No. 22

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

102nd  Legislature

REGULAR  SESSION  OF  2023

 

 

 

 

House Chamber, Lansing, Wednesday, March 8, 2023.

 

1:30 p.m.

 

The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

Aiyash—present            Dievendorf—present     Markkanen—present     Schriver—present

Alexander—present        Edwards—present         Martin—present            Schuette—present

Andrews—present          Farhat—present            Martus—present           Scott—present

Aragona—present          Filler—present              McFall—present           Shannon—present

Arbit—present               Fink—present               McKinney—present      Skaggs—present

Beeler—present             Fitzgerald—present       Meerman—present        Slagh—present

BeGole—present            Fox—present                Mentzer—present         Smit—present

Beson—present              Friske—present            Miller—present            Snyder—present

Bezotte—present            Glanville—present        Morgan—present          St. Germaine—present

Bierlein—present           Grant—present             Morse—present            Steckloff—present

Bollin—present              Green, P.—present        Mueller—present          Steele—present

Borton—present             Greene, J.—present       Neeley—present           Stone—present

Brabec—present            Haadsma—present        Neyer—present             Tate—present

Breen—present              Hall—present               O’Neal—present           Thompson—present

Brixie—present              Harris—present            Outman—present          Tisdel—present

Bruck—excused             Hill—present                Paiz—present               Tsernoglou—present

Byrnes—present            Hoadley—present         Paquette—present         VanderWall—present

Carra—present               Hood—present             Pohutsky—present        VanWoerkom—present

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

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

Cavitt—present              Johnsen—present          Price—present              Wendzel—present

Churches—present         Koleszar—present         Puri—present               Whitsett—present

Coffia—present             Kuhn—present             Rheingans—present      Wilson—present

Coleman—present          Kunse—present            Rigas—present             Witwer—present

Conlin—present             Liberati—present          Rogers—present           Wozniak—present

DeBoer—present           Lightner—present         Roth—present              Young—present

DeBoyer—present          MacDonell—present     Schmaltz—present        Zorn—present

DeSana—present           Maddock—present                                           

 

e/d/s = entered during session

Rep. Jennifer Conlin, from the 48th District, offered the following invocation:

 

“As we all gather here today in friendship and community, taking a moment out of our busy lives,... to learn, share and reflect on the insights, experiences and wisdom of others, we are reminded of how blessed we all are. In the current world around us there are many who suffer and face grave challenges. We stand in solidarity with them in compassion and by practicing loving kindness to ourselves and all those around us.

Let us pray the following in the name of all that is good.

May we all be well, happy and peaceful, May no harm come to us,

May we all also have patience, courage, understanding, and determination to meet and overcome inevitable difficulties, problems, and failures in life.

May our parents, our teachers and mentors, our friends and may all living beings across the world...be well, happy and peaceful. May no harm come to them,

May they also have patience, courage, understanding, and determination to meet and overcome inevitable difficulties, problems, and failures in life.”

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

______

 

 

Rep. Posthumus moved that Rep. Bruck be excused from today’s session.

The motion prevailed.

 

 

Reports of Standing Committees

 

 

The Committee on Judiciary, by Rep. Breen, Chair, reported

Senate Bill No. 4, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Outman and Johnsen

 

 

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4003, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Outman and Johnsen

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Breen, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, March 8, 2023 at 10:30 a.m.

Present: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou, Fink, Wendzel, Wozniak, Outman and Johnsen

 

 

The Committee on Labor, by Rep. Haadsma, Chair, reported

House Bill No. 4004, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

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. Haadsma, Mentzer, Koleszar, O’Neal, Andrews, Churches and Wegela

Nays: Reps. Wozniak and Kunse

 

 

The Committee on Labor, by Rep. Haadsma, Chair, reported

House Bill No. 4005, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.

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. Haadsma, Mentzer, Koleszar, O’Neal, Andrews, Churches and Wegela

Nays: Rep. Kunse

The Committee on Labor, by Rep. Haadsma, Chair, reported

House Bill No. 4007, entitled

A bill to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties.

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. Haadsma, Mentzer, Koleszar, O’Neal, Andrews, Churches and Wegela

Nays: Reps. Wozniak, Mueller and Kunse

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Haadsma, Chair, of the Committee on Labor, was received and read:

Meeting held on: Wednesday, March 8, 2023

Present: Reps. Haadsma, Mentzer, Koleszar, O’Neal, Andrews, Churches, Wegela, Wozniak, Mueller and Kunse

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Witwer, Chair, of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, March 8, 2023

Present: Reps. Witwer, Brixie, Hood, Brabec, Morse, Puri, Steckloff, Weiss, Martus, McKinney, Morgan, Price, Skaggs, Snyder, Wilson, Lightner, Bollin, Green, Slagh, Beson, Borton, Fink, Cavitt, DeBoer, Kuhn, Schuette and Steele

Absent: Reps. O’Neal and Mentzer

Excused: Reps. O’Neal and Mentzer

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Scott, Chair, of the Committee on Energy, Communications, and Technology, was received and read:

Meeting held on: Wednesday, March 8, 2023

Present: Reps. Scott, Coleman, Whitsett, Neeley, Byrnes, Hill, MacDonell, McFall, Wendzel, Outman, Aragona, BeGole, Greene, Prestin and Schmaltz

