No. 34
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
103rd Legislature
REGULAR SESSION OF 2025
|
House Chamber, Lansing, Tuesday, April 15, 2025.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Alexander—present | Foreman—present | McFall—present | Schuette—present |
Andrews—present | Fox—present | McKinney—present | Scott—present |
Aragona—present | Frisbie—present | Meerman—present | Skaggs—present |
Arbit—present | Glanville—present | Mentzer—present | Slagh—present |
BeGole—present | Grant—excused | Miller—present | Smit—present |
Beson—present | Green, P.—present | Morgan—present | Snyder—present |
Bierlein—present | Greene, J.—excused | Mueller—present | St. Germaine—present |
Bohnak—present | Hall—present | Myers-Phillips—present | Steckloff—present |
Bollin—present | Harris—present | Neeley—present | Steele—present |
Borton—present | Herzberg—present | Neyer—present | Tate—present |
Breen—present | Hoadley—present | O’Neal—present | Thompson—present |
Brixie—present | Hope—present | Outman—present | Tisdel—present |
Bruck—present | Hoskins—present | Paiz—excused | Tsernoglou—present |
Byrnes—present | Jenkins-Arno—present | Paquette—present | VanderWall—present |
Carra—present | Johnsen—present | Pavlov—present | VanWoerkom—present |
Carter, B.—present | Kelly—present | Pohutsky—present | Wegela—present |
Carter, T.—present | Koleszar—present | Posthumus—present | Weiss—present |
Cavitt—present | Kuhn—excused | Prestin—present | Wendzel—present |
Coffia—excused | Kunse—present | Price—present | Whitsett—excused |
Conlin—present | Liberati—present | Puri—present | Wilson—present |
DeBoer—present | Lightner—present | Rheingans—present | Witwer—present |
DeBoyer—present | Linting—present | Rigas—present | Wooden—present |
DeSana—present | Longjohn—present | Robinson—present | Woolford—present |
Dievendorf—present | MacDonell—present | Rogers—present | Wortz—present |
Edwards—present | Maddock—present | Roth—present | Wozniak—present |
Fairbairn—present | Markkanen—present | Schmaltz—present | Xiong—present |
Farhat—present | Martin—present | Schriver—present | Young—present |
Fitzgerald—present | Martus—present |
|
|
e/d/s = entered during session
Rabbi Asher Lopatin, Rabbi of Kehillat Etz Chayim in Oak Park, offered the following invocation:
“Let us pray, at this festive time in the midst of the Jewish holiday of Passover, the holiday of freedom from the slavery of Egypt for the ancient of Israelites and freedom for all of us from oppression and injustice, and let us pray on this week between the Christian holidays of Palm Sunday and Easter Sunday. We stand only a bit more than two weeks after the Muslim holiday of Eid, and only three weeks ago our Hindu brothers and sisters celebrated their own holiday of Holi, the Festival of Colors. May we all continue to enjoy our own distinct days of joy and celebration while loving each other for our different ways of showing how grateful we are to be part of this great state of Michigan and this wonderful world we live in. May God bless us in our diversity, may God help us see the richness that comes from our unique selves, and may God allow us to truly make this a world that respects every human being and every creation on earth. May God bless this great assembly of the leaders of our state, and give each and every one of you, who work so hard for our blessed state, the strength to promote love, freedom, success and fulfillment so that Michigan, pure Michigan, can lead the way in showing America and the whole world how we can all work together to make this place work for each and every one of us. God, give us faith, hope, optimism and vision, and let us say, Amen.”
______
Rep. Fitzgerald moved that Reps. Coffia, Grant, Paiz and Whitsett be excused from today’s session.
The motion prevailed.
Rep. Posthumus moved that Reps. Kuhn and Jaime Greene be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. McFall, Harris, Robinson, MacDonell, Martus, Wilson, Snyder, Liberati, Rheingans, Breen, Mentzer, Koleszar, Skaggs, Wooden, Morgan, Farhat, Arbit, Conlin and Paiz offered the following resolution:
House Resolution No. 56.
A resolution to declare April 2025 as Scottish-American Heritage Month in the state of Michigan.
