well as the Appropriations Subcommittees on Budget and Oversight, Regulatory, Retirement, and Transportation. In addition to his committee assignments, he also served one term as a member of the Legislative Council. His passion for policy and representing his constituents will serve as an example for those who follow in his footsteps; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Doug Cruce, a loyal servant of Michigan’s Legislature from 1981 to 1991; and be it further

Resolved, That copies of this resolution be transmitted to the family of Doug Cruce as a sign of our deepest condolences.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted by unanimous standing vote.

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Rep. Aiyash moved that when the House adjourns today it stand adjourned until Tuesday, January 16, at 1:30 p.m.

The motion prevailed.

 

 

Notices

 

 

January 10, 2023

Mr. Rich Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

 

Dear Mr. Clerk:

I am making the following changes to committees for the 102nd Legislature:

Representative Nate Shannon will be removed from Natural Resources, Environment, Tourism and Outdoor Recreation

Representative Nate Shannon will be added to Military, Veterans, and Homeland Security

Representative Kara Hope will be removed from Military, Veterans, and Homeland Security

Representative Penelope Tsernoglou will be added to Insurance and Financial Services

Representative Jennifer Conlin will be added to Agriculture

Representative Samantha Steckloff will be added to Energy, Communications, and Technology

Representative Kimberly Edwards will be added to Transportation, Mobility, and Infrastructure

                                                                                       Sincerely,

                                                                                       Joe Tate

                                                                                       Speaker of the House

 

 

Pursuant to Rule 41, the Speaker has made the following referrals:

House Bill No. 5350 referred to the Committee on Insurance and Financial Services.

House Bill No. 5351 referred to the Committee on Government Operations.

House Bill No. 5354 referred to the Committee on Insurance and Financial Services.

House Bill No. 5355 referred to the Committee on Insurance and Financial Services.

House Bill No. 5356 referred to the Committee on Insurance and Financial Services.

House Bill No. 5357 referred to the Committee on Insurance and Financial Services.

House Bill No. 5358 referred to the Committee on Insurance and Financial Services.

House Bill No. 5359 referred to the Committee on Insurance and Financial Services.

House Bill No. 5360 referred to the Committee on Insurance and Financial Services.

House Bill No. 5361 referred to the Committee on Insurance and Financial Services.

House Bill No. 5362 referred to the Committee on Insurance and Financial Services.

House Bill No. 5363 referred to the Committee on Insurance and Financial Services.

House Bill No. 5364 referred to the Committee on Insurance and Financial Services.

House Bill No. 5365 referred to the Committee on Insurance and Financial Services.

House Bill No. 5366 referred to the Committee on Insurance and Financial Services.

House Bill No. 5367 referred to the Committee on Insurance and Financial Services.

 

 

Messages from the Governor

 

 

The following message from the Governor was received January 5, 2024 and read:

 

EXECUTIVE ORDER

No. 2024-1

Michigan Developmental Disabilities Council

Department of Health & Human Services

 

To receive funding, federal law requires that each state establish and maintain a council to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated and comprehensive system of community services, individualized support, and other forms of assistance beneficial to individuals with developmental disabilities. Executive Order 2016-20 reconstituted the Michigan Developmental Disabilities Council (“the Council”) for that purpose: to ensure that resources were developed, implemented, and coordinated to achieve the maximum impact for the current and future needs of individuals with developmental disabilities and their families.

Today, the Council is a group of 21 individuals from across the state whose vision is that all people with disabilities are supported to live self-determined and self-directed lives in a diverse and inclusive community. In continued support of the Council’s mission and vision, and to maintain compliance with federal law, I am now acting to enlarge the Council’s membership to 25 to include additional voices and advance the Council’s important purpose.

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

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

Pursuant to 42 U.S.C. § 15025, certain changes to the Michigan Developmental Disabilities Council are needed. These changes will ensure the efficient administration and effectiveness of government, as well as compliance with federal law.

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

   1.  Council Enlargement

        (a) The Michigan Developmental Disabilities Council (“the Council”) shall continue to serve as the state council on developmental disabilities as required under Section 125 of the Developmental Disabilities Act, 42 U.S.C. § 15025.

        (b) The Department of Health & Human Services shall continue to serve as the state agency designated to provide support to the Council on behalf of this state as provided under Sections 124 and 125(d) of the Developmental Disabilities Act, 42 U.S.C. § 15024–15025.