Absent: Reps. Andrews and Churches

Excused: Reps. Andrews and Churches

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Glanville, Chair, of the Committee on Higher Education, was received and read:

Meeting held on: Wednesday, March 8, 2023

Present: Reps. Glanville, Rheingans, Koleszar, Scott, Byrnes, Coffia, Hill, MacDonell, Paiz, VanderWall, Paquette, Zorn, Bruck and DeSana

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Neeley, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 8, 2023

Present: Reps. Neeley, Farhat, Brixie, Brenda Carter, Whitsett, Grant, Price, VanWoerkom, Outman, Tisdel and Hoadley

Absent: Rep. Markkanen

Excused: Rep. Markkanen

 

 

Second Reading of Bills

 

 

Senate Bill No. 4, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

The bill was read a second time.

 

Rep. Paquette moved to amend the bill as follows:

1. Amend page 4, line 26, after “orientation.” by inserting “Sexual orientation does not include having a sexual orientation for, or having a history of a sexual orientation for, minors, or being identified with such a sexual orientation.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Paquette moved to amend the bill as follows:

1. Amend page 2, line 6, after “status,” by striking out “or”.

2. Amend page 2, line 6, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

3. Amend page 2, line 17, after “status,” by striking out “or”.

4. Amend page 2, line 17, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

5. Amend page 5, line 3, after “weight,” by striking out “or”.

6. Amend page 5, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.

7. Amend page 5, line 10, after “weight,” by striking out “or”.

8. Amend page 5, line 11, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

9. Amend page 6, line 4, after “weight,” by striking out “or”.

10. Amend page 6, line 4, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

11. Amend page 6, line 7, after “weight,” by striking out “or”.

12. Amend page 6, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

13. Amend page 6, line 14, after “weight,” by striking out “or”.

14. Amend page 6, line 15, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

15. Amend page 6, line 25, after “weight,” by striking out “or”.

16. Amend page 6, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

17. Amend page 7, line 2, after “weight,” by striking out “or”.

18. Amend page 7, line 2, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

19. Amend page 7, line 8, after “weight,” by striking out “or”.

20. Amend page 7, line 8, after “status,” by inserting “or vaccination status for COVID-19,”.

21. Amend page 7, line 20, after “weight,” by striking out “or”.

22. Amend page 7, line 21, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

23. Amend page 7, line 29, by striking out “or”.

24. Amend page 7, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

25. Amend page 8, line 7, after “weight,” by striking out “or”.

26. Amend page 8, line 7, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

27. Amend page 8, line 12, after “weight,” by striking out “or”.

28. Amend page 8, line 12, after “status,” by inserting “or vaccination status for COVID-19,”.

29. Amend page 8, line 15, after “expression,” by striking out “or”.

30. Amend page 8, line 16, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

31. Amend page 8, line 26, after “weight,” by striking out “or”.

32. Amend page 8, line 26, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

33. Amend page 10, line 1, after “expression,” by striking out “or”.

34. Amend page 10, line 1, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

35. Amend page 10, line 9, after “expression,” by striking out “or”.

36. Amend page 10, line 9, after “status,” by inserting “or vaccination status for COVID-19,”.

37. Amend page 10, line 13, after “expression,” by striking out “or”.

38. Amend page 10, line 13, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

39. Amend page 10, line 22, after “status,” by striking out “or”.

40. Amend page 10, line 22, after “origin” by inserting a comma and “or vaccination status for COVID‑19”.

41. Amend page 11, line 14, after “orientation,” by striking out “or”.

42. Amend page 11, line 15, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

43. Amend page 11, line 20, after “orientation,” by striking out “or”.

44. Amend page 11, line 20, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

45. Amend page 11, line 25, after “expression,” by striking out “or”.

46. Amend page 11, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

47. Amend page 12, line 2, after “orientation,” by striking out “or”.

48. Amend page 12, line 3, after “expression,” by inserting “or vaccination status for COVID-19,”.

49. Amend page 12, line 8, after “orientation,” by striking out “or”.

50. Amend page 12, line 9, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

51. Amend page 13, line 7, after “status,” by striking out “or”.

52. Amend page 13, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

53. Amend page 14, line 18, after “status,” by striking out “or”.

54. Amend page 14, line 19, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

55. Amend page 14, line 28, after “status,” by striking out “or”.

56. Amend page 14, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

57. Amend page 15, line 8, after “status,” by striking out “or”.

58. Amend page 15, line 8, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

59. Amend page 15, line 13, after “status,” by striking out “or”.

60. Amend page 15, line 14, after “status,” by inserting “or vaccination status for COVID-19,”.

61. Amend page 15, line 29, by striking out “or”.

62. Amend page 15, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

63. Amend page 16, line 14, after “status,” by striking out “or”.

64. Amend page 16, line 14, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Paquette moved to amend the bill as follows:

1. Amend page 2, line 4, after “sex,” by striking out the balance of the line through “expression,” on line 5 and inserting “gender,”.