Whereas, On April 6, 1320, Scottish King Robert I signed the Declaration of Arbroath. This was a letter written to Pope John XXII, responding to his excommunication from the church because the King refused to stop fighting for Scottish Independence; and
Whereas, Scots first came to North America during the colonial era. Many came over due to the British 1717 Transportation Act which established a convict bond service punishment and transportation to North America. A few decades later, following Scottish defeat at the hands of the English in the 1746 Battle of Culloden, Scottish immigration continued to grow in North America; and
Whereas, There are now over 200,000 Scottish-Americans living in Michigan and April is a time to reflect and celebrate Scottish roots; and
Whereas, Now Scots and Scottish Americans celebrate their independence through Tartan Day and Tartan Month. A tartan is a patterned cloth consisting of crossed, horizontal, and vertical bands in multiple colors, originally made from woven wool. Tartan patterns are typically associated with traditional Scottish kilts. Sometimes tartan is confused with plaid, but tartan is specifically woven both horizontally and vertically into the fabric. Tartan has a long history in Scotland; and
Whereas, National Tartan Day was first proposed in Canada in 1986 before the celebration of culture and history came to the United States in 1998; and
Whereas, On Tartan Day, April 6, 2009, the formation of the Scottish American Society of Michigan was announced, a new and different Scottish group whose goal is preserving and furthering Scottish heritage throughout Michigan, as well as to help charitable organizations and individuals in need; and
Whereas, In Michigan, we have the oldest Scottish society in the country, St. Andrew’s Society of Detroit, founded in 1849. St. Andrews celebrates Scottish heritage in their annual Highland Games, the oldest continuous games in North America, celebrating 174 years of competition and tradition this year; now, therefore, be it.
Resolved by the House of Representatives, That the members of this legislative body declare April 2025 as Scottish-American Heritage Month in the state of Michigan.
The question being on the adoption of the resolution,
Rep. Posthumus moved that consideration of the resolution be postponed for the day.
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, March 27:
House Bill Nos. 4305 4306 4307 4308 4309 4310
Reports of Standing Committees
The Committee on Energy, by Rep. Wendzel, Chair, reported
House Bill No. 4007, entitled
A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending section 3 (MCL 460.1003), as amended by 2023 PA 235.
With the recommendation that the bill be referred to the Committee on Rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wendzel, Prestin, Martin, BeGole, DeBoer, Schmaltz, Thompson, Fairbairn, Frisbie, Linting, Tate and Liberati
Nays: Reps. Brixie and Myers-Phillips
The recommendation was concurred in and the bill was referred to the Committee on Rules.
The Committee on Energy, by Rep. Wendzel, Chair, reported
House Bill No. 4283, entitled
A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending sections 28, 29, and 32 (MCL 460.1028, 460.1029, and 460.1032), sections 28 and 29 as amended and section 32 as added by 2023 PA 235, and by adding section 34.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wendzel, Prestin, Martin, BeGole, DeBoer, Schmaltz, Thompson, Fairbairn, Frisbie, Linting, Tate and Liberati
Nays: Rep. Brixie
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wendzel, Chair, of the Committee on Energy, was received and read:
Meeting held on: Tuesday, April 15, 2025
Present: Reps. Wendzel, Prestin, Martin, BeGole, DeBoer, Schmaltz, Thompson, Fairbairn, Frisbie, Linting, Tate, Brixie, Liberati, Andrews, Herzberg and Myers-Phillips
Absent: Rep. Coffia
Excused: Rep. Coffia
The Committee on Finance, by Rep. Tisdel, Chair, reported
House Bill No. 4079, entitled
A bill to amend 1976 PA 225, entitled “An act to defer the collection of special assessments on homestead properties; to provide for conditions of eligibility for such a deferment; to prescribe the powers and duties of the department of treasury, local assessing officers, and local collecting officers; to provide for the advancement of moneys by the state to indemnify special assessment districts for losses from deferment of collections; to provide for the advancement of money by the state to an owner for the repayment of loans used by the owner to pay special assessments; to provide for the collection of deferred special assessments and interest thereon, and the disposition of these collections; to make an appropriation; and to prescribe penalties,” by amending sections 3 and 4 (MCL 211.763 and 211.764), as amended by 1980 PA 403.