        (c) The requirements of Executive Order 2016-20 shall remain in force except as specifically amended by this Order.

        (d) The Council’s membership shall be enlarged to include an additional four (4) members. Of those members:

             (i)   Two (2) shall be individuals with developmental disabilities, and

             (ii)  Two (2) shall be a parent or guardian of a child with developmental disabilities.

        (e) The requirement of Section II.F of Executive Order 2016-20 shall remain in effect and shall apply to the members added in Section 1(d) of this Order.

        (f) The newly appointed members shall be appointed and serve as outlined in Executive Order 2016‑20. Vacancies shall be filled as specified in Section II.I of that Order. In addition, the newly appointed members shall not be any of the types of employees described in Section II.G of that Order.

        (g) The members initially appointed in accordance with this Order as described in Section 1(d) shall be appointed to terms expiring September 30, 2026. After the expiration of the initial terms, members of the Council shall be appointed for terms of four years. The members initially appointed in accordance with Section 1(d) of this Order may serve no more than one full term. Successors may serve up to two full terms.

   2.  Enforceability. This Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party.

   3.  Severability. The provisions of this Order are severable and if any provision, or portion thereof, is held unconstitutional or otherwise invalid, such unconstitutionality or invalidity does not affect the remaining provisions, which remain in force.

This Order is effective immediately.

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

Date:  January 5, 2024

Time: 8:30 a.m.

                                         [SEAL]                                  GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor

                                                                                       Jocelyn Benson

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

Explanation of “No” Votes

 

 

Rep. Prestin, having reserved the right to explain his protest against the passage of Senate Bill Nos. 613-616, made the following statement:

“Mr. Speaker and members of the House:

In November 2022, the Michigan voters approved ballot Proposal 1, a proposal to require Michigan’s legislators, governor, lieutenant governor, secretary of state, and attorney general to file annual public financial disclosure reports after 2023. Specifically, the proposal requires disclosure of assets, liabilities, income sources, future employment agreements, gifts, travel reimbursements, and positions held in organizations except religious, social, and political organizations. What is included in Senate Bill 613-616 is not the level of transparency the people of Michigan expect and deserve under the Michigan Constitution.

Amendments were offered to require a disclosure of personal assets into more specific income levels, to require the disclosure of immediate family members who have a conflict of interest in the work we do, and to tie-bar this legislation to the meaningful ethics plan that House Democratic leadership has buried in committee. Without these amendments, this legislation does have an enforcement mechanism that would hold bad actors accountable. These bills fall short of the transparency people expect from their elected officials, and they fall way short of the ethical standard the people deserve. I must vote no.”

Communications from State Officers

 

 

The following communication from the Department of State Police was received and read:

 

             January 1, 2024

Pursuant to Public Act 372 of 1927, as amended, enclosed is a copy of the Concealed Pistol License (CPL) Annual Report. This report details the CPL activity between October 1, 2022, and September 30, 2023.

If you have any questions regarding the information in this report, please feel free to contact the Michigan State Police, Concealed Pistol License Unit at 517-284-3700.

                                                                                       Sincerely,

                                                                                       COL. JAMES F. GRADY II

                                                                                       DIRECTOR

The communication was referred to the Clerk.

 

 

Introduction of Bills

 

 

Rep. McKinney introduced

House Bill No. 5390, entitled

A bill to create the juveniles in incarceration education board and the juveniles in incarceration education fund; to prescribe the membership of the juveniles in incarceration education board; to prescribe the duties and responsibilities of the juveniles in incarceration education board; to provide for the distribution and expenditure of funds; and to provide grants to certain entities for certain purposes.

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

 

 

Rep. Friske introduced

House Bill No. 5391, entitled

A bill to amend 2012 PA 176, entitled “Mozelle senior or vulnerable adult medical alert act,” by amending the title and section 5 (MCL 28.715).

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

 

 

Rep. Lightner introduced

House Bill No. 5392, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2022 PA 199.

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

 

 

______

 

 

Rep. Farhat moved that the House adjourn.

The motion prevailed, the time being 1:20 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, January 16, at 1:30 p.m.

 

 

RICHARD J. BROWN

Clerk of the House of Representatives