2. Amend page 2, line 16, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

3. Amend page 3, line 18, after “includes” by striking out “an individual” and inserting “a woman”.

4. Amend page 3, line 19, after “(f)” by striking out the balance of the line through “birth.” on line 22 and inserting ““Gender” means an individual’s state of being male or female.”.

5. Amend page 4, line 23, by striking out all of subdivision (k).

6. Amend page 5, line 2, after “sex,” by striking out the balance of the line through “expression,” on line 3 and inserting “gender,”.

7. Amend page 5, line 9, after “sex,” by striking out the balance of the line through “expression,” on line 10 and inserting “gender,”.

8. Amend page 6, line 3, after “sex,” by striking out the balance of the line through “expression,” on line 4 and inserting “gender,”.

9. Amend page 6, line 6, after “sex,” by striking out the balance of the line through “expression,” on line 7 and inserting “gender,”.

10. Amend page 6, line 13, after “sex,” by striking out the balance of the line through “expression,” on line 14 and inserting “gender,”.

11. Amend page 6, line 24, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

12. Amend page 7, line 1, after “sex,” by striking out the balance of the line through “expression,” on line 2 and inserting “gender,”.

13. Amend page 7, line 7, after “sex,” by striking out the balance of the line through “expression,” on line 8 and inserting “gender,”.

14. Amend page 7, line 19, after “sex,” by striking out the balance of the line through “expression,” on line 20 and inserting “gender,”.

15. Amend page 7, line 28, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

16. Amend page 8, line 6, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

17. Amend page 8, line 11, after “sex,” by striking out the balance of the line through “expression,” on line 12 and inserting “gender,”.

18. Amend page 8, line 15, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

19. Amend page 8, line 25, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

20. Amend page 9, line 29, after “sex,” by striking out the balance of the page through “expression,” on line 1 of page 10 and inserting “gender,”.

21. Amend page 10, line 8, after “sex,” by striking out the balance of the line through “expression,” on line 9 and inserting “gender,”.

22. Amend page 10, line 12, after “sex,” by striking out the balance of the line through “expression,” on line 13 and inserting “gender,”.

23. Amend page 10, line 21, after “sex,” by striking out the balance of the line through “expression,” on line 22 and inserting “gender,”.

24. Amend page 11, line 14, after “sex,” by striking out the balance of the line through “expression” on line 15 and inserting “or gender”.

25. Amend page 11, line 20, after “sex,” by striking out “sexual orientation, or gender identity or expression” and inserting “or gender”.

26. Amend page 11, line 24, after “sex,” by striking out the balance of the line through “expression,” on line 25 and inserting “gender,”.

27. Amend page 12, line 2, after “sex,” by striking out the balance of the line through “expression,” on line 3 and inserting “or gender”.

28. Amend page 12, line 8, after “sex,” by striking out the balance of the line through “expression” on line 9 and inserting “or gender”.

29. Amend page 13, line 6, after “sex,” by striking out the balance of the line through “expression,” on line 7 and inserting “gender,”.

30. Amend page 14, line 17, after “sex,” by striking out the balance of the line through “expression,” on line 18 and inserting “gender,”.

31. Amend page 14, line 27, after “sex,” by striking out the balance of the line through “expression,” on line 28 and inserting “gender,”.

32. Amend page 15, line 7, after “sex,” by striking out the balance of the line through “expression,” on line 8 and inserting “gender,”.

33. Amend page 15, line 12, after “sex,” by striking out the balance of the line through “expression,” on line 13 and inserting “gender,”.

34. Amend page 15, line 28, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

35. Amend page 16, line 13, after “sex,” by striking out the balance of the line through “expression,” on line 14 and inserting “gender,”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. VanWoerkom moved to amend the bill as follows:

1. Amend page 9, line 24, after “302.” by inserting “(1)”.

2. Amend page 10, following line 13, by inserting:

(2) This section does not compel an individual to violate the individual’s sincerely held religious beliefs.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Schmaltz moved to amend the bill as follows:

1. Amend page 5, following line 28, by inserting:

(4) This section does not apply to an employer that is a religious corporation, association, society, or other organization, including an employer that is a religious school, college, university, educational institution, or other institution of learning, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its activities.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. DeBoer moved to amend the bill as follows:

1. Amend page 11, line 9, after “402.” by inserting “(1)”.

2. Amend page 12, following line 9, by inserting:

(2) This section does not apply to an educational institution operated by a religious corporation, association, society, or other organization, or an educational institution that is a religious school, college, university, or other institution of learning, with respect to the services, activities, or programs provided by the educational institution.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Steele moved to amend the bill as follows:

1. Amend page 16, following line 22, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4075 of the 102nd Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Fink moved to amend the bill as follows:

1. Amend page 8, following line 16, by inserting:

“Sec. 208. A person subject to this article may apply to the commission for an exemption on the basis that religion, national origin, age, height, weight, or sex, sexual orientation, or gender identity or expression is a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise. Upon sufficient showing, the commission may grant an exemption to the appropriate section of this article. An employer may have a bona fide occupational qualification on the basis of religion, national origin, sex, age, or marital status, height and weight age, height, weight, marital status, sex, sexual orientation, or gender identity or expression without obtaining prior exemption from the commission, provided that an employer who that does not obtain an exemption shall have has the burden of establishing that the qualification is reasonably necessary to the normal operation of the business.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Jaime Greene moved to amend the bill as follows:

1. Amend page 12, following line 9, by inserting:

Sec. 405. This article does not require an educational institution to permit an individual who was a biological male at birth to participate in a sports or athletic club, team, or activity that is offered by the educational institution for individuals who are biological females at birth.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Kuhn moved to amend the bill as follows:

1. Amend page 11, following line 8, by inserting:

Sec. 302b. This article does not require a provider of any place of public accommodation or public service to permit an individual who was a biological male at birth to participate in a sports or athletic club, team, or activity that is offered by the provider of the place of public accommodation or public service for individuals who are biological females at birth.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Schuette moved to amend the bill as follows:

1. Amend page 8, following line 27, by inserting:

Sec. 212. The provisions of this article related to sexual orientation, gender identity, or gender expression do not apply to a religious corporation, association, society, or other organization, including a faith-based nonprofit organization, when that entity is acting according to its sincerely held religious beliefs.”.

2. Amend page 11, following line 8, by inserting:

“Sec. 303. (1) This article shall does not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the this state under Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 through 436.58 of the Michigan Compiled Laws. the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303. This section shall subsection does not apply to a private club that is otherwise defined as a place of public accommodation in this article.

(2) The provisions of this article related to sexual orientation, gender identity, or gender expression do not apply to a religious corporation, association, society, or other organization, including a faith-based nonprofit organization, when that entity is acting according to its sincerely held religious beliefs.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Tisdel moved to amend the bill as follows:

1. Amend page 3, line 21, after “individual’s” by striking out “assigned” and inserting “observed and recorded”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Slagh moved to amend the bill as follows:

1. Amend page 2, line 6, after “status,” by striking out “or”.

2. Amend page 2, line 6, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

3. Amend page 2, line 17, after “status,” by striking out “or”.

4. Amend page 2, line 17, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

5. Amend page 5, line 3, after “weight,” by striking out “or”.

6. Amend page 5, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.

7. Amend page 5, line 10, after “weight,” by striking out “or”.

8. Amend page 5, line 11, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

9. Amend page 6, line 4, after “weight,” by striking out “or”.

10. Amend page 6, line 4, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

11. Amend page 6, line 7, after “weight,” by striking out “or”.

12. Amend page 6, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

13. Amend page 6, line 14, after “weight,” by striking out “or”.

14. Amend page 6, line 15, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

15. Amend page 6, line 25, after “weight,” by striking out “or”.

16. Amend page 6, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

17. Amend page 7, line 2, after “weight,” by striking out “or”.

18. Amend page 7, line 2, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

19. Amend page 7, line 8, after “weight,” by striking out “or”.

20. Amend page 7, line 8, after “status,” by inserting “or vaccination status for COVID-19,”.

21. Amend page 7, line 20, after “weight,” by striking out “or”.

22. Amend page 7, line 21, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

23. Amend page 7, line 29, by striking out “or “.

24. Amend page 7, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

25. Amend page 8, line 7, after “weight,” by striking out “or”.

26. Amend page 8, line 7, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

27. Amend page 8, line 12, after “weight,” by striking out “or”.

28. Amend page 8, line 12, after “status,” by inserting “or vaccination status for COVID-19,”.

29. Amend page 8, line 15, after “expression,” by striking out “or”.

30. Amend page 8, line 16, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

31. Amend page 8, line 26, after “weight,” by striking out “or”.

32. Amend page 8, line 26, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

33. Amend page 10, line 1, after “expression,” by striking out “or”.

34. Amend page 10, line 1, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

35. Amend page 10, line 9, after “expression,” by striking out “or”.

36. Amend page 10, line 9, after “status,” by inserting “or vaccination status for COVID-19,”.

37. Amend page 10, line 13, after “expression,” by striking out “or”.

38. Amend page 10, line 13, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

39. Amend page 10, line 22, after “status,” by striking out “or”.

40. Amend page 10, line 22, after “origin” by inserting a comma and “or vaccination status for COVID‑19”.

41. Amend page 11, line 14, after “orientation,” by striking out “or”.

42. Amend page 11, line 15, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

43. Amend page 11, line 20, after “orientation,” by striking out “or”.

44. Amend page 11, line 20, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

45. Amend page 11, line 25, after “expression,” by striking out “or”.

46. Amend page 11, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

47. Amend page 12, line 2, after “orientation,” by striking out “or”.

48. Amend page 12, line 3, after “expression,” by inserting “or vaccination status for COVID-19,”.

49. Amend page 12, line 8, after “orientation,” by striking out “or”.

50. Amend page 12, line 9, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

51. Amend page 13, line 7, after “status,” by striking out “or”.

52. Amend page 13, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

53. Amend page 14, line 18, after “status,” by striking out “or”.

54. Amend page 14, line 19, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

55. Amend page 14, line 28, after “status,” by striking out “or”.

56. Amend page 14, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

57. Amend page 15, line 8, after “status,” by striking out “or”.

58. Amend page 15, line 8, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

59. Amend page 15, line 13, after “status,” by striking out “or”.

60. Amend page 15, line 14, after “status,” by inserting “or vaccination status for COVID-19,”.

61. Amend page 15, line 29, by striking out “or “.

62. Amend page 15, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

63. Amend page 16, line 14, after “status,” by striking out “or”.

64. Amend page 16, line 14, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Posthumus moved to amend the bill as follows:

1. Amend page 2, line 5, after “orientation,” by striking out “gender identity or expression,”.

2. Amend page 2, line 16, after “orientation,” by striking out “gender identity or expression,”.

3. Amend page 3, line 19, by striking out all of subdivision (f) and relettering the remaining subdivisions.

4. Amend page 5, line 3, after “orientation,” by striking out “gender identity or expression,”.

5. Amend page 5, line 10, after “orientation,” by striking out “gender identity or expression,”.

6. Amend page 6, line 3, after “orientation,” by striking out the balance of the line through “expression,” on line 4.

7. Amend page 6, line 7, after “orientation,” by striking out “gender identity or expression,”.

8. Amend page 6, line 14, after “orientation,” by striking out “gender identity or expression,”.

9. Amend page 6, line 24, after “orientation,” by striking out “gender identity or expression,”.

10. Amend page 7, line 1, after “orientation,” by striking out the balance of the line through “expression,” on line 2.

11. Amend page 7, line 7, after “orientation,” by striking out the balance of the line through “expression,” on line 8.

12. Amend page 7, line 20, after “orientation,” by striking out “gender identity or expression,”.

13. Amend page 7, line 28, after “orientation,” by striking out “gender identity or expression,”.

14. Amend page 8, line 6, after “orientation,” by striking out “gender identity or expression,”.

15. Amend page 8, line 11, after “orientation,” by striking out the balance of the line through “expression,” on line 12.

16. Amend page 8, line 15, after “orientation,” by striking out “gender identity or expression,”.

17. Amend page 8, line 25, after “orientation,” by striking out “gender identity or expression,”.

18. Amend page 10, line 1, after “orientation,” by striking out “gender identity or expression,”.

19. Amend page 10, line 8, after “orientation,” by striking out the balance of the line through “expression,” on line 9.

20. Amend page 10, line 12, after “orientation,” by striking out the balance of the line through “expression,” on line 13.

21. Amend page 10, line 21, after “orientation,” by striking out the balance of the line through “expression,” on line 22.

22. Amend page 11, line 14, after “sex,” by inserting “or”.

23. Amend page 11, line 14, after “orientation” by inserting a period and striking out the comma and the balance of the line through “expression.” on line 15.

24. Amend page 11, line 20, after “sex,” by inserting “or”.

25. Amend page 11, line 20, after “orientation” by inserting a period and striking out the comma and “or gender identity or expression.”.

26. Amend page 11, line 24, after “orientation,” by striking out the balance of the line through “expression,” on line 25.

27. Amend page 12, line 2, after “sex,” by inserting “or”.

28. Amend page 12, line 2, after “orientation” by striking out the comma and the balance of the line through “expression,” on line 3.

29. Amend page 12, line 8, after “sex,” by inserting “or”.

30. Amend page 12, line 8, after “orientation” by inserting a period and striking out the comma and the balance of the subdivision.

31. Amend page 13, line 7, after “orientation,” by striking out “gender identity or expression,”.

32. Amend page 14, line 18, after “orientation,” by striking out “gender identity or expression,”.

33. Amend page 14, line 28, after “orientation,” by striking out “gender identity or expression,”.

34. Amend page 15, line 7, after “orientation,” by striking out the balance of the line through “expression,” on line 8.

35. Amend page 15, line 13, after “orientation,” by striking out “gender identity or expression,”.

36. Amend page 15, line 28, after “orientation,” by striking out “gender identity or expression,”.

37. Amend page 16, line 13, after “orientation,” by striking out the balance of the line through “expression,” on line 14.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Fox moved to amend the bill as follows:

1. Amend page 11, line 9, after “402.” by striking out “An” and inserting “Subject to section 3 of the student restroom privacy act, an”.

2. Amend page 16, following line 22, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4195 of the 102nd Legislature is enacted into law.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4003, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

The bill was read a second time.

 

Rep. Paquette moved to amend the bill as follows:

1. Amend page 4, line 26, after “orientation.” by inserting “Sexual orientation does not include having a sexual orientation for, or having a history of a sexual orientation for, minors, or being identified with such a sexual orientation.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Paquette moved to amend the bill as follows:

1. Amend page 2, line 6, after “status,” by striking out “or”.

2. Amend page 2, line 6, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

3. Amend page 2, line 17, after “status,” by striking out “or”.

4. Amend page 2, line 17, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

5. Amend page 5, line 3, after “weight,” by striking out “or”.

6. Amend page 5, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.

7. Amend page 5, line 10, after “weight,” by striking out “or”.

8. Amend page 5, line 11, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

9. Amend page 6, line 4, after “weight,” by striking out “or”.

10. Amend page 6, line 4, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

11. Amend page 6, line 7, after “weight,” by striking out “or”.

12. Amend page 6, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

13. Amend page 6, line 14, after “weight,” by striking out “or”.

14. Amend page 6, line 15, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

15. Amend page 6, line 25, after “weight,” by striking out “or”.

16. Amend page 6, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

17. Amend page 7, line 2, after “weight,” by striking out “or”.

18. Amend page 7, line 2, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

19. Amend page 7, line 8, after “weight,” by striking out “or”.

20. Amend page 7, line 8, after “status,” by inserting “or vaccination status for COVID-19,”.

21. Amend page 7, line 20, after “weight,” by striking out “or”.

22. Amend page 7, line 21, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

23. Amend page 7, line 29, by striking out “or”.

24. Amend page 7, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

25. Amend page 8, line 7, after “weight,” by striking out “or”.

26. Amend page 8, line 7, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

27. Amend page 8, line 12, after “weight,” by striking out “or”.

28. Amend page 8, line 12, after “status,” by inserting “or vaccination status for COVID-19,”.

29. Amend page 8, line 15, after “expression,” by striking out “or”.

30. Amend page 8, line 16, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

31. Amend page 8, line 26, after “weight,” by striking out “or”.

32. Amend page 8, line 26, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

33. Amend page 10, line 1, after “expression,” by striking out “or”.

34. Amend page 10, line 1, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

35. Amend page 10, line 9, after “expression,” by striking out “or”.

36. Amend page 10, line 9, after “status,” by inserting “or vaccination status for COVID-19,”.

37. Amend page 10, line 13, after “expression,” by striking out “or”.

38. Amend page 10, line 13, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

39. Amend page 10, line 22, after “status,” by striking out “or”.

40. Amend page 10, line 22, after “origin” by inserting a comma and “or vaccination status for COVID‑19”.

41. Amend page 11, line 14, after “orientation,” by striking out “or”.

42. Amend page 11, line 15, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

43. Amend page 11, line 20, after “orientation,” by striking out “or”.

44. Amend page 11, line 20, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

45. Amend page 11, line 25, after “expression,” by striking out “or”.

46. Amend page 11, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

47. Amend page 12, line 2, after “orientation,” by striking out “or”.

48. Amend page 12, line 3, after “expression,” by inserting “or vaccination status for COVID-19,”.

49. Amend page 12, line 8, after “orientation,” by striking out “or”.

50. Amend page 12, line 9, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

51. Amend page 13, line 7, after “status,” by striking out “or”.

52. Amend page 13, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

53. Amend page 14, line 18, after “status,” by striking out “or”.

54. Amend page 14, line 19, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

55. Amend page 14, line 28, after “status,” by striking out “or”.

56. Amend page 14, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

57. Amend page 15, line 8, after “status,” by striking out “or”.

58. Amend page 15, line 8, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

59. Amend page 15, line 13, after “status,” by striking out “or”.

60. Amend page 15, line 14, after “status,” by inserting “or vaccination status for COVID-19,”.

61. Amend page 15, line 29, by striking out “or”.

62. Amend page 15, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

63. Amend page 16, line 14, after “status,” by striking out “or”.

64. Amend page 16, line 14, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Paquette moved to amend the bill as follows:

1. Amend page 2, line 4, after “sex,” by striking out the balance of the line through “expression,” on line 5 and inserting “gender,”.

2. Amend page 2, line 16, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

3. Amend page 3, line 18, after “includes” by striking out “an individual” and inserting “a woman”.

4. Amend page 3, line 19, after “(f)” by striking out the balance of the line through “birth.” on line 22 and inserting ““Gender” means an individual’s state of being male or female.”.

5. Amend page 4, line 23, by striking out all of subdivision (k).

6. Amend page 5, line 2, after “sex,” by striking out the balance of the line through “expression,” on line 3 and inserting “gender,”.

7. Amend page 5, line 9, after “sex,” by striking out the balance of the line through “expression,” on line 10 and inserting “gender,”.

8. Amend page 6, line 3, after “sex,” by striking out the balance of the line through “expression,” on line 4 and inserting “gender,”.

9. Amend page 6, line 6, after “sex,” by striking out the balance of the line through “expression,” on line 7 and inserting “gender,”.

10. Amend page 6, line 13, after “sex,” by striking out the balance of the line through “expression,” on line 14 and inserting “gender,”.

11. Amend page 6, line 24, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

12. Amend page 7, line 1, after “sex,” by striking out the balance of the line through “expression,” on line 2 and inserting “gender,”.

13. Amend page 7, line 7, after “sex,” by striking out the balance of the line through “expression,” on line 8 and inserting “gender,”.

14. Amend page 7, line 19, after “sex,” by striking out the balance of the line through “expression,” on line 20 and inserting “gender,”.

15. Amend page 7, line 28, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

16. Amend page 8, line 6, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

17. Amend page 8, line 11, after “sex,” by striking out the balance of the line through “expression,” on line 12 and inserting “gender,”.

18. Amend page 8, line 15, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

19. Amend page 8, line 25, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

20. Amend page 9, line 29, after “sex,” by striking out the balance of the page through “expression,” on line 1 of page 10 and inserting “gender,”.

21. Amend page 10, line 8, after “sex,” by striking out the balance of the line through “expression,” on line 9 and inserting “gender,”.

22. Amend page 10, line 12, after “sex,” by striking out the balance of the line through “expression,” on line 13 and inserting “gender,”.