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. Tisdel, Frisbie, VanderWall, Martin, Posthumus, Alexander, Aragona, Schuette, Hoskins, Tyrone Carter, Neeley and Breen
Nays: Rep. Lightner
The Committee on Finance, by Rep. Tisdel, Chair, reported
House Bill No. 4080, entitled
A bill to amend 1976 PA 225, entitled “An act to defer the collection of special assessments on homestead properties; to provide for conditions of eligibility for such a deferment; to prescribe the powers and duties of the department of treasury, local assessing officers, and local collecting officers; to provide for the advancement of moneys by the state to indemnify special assessment districts for losses from deferment of collections; to provide for the advancement of money by the state to an owner for the repayment of loans used by the owner to pay special assessments; to provide for the collection of deferred special assessments and interest thereon, and the disposition of these collections; to make an appropriation; and to prescribe penalties,” by amending sections 1 and 2 (MCL 211.761 and 211.762), section 2 as amended by 2020 PA 331.
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. Tisdel, Frisbie, VanderWall, Martin, Posthumus, Alexander, Aragona, Schuette, Hoskins, Tyrone Carter, Neeley and Breen
Nays: Rep. Lightner
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tisdel, Chair, of the Committee on Finance, was received and read:
Meeting held on: Tuesday, April 15, 2025
Present: Reps. Tisdel, Frisbie, VanderWall, Lightner, Martin, Posthumus, Alexander, Aragona, Schuette, Hoskins, Tyrone Carter, Neeley, Breen and Young
Absent: Rep. Paiz
Excused: Rep. Paiz
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Smit, Chair, of the Committee on Election Integrity, was received and read:
Meeting held on: Tuesday, April 15, 2025
Present: Reps. Smit, Fox, Outman, Alexander, Hoadley, Pavlov, Wooden, Koleszar and Xiong
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeBoyer, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Tuesday, April 15, 2025
Present: Reps. DeBoyer, Bierlein, Meerman, Paquette, Carra, Bruck, Rigas, Schriver, Woolford, Miller, Pohutsky, Conlin, MacDonell, Mentzer, Tsernoglou and Wegela
Absent: Rep. Jaime Greene
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Outman, Chair, of the Committee on Transportation and Infrastructure, was received and read:
Meeting held on: Tuesday, April 15, 2025
Present: Reps. Outman, Alexander, Carra, Bruck, Kunse, Neyer, Prestin, Bohnak, Frisbie, Wortz, Herzberg, Hope, Koleszar, Andrews, Miller and Wilson
Absent: Rep. Grant
Excused: Rep. Grant
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Schmaltz, Chair, of the Committee on Families and Veterans, was received and read:
Meeting held on: Tuesday, April 15, 2025
Present: Reps. Schmaltz, Wozniak, Fox, Johnsen, Thompson, Pavlov, Woolford, Young, Byrnes, Rheingans and Xiong
Messages from the Governor
The following message from the Governor was received March 31, 2025 and read:
EXECUTIVE ORDER
No. 2025-2
Declaration of State of Emergency
Beginning on March 28, 2025, and, in some areas, lasting through March 30, 2025, northern Michigan experienced impactful winter weather that resulted in extreme and severe ice accumulation that had significant impacts to critical services throughout the region. In particular, the region has suffered widespread power outages, including loss of backup generators; loss of phone and cellular services; and impassable roads due to downed trees and other debris. Though response efforts are still underway, initial damage assessments indicate that residents in this region have suffered significant consequences from these conditions including damage to homes and businesses, an inability of some residents and long-term care facilities to charge medical devices, lack of heat in homes and businesses, and the inability to recover fueling stations which is slowing the efforts of first responders in the area.
Local officials in northern Michigan, including but not limited to, in the counties of Otsego, Oscoda, Montmorency, Presque Isle, Emmet, Charlevoix, Cheboygan, Crawford, Mackinac, and Alpena have taken several actions to respond to the situation, including many counties which have issued local declarations like Oscoda, Alpena, Otsego, Montmorency, Cheboygan and Emmet. Despite these efforts, local resources have proven insufficient to address the situation. State assistance and other outside resources are necessary to effectively respond to and recover from the impacts of this emergency, protect public health, safety, and property, and lessen or avert the threat of more severe and lasting harm.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”
Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I find it reasonable and necessary to order the following:
1. A state of emergency is declared for the counties of Otsego, Oscoda, Montmorency, Presque Isle, Emmet, Charlevoix, Cheboygan, Crawford, Mackinac, and Alpena.
2. The Emergency Management and Homeland Security Division of the Michigan Department of State Police must coordinate and maximize all state efforts and may call upon all state departments to use available resources to assist in the designated areas pursuant to the Michigan Emergency Management Plan.
3. The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than April 28, 2025, unless extended as provided by the Emergency Management Act.
Date: March 31, 2025
Time: 11:10 a.m.
[SEAL] GRETCHEN WHITMER
GOVERNOR
By the Governor
Jocelyn Benson
SECRETARY OF STATE
The message was referred to the Clerk.
The following message from the Governor was received April 2, 2025 and read:
EXECUTIVE ORDER
No. 2025-3
Amended Declaration of State of Emergency
Beginning on March 28, 2025, and, in some areas, lasting through March 30, 2025, northern Michigan experienced impactful winter weather that resulted in extreme and severe ice accumulation that had significant impacts to critical services throughout the region. In response, on March 31, 2025, I issued Executive Order 2025-2 declaring a state of emergency for the counties of Otsego, Oscoda, Montmorency, Presque Isle, Emmet, Charlevoix, Cheboygan, Crawford, Mackinac, and Alpena. This same storm front has similarly impacted the counties of Alcona and Antrim resulting in power outages; damage to homes and businesses; and impassable roads due to downed trees and other debris.
Local officials in the impacted counties have taken several actions to respond to the situation, including but not limited to declaring local emergencies, activating the emergency response and recovery aspects of their emergency operations plans, issuing emergency public information, and/or otherwise utilizing local resources to address these conditions. Despite these efforts, local resources have proven insufficient to address the situation. State assistance and other outside resources are necessary to effectively respond to and recover from the impacts of this emergency, protect public health, safety, and property, and lessen or avert the threat of more severe and lasting harm.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”
Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I find it reasonable and necessary to order the following:
1. In addition to the counties of Otsego, Oscoda, Montmorency, Presque Isle, Emmet, Charlevoix, Cheboygan, Crawford, Mackinac, and Alpena, a state of emergency is also declared for Alcona and Antrim counties.
2. The Emergency Management and Homeland Security Division of the Michigan Department of State Police must coordinate and maximize all state efforts and may call upon all state departments to use available resources to assist in the designated areas pursuant to the Michigan Emergency Management Plan.
3. The state of emergency in Alcona and Antrim counties is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than April 29, 2025, unless extended as provided by the Emergency Management Act.
Date: April 1, 2025
Time: 6:47 p.m.
[SEAL] GRETCHEN WHITMER
GOVERNOR
By the Governor
Jocelyn Benson
SECRETARY OF STATE
The message was referred to the Clerk.
The following message from the Governor was received April 2, 2025 and read:
EXECUTIVE ORDER
No. 2025-4
Suspension of Rules for Motor Drivers and Carriers
during the State of Emergency
Beginning on March 28, 2025, and, in some areas, lasting through March 30, 2025, northern Michigan experienced impactful winter weather that resulted in extreme and severe ice accumulation that had significant impacts to critical services throughout the region, including the ability to refuel. In response, on March 31, 2025, I issued Executive Order 2025-2 declaring a state of emergency for the counties of Otsego, Oscoda, Montmorency, Presque Isle, Emmet, Charlevoix, Cheboygan, Crawford, Mackinac, and Alpena. On April 1, 2025, I issued Executive Order 2025-3 declaring that the same state of emergency be extended to the counties of Alcona and Antrim.