23. Amend page 10, line 21, after “sex,” by striking out the balance of the line through “expression,” on line 22 and inserting “gender,”.

24. Amend page 11, line 14, after “sex,” by striking out the balance of the line through “expression” on line 15 and inserting “or gender”.

25. Amend page 11, line 20, after “sex,” by striking out “sexual orientation, or gender identity or expression” and inserting “or gender”.

26. Amend page 11, line 24, after “sex,” by striking out the balance of the line through “expression,” on line 25 and inserting “gender,”.

27. Amend page 12, line 2, after “sex,” by striking out the balance of the line through “expression,” on line 3 and inserting “or gender”.

28. Amend page 12, line 8, after “sex,” by striking out the balance of the line through “expression” on line 9 and inserting “or gender”.

29. Amend page 13, line 6, after “sex,” by striking out the balance of the line through “expression,” on line 7 and inserting “gender,”.

30. Amend page 14, line 17, after “sex,” by striking out the balance of the line through “expression,” on line 18 and inserting “gender,”.

31. Amend page 14, line 27, after “sex,” by striking out the balance of the line through “expression,” on line 28 and inserting “gender,”.

32. Amend page 15, line 7, after “sex,” by striking out the balance of the line through “expression,” on line 8 and inserting “gender,”.

33. Amend page 15, line 12, after “sex,” by striking out the balance of the line through “expression,” on line 13 and inserting “gender,”.

34. Amend page 15, line 28, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.

35. Amend page 16, line 13, after “sex,” by striking out the balance of the line through “expression,” on line 14 and inserting “gender,”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. VanWoerkom moved to amend the bill as follows:

1. Amend page 9, line 24, after “302.” by inserting “(1)”.

2. Amend page 10, following line 13, by inserting:

(2) This section does not compel an individual to violate the individual’s sincerely held religious beliefs.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Schmaltz moved to amend the bill as follows:

1. Amend page 5, following line 28, by inserting:

(4) This section does not apply to an employer that is a religious corporation, association, society, or other organization, including an employer that is a religious school, college, university, educational institution, or other institution of learning, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its activities.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. DeBoer moved to amend the bill as follows:

1. Amend page 11, line 9, after “402.” by inserting “(1)”.

2. Amend page 12, following line 9, by inserting:

(2) This section does not apply to an educational institution operated by a religious corporation, association, society, or other organization, or an educational institution that is a religious school, college, university, or other institution of learning, with respect to the services, activities, or programs provided by the educational institution.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Steele moved to amend the bill as follows:

1. Amend page 16, following line 22, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No.4075 of the 102nd Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Fink moved to amend the bill as follows:

1. Amend page 8, following line 16, by inserting:

“Sec. 208. A person subject to this article may apply to the commission for an exemption on the basis that religion, national origin, age, height, weight, or sex, sexual orientation, or gender identity or expression is a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise. Upon sufficient showing, the commission may grant an exemption to the appropriate section of this article. An employer may have a bona fide occupational qualification on the basis of religion, national origin, sex, age, or marital status, height and weight age, height, weight, marital status, sex, sexual orientation, or gender identity or expression without obtaining prior exemption from the commission, provided that an employer who that does not obtain an exemption shall have has the burden of establishing that the qualification is reasonably necessary to the normal operation of the business.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Jaime Greene moved to amend the bill as follows:

1. Amend page 12, following line 9, by inserting:

Sec. 405. This article does not require an educational institution to permit an individual who was a biological male at birth to participate in a sports or athletic club, team, or activity that is offered by the educational institution for individuals who are biological females at birth.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Kuhn moved to amend the bill as follows:

1. Amend page 11, following line 8, by inserting:

Sec. 302b. This article does not require a provider of any place of public accommodation or public service to permit an individual who was a biological male at birth to participate in a sports or athletic club, team, or activity that is offered by the provider of the place of public accommodation or public service for individuals who are biological females at birth.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Schuette moved to amend the bill as follows:

1. Amend page 8, following line 27, by inserting:

Sec. 212. The provisions of this article related to sexual orientation, gender identity, or gender expression do not apply to a religious corporation, association, society, or other organization, including a faith-based nonprofit organization, when that entity is acting according to its sincerely held religious beliefs.”.

2. Amend page 11, following line 8, by inserting:

“Sec. 303. (1) This article shall does not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the this state under Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 through 436.58 of the Michigan Compiled Laws. the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303. This section shall subsection does not apply to a private club that is otherwise defined as a place of public accommodation in this article.