State and local officials have taken several actions to respond to the situation, including but not limited to declaring emergencies, activating the emergency response and recovery aspects of applicable emergency operations plans, issuing emergency public information, and/or otherwise utilizing all available resources to address these conditions. Despite these efforts, there is an ongoing fuel shortage in the impacted areas and a critical need for fuel and other equipment to reach these communities with haste. Thus, a state of energy emergency exists in the impacted counties and other steps are appropriate and necessary to effectively respond to and recover from the impacts of this emergency, protect public health, safety, and property, and lessen or avert the threat of more severe and lasting harm.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), the “governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.” And, under the Emergency Management Act, MCL 30.403(2), the “governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this act.” Likewise, pursuant to MCL 30.405(1)(j), the governor may, upon declaration of a state of emergency, “[d]irect all other actions which are necessary and appropriate under the circumstances.”
Under Public Act 191 of 1982, “the governor may declare, by executive order . . . a state of emergency . . . upon the governor’s own initiative if the governor finds that an energy emergency exists or is imminent.” MCL 10.83(1). An “energy emergency” means a “condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage.” MCL 10.81(b). Moreover, an “energy shortage” means a “lack of adequate available energy resources in the state, or any part of the state.” MCL 10.81(e). Among other powers, during a declared state of energy emergency, the governor may issue an executive order to “suspend a statute or an order or rule of a state agency or a specific provision of a statute, rule, or order, if strict compliance with the statute, rule, or order or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency.” MCL 10.84(c).
Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including but not limited to, the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, and the Declaration of State of Energy Emergency Act, 1982 PA 191, MCL 10.81 to 10.87, I find it appropriate and necessary to order the following:
1. Suspension of certain rules for motor drivers and carriers
a. Motor carriers and drivers transporting gasoline, distillate, propone, and other necessary equipment to address the transportation and supply needs arising from the current emergency, as announced in both Executive Orders 2025-2 and 2025-3, are exempt from compliance with MCL 480.11a, and any other applicable state statute, order, or rule substantially similar to MCL 480.11a, as well as 49 CFR Part 395. Any provision of a state statute, order, or rule pertaining to the hours-of-service is suspended. These exemptions and suspensions apply to all highways in Michigan, including the national system of interstate and defense highways.
b. All state load, size, and weight restrictions, including but not limited to MCL 257.716 and MCL 257.722, and any local seasonal weight, size, or load restrictions, are suspended for the transportation and delivery of gasoline, distillate, propone, and other necessary equipment to address the transportation and supply needs arising from the current emergency, as announced in Executive Orders 2025-2 and 2025-3.
c. All state and local road agencies must exercise their authority on an expedited basis to issue permits that allow non-seasonal load restrictions to be exceeded. These permits must reflect bridge weight tolerances, and they must apply to the transportation and delivery of gasoline, distillate, propone, and other necessary equipment to address the transportation and supply needs arising from the current emergency, as announced in Executive Orders 2025-2 and 2025-3.
d. No motor carrier or driver operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. Any driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive off-duty hours before the driver is required to return to work.
e. Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule); the commercial driver’s license requirements (49 CFR Part 383 and any similar state statute, order, or rule); the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule); driver qualifications (49 CFR Part 391 and any similar state statute, order, or rule); driving of commercial motor vehicle requirements (49 CFR Part 392 and any similar state statute, order, or rule); requirements for equipment, parts, and accessories necessary for the safe operation of vehicles (49 CFR Part 393 and any similar state statute, order, or rule); or any portion of federal and state regulations not specifically identified.
f. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.
g. Upon expiration of this Order, or when a motor carrier or driver ceases to provide direct assistance to the emergency relief effort, a driver that has had at least 34 consecutive off-duty hours must be permitted to start his or her on-duty hours and 60/70-hour clock at zero.
h. The Commercial Vehicle Enforcement Division of the Michigan Department of State Police shall coordinate state compliance with this Order.
i. This Order applies only to gasoline, distillate, and propone. No other petroleum products are covered by the exemptions and suspensions under this Order.
2. This Order is terminated at such a time as is no longer necessary to supply motor fuel and other necessary equipment to the affected area, but in no case later than April 15, 2025.
3. Consistent with MCL 30.405(3), a willful interference with the implementation of this Order is a misdemeanor.
4. This Order is effective immediately.
Date: April 1, 2025
Time: 6:50 p.m.
[SEAL] GRETCHEN WHITMER
GOVERNOR
By the Governor
Jocelyn Benson
SECRETARY OF STATE
The message was referred to the Clerk.
The following message from the Governor was received April 4, 2025 and read:
EXECUTIVE ORDER
No. 2025-5
Amended Suspension of Rules for Motor Drivers and Carriers
during the State of Energy Emergency
Beginning on March 28, 2025, and, in some areas, lasting through March 30, 2025, northern Michigan experienced impactful winter weather that resulted in extreme and severe ice accumulation that had significant impacts to critical services throughout the region, including the ability to refuel. In response, on March 31, 2025, I issued Executive Order 2025-2 declaring a state of emergency for the counties of Otsego, Oscoda, Montmorency, Presque Isle, Emmet, Charlevoix, Cheboygan, Crawford, Mackinac, and Alpena. On April 1, 2025, I issued Executive Order 2025-3 declaring that the same state of emergency be extended to the counties of Alcona and Antrim. Also on April 1, 2025, I used Executive Order 2025-4, which suspended certain rules and restrictions for motor drivers and carriers transporting gasoline, distillate, propane, and other necessary equipment to address the transportation and supply needs arising from the emergency announced in Executive Orders 2025-2 and 2025-3. These orders remain in full force and effect.
As the emergency response is ongoing, new challenges have emerged. The impact of this storm, including the record 30-hour closure of the Mackinac Bridge, has now created an energy, or impending energy, shortage in the Upper Peninsula and threat to the health and wellbeing of not only residents in this region, but also to first responders and utility workers who are responding to the ongoing state of emergency declared in Executive Order 2025-2 and Executive Order 2025-3. This region now has a critical need for fuel to reach it with haste. Thus, a state of energy emergency exists in the 14 counties of the Upper Peninsula not included in my first three declarations: Keweenaw, Ontonagon, Luce, Schoolcraft, Baraga, Alger, Iron, Gogebic, Menominee, Chippewa, Delta, Dickinson, Marquette, and Houghton. Additional steps are appropriate and necessary to effectively respond to and recover from the impacts of this energy emergency, protect public health, safety, and property, and lessen or avert the threat of more severe and lasting harm. Mitigating the fuel shortage in the Upper Peninsula is also critical to ensuring first responders and utility crews can continue the recovery work associated with the ice storm that devasted northern Michigan.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.
Under Public Act 191 of 1982, “the governor may declare, by executive order . . . a state of emergency . . . upon the governor’s own initiative if the governor finds that an energy emergency exists or is imminent.” MCL 10.83(1). An “energy emergency” means a “condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage.” MCL 10.81(b). Moreover, an “energy shortage” means a “lack of adequate available energy resources in the state, or any part of the state.” MCL 10.81(e). Among other powers, during a declared state of energy emergency, the governor may issue an executive order to “suspend a statute or an order or rule of a state agency or a specific provision of a statute, rule, or order, if strict compliance with the statute, rule, or order or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency.” MCL 10.84(c).
Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including but not limited to, 1982 PA 191, MCL 10.81 to 10.87, I find it appropriate and necessary to order the following:
1. Suspension of certain rules for motor drivers and carriers
a. Motor carriers and drivers transporting gasoline, distillate, propane, and other necessary equipment to address the transportation and supply needs arising from the current energy emergency as announced in this Order are exempt from compliance with MCL 480.11a, and any other applicable state statute, order, or rule substantially similar to MCL 480.11a, as well as 49 CFR Part 395. Any provision of a state statute, order, or rule pertaining to the hours-of-service is suspended. These exemptions and suspensions apply to all highways in Michigan, including the national system of interstate and defense highways.
b. All state load, size, and weight restrictions, including but not limited to MCL 257.716 and MCL 257.722, and any local seasonal weight, size, or load restrictions, are suspended for the transportation and delivery of gasoline, distillate, propane, and other necessary equipment to address the transportation and supply needs arising from the current energy emergency, as announced in this Order.
c. All state and local road agencies must exercise their authority on an expedited basis to issue permits that allow non-seasonal load restrictions to be exceeded. These permits must reflect bridge weight tolerances, and they must apply to the transportation and delivery of gasoline, distillate, propane, and other necessary equipment to address the transportation and supply needs arising from the current energy emergency.
d. No motor carrier or driver operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. Any driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive off-duty hours before the driver is required to return to work.
e. Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule); the commercial driver’s license requirements (49 CFR Part 383 and any similar state statute, order, or rule); the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule); driver qualifications (49 CFR Part 391 and any similar state statute, order, or rule); driving of commercial motor vehicle requirements (49 CFR Part 392 and any similar state statute, order, or rule); requirements for equipment, parts, and accessories necessary for the safe operation of vehicles (49 CFR Part 393 and any similar state statute, order, or rule); or any portion of federal and state regulations not specifically identified.
f. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.
g. Upon expiration of this Order, or when a motor carrier or driver ceases to provide direct assistance to the emergency relief effort, a driver that has had at least 34 consecutive off-duty hours must be permitted to start his or her on-duty hours and 60/70-hour clock at zero.
h. The Commercial Vehicle Enforcement Division of the Michigan Department of State Police shall coordinate state compliance with this Order.
2. This Order applies only to those petroleum products specifically named within this Order. No other petroleum products are covered by the exemptions and suspensions under this Order.
3. This Order is terminated at such a time as is no longer necessary to supply motor fuel and other necessary equipment to the affected area, but in no case later than April 10, 2025.
4. Consistent with MCL 10.86(1), a knowing violation of this Order is a misdemeanor.
5. This Order is effective immediately.
Date: April 3, 2025
Time: 4:51 p.m.
[SEAL] GRETCHEN WHITMER
GOVERNOR
By the Governor
Jocelyn Benson
SECRETARY OF STATE
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
March 21, 2025
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 #2024-050-LR (Secretary of State Filing #25-03-01) on this date at 1:17 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Tribunal Rules of Practice and Procedure”.
These rules become effective immediately after 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 communication was referred to the Clerk.
The following communication from the Michigan State Police was received and read:
April 7, 2025
Pursuant to MCL 28.193, please find that attached 2024 Methamphetamine Legislative Report. Thank you,
Sgt. Travis R. Fletcher
Government Relations Section
Office Of The Director
Michigan State Police
The communication was referred to the Clerk.
The following communication from the Department of Technology, Management and Budget was received and read:
April 8, 2025
Michigan Public School Employees’ Retirement System Summary Annual Report FY 2024
Required by Section 13 (3) of Public Act (PA) 314 of 1965 and Sections 28 (1) and 41 (17) of PA 300 of 1980, both as amended.
The communication was referred to the Clerk.
Introduction of Bills
Reps. O’Neal, Tisdel, Smit, Kunse, Borton, Kelly, Aragona, Martin, Frisbie and Bruck introduced
House Bill No. 4311, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending the title and section 2 (MCL 12.252), the title as amended by 2005 PA 232 and section 2 as amended by 2023 PA 174, and by adding sections 11a and 11b.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Tisdel, Smit, Kunse, Borton, Kelly, Aragona, Martin, Frisbie, O’Neal and Bruck introduced
House Bill No. 4312, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2023 PA 20.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Edwards, Hoskins, Mentzer and Puri introduced
House Joint Resolution I, 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.
Announcements by the Clerk
March 27, 2025
Received from the Auditor General a copy of the:
April 10, 2025
Received from the Auditor General a copy of the:
April 11, 2025
Received from the Auditor General a copy of the:
Scott E. Starr
Clerk of the House
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4013, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73102 (MCL 324.73102), as amended by 1998 PA 546.
The bill was read a second time.
Rep. Slagh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4179, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2024a (MCL 500.2024a), as added by 1989 PA 68.
The bill was read a second time.
Rep. Aragona moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4081, entitled
A bill to amend 1967 PA 288, entitled “Land division act” by amending section 108 (MCL 560.108), as added by 1996 PA 591.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. DeBoyer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4157, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 104, 104b, and 104c (MCL 388.1611, 388.1704, 388.1704b, and 388.1704c), section 11 as amended by 2024 PA 148, section 104 as amended by 2024 PA 120, section 104b as amended by 2018 PA 265, and section 104c as amended by 2021 PA 48, and by adding section 104d.
The bill was read a second time.
Rep. DeBoer moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Posthumus moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4158, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 502, 503, 522, 552, and 1279g (MCL 380.502, 380.503, 380.522, 380.552, and 380.1279g), sections 502, 522, and 552 as amended by 2023 PA 34, section 503 as amended by 2024 PA 210, and section 1279g as amended by 2016 PA 170.
The bill was read a second time.
Rep. Thompson 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
Rep. Posthumus moved that House Bill No. 4013 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4013, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73102 (MCL 324.73102), as amended by 1998 PA 546.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 50 Yeas—103
Alexander Fitzgerald McKinney Scott
Andrews Foreman Meerman Skaggs
Aragona Fox Mentzer Slagh
Arbit Frisbie Miller Smit
BeGole Glanville Morgan Snyder
Beson Green, P. Mueller St. Germaine
Bierlein Hall Myers-Phillips Steckloff
Bohnak Harris Neeley Steele
Bollin Herzberg Neyer Tate
Borton Hoadley O’Neal Thompson
Breen Hope Outman Tisdel
Brixie Hoskins Paquette Tsernoglou
Bruck Jenkins-Arno Pavlov VanderWall
Byrnes Johnsen Pohutsky VanWoerkom
Carra Kelly Posthumus Wegela
Carter, B. Koleszar Prestin Weiss
Carter, T. Kunse Price Wendzel
Cavitt Liberati Puri Wilson
Conlin Lightner Rheingans Witwer
DeBoer Linting Rigas Wooden
DeBoyer Longjohn Robinson Woolford
DeSana MacDonell Rogers Wortz
Dievendorf Markkanen Roth Wozniak
Edwards Martin Schmaltz Xiong
Fairbairn Martus Schriver Young
Farhat McFall Schuette
Nays—1
Maddock
In The Chair: Smit
The House agreed to the title of the bill.
Rep. Posthumus moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Posthumus moved that House Bill No. 4179 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4179, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2024a (MCL 500.2024a), as added by 1989 PA 68.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 51 Yeas—87
Alexander Fitzgerald Markkanen Skaggs
Andrews Fox Martin Slagh
Aragona Frisbie Martus Smit
Arbit Glanville McFall Snyder
BeGole Green, P. Meerman St. Germaine
Beson Hall Miller Steckloff
Bierlein Harris Mueller Steele
Bohnak Herzberg Neeley Tate
Bollin Hoadley Neyer Thompson
Borton Hope O’Neal Tisdel
Breen Hoskins Outman Tsernoglou
Bruck Jenkins-Arno Paquette VanderWall
Carra Johnsen Pavlov VanWoerkom
Carter, B. Kelly Posthumus Wendzel
Carter, T. Koleszar Prestin Wilson
Cavitt Kunse Rigas Witwer
Conlin Liberati Robinson Wooden
DeBoer Lightner Rogers Woolford
DeBoyer Linting Roth Wortz
DeSana Longjohn Schmaltz Wozniak
Fairbairn MacDonell Schriver Xiong
Farhat Maddock Schuette
Nays—17
Brixie McKinney Pohutsky Scott
Byrnes Mentzer Price Wegela
Dievendorf Morgan Puri Weiss
Edwards Myers-Phillips Rheingans Young
Foreman
In The Chair: Smit
The House agreed to the title of the bill.
Rep. Posthumus moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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 and joint resolution had been reproduced and made available electronically on Tuesday, April 15:
House Bill Nos. 4311 4312
House Joint Resolution I
Senate Bill Nos. 201 202 203 204
______
Rep. Schuette moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, April 16, at 1:30 p.m.
SCOTT E. STARR
Clerk of the House of Representatives