(2) The provisions of this article related to sexual orientation, gender identity, or gender expression do not apply to a religious corporation, association, society, or other organization, including a faith-based nonprofit organization, when that entity is acting according to its sincerely held religious beliefs.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Tisdel moved to amend the bill as follows:

1. Amend page 3, line 21, after “individual’s” by striking out “assigned” and inserting “observed and recorded”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Slagh moved to amend the bill as follows:

1. Amend page 2, line 6, after the first “status,” by striking out “or”.

2. Amend page 2, line 6, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

3. Amend page 2, line 17, after the first “status,” by striking out “or”.

4. Amend page 2, line 17, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

5. Amend page 5, line 3, after “weight,” by striking out “or”.

6. Amend page 5, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.

7. Amend page 5, line 10, after “weight,” by striking out “or”.

8. Amend page 5, line 11, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

9. Amend page 6, line 4, after “weight,” by striking out “or”.

10. Amend page 6, line 4, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

11. Amend page 6, line 7, after “weight,” by striking out “or”.

12. Amend page 6, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

13. Amend page 6, line 14, after “weight,” by striking out “or”.

14. Amend page 6, line 15, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

15. Amend page 6, line 25, after “weight,” by striking out “or”.

16. Amend page 6, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

17. Amend page 7, line 2, after “weight,” by striking out “or”.

18. Amend page 7, line 2, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

19. Amend page 7, line 8, after “weight,” by striking out “or”.

20. Amend page 7, line 8, after “status,” by inserting “or vaccination status for COVID-19,”.

21. Amend page 7, line 20, after “weight,” by striking out “or”.

22. Amend page 7, line 21, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

23. Amend page 7, line 29, by striking out “or “.

24. Amend page 7, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

25. Amend page 8, line 7, after “weight,” by striking out “or”.

26. Amend page 8, line 7, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

27. Amend page 8, line 12, after “weight,” by striking out “or”.

28. Amend page 8, line 12, after “status,” by inserting “or vaccination status for COVID-19,”.

29. Amend page 8, line 15, after “expression,” by striking out “or”.

30. Amend page 8, line 16, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

31. Amend page 8, line 26, after “weight,” by striking out “or”.

32. Amend page 8, line 26, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

33. Amend page 10, line 1, after “expression,” by striking out “or”.

34. Amend page 10, line 1, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

35. Amend page 10, line 9, after “expression,” by striking out “or”.

36. Amend page 10, line 9, after “status,” by inserting “or vaccination status for COVID-19,”.

37. Amend page 10, line 13, after “expression,” by striking out “or”.

38. Amend page 10, line 13, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

39. Amend page 10, line 22, after “status,” by striking out “or”.

40. Amend page 10, line 22, after “origin” by inserting a comma and “or vaccination status for COVID‑19”.

41. Amend page 11, line 14, after “orientation,” by striking out “or”.

42. Amend page 11, line 15, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

43. Amend page 11, line 20, after “orientation,” by striking out “or”.

44. Amend page 11, line 20, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

45. Amend page 11, line 25, after “expression,” by striking out “or”.

46. Amend page 11, line 25, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

47. Amend page 12, line 2, after “orientation,” by striking out “or”.

48. Amend page 12, line 3, after “expression,” by inserting “or vaccination status for COVID-19”.

49. Amend page 12, line 8, after “orientation,” by striking out “or”.

50. Amend page 12, line 9, after “expression” by inserting a comma and “or vaccination status for COVID-19”.

51. Amend page 13, line 7, after “status,” by striking out “or”.

52. Amend page 13, line 8, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

53. Amend page 14, line 18, after “status,” by striking out “or”.

54. Amend page 14, line 19, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

55. Amend page 14, line 28, after “status,” by striking out “or”.

56. Amend page 14, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

57. Amend page 15, line 8, after the first “status,” by striking out “or”.

58. Amend page 15, line 8, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

59. Amend page 15, line 13, after “status,” by striking out “or”.

60. Amend page 15, line 14, after “status,” by inserting “or vaccination status for COVID-19,”.

61. Amend page 15, line 29, by striking out “or “.

62. Amend page 15, line 29, after “status” by inserting a comma and “or vaccination status for COVID‑19”.

63. Amend page 16, line 14, after the first “status,” by striking out “or”.

64. Amend page 16, line 14, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Posthumus moved to amend the bill as follows:

1. Amend page 2, line 5, after “orientation,” by striking out “gender identity or expression,”.

2. Amend page 2, line 16, after “orientation,” by striking out “gender identity or expression,”.

3. Amend page 3, line 19, by striking out all of subdivision (f) and relettering the remaining subdivisions.

4. Amend page 5, line 3, after “orientation,” by striking out “gender identity or expression,”.

5. Amend page 5, line 10, after “orientation,” by striking out “gender identity or expression,”.

6. Amend page 6, line 3, after “orientation,” by striking out the balance of the line through “expression,” on line 4.

7. Amend page 6, line 7, after “orientation,” by striking out “gender identity or expression,”.

8. Amend page 6, line 14, after “orientation,” by striking out “gender identity or expression,”.

9. Amend page 6, line 24, after “orientation,” by striking out “gender identity or expression,”.

10. Amend page 7, line 1, after “orientation,” by striking out the balance of the line through “expression,” on line 2.

11. Amend page 7, line 7, after “orientation,” by striking out the balance of the line through “expression,” on line 8.

12. Amend page 7, line 20, after “orientation,” by striking out “gender identity or expression,”.

13. Amend page 7, line 28, after “orientation,” by striking out “gender identity or expression,”.

14. Amend page 8, line 6, after “orientation,” by striking out “gender identity or expression,”.

15. Amend page 8, line 11, after “orientation,” by striking out the balance of the line through “expression,” on line 12.

16. Amend page 8, line 15, after “orientation,” by striking out “gender identity or expression,”.

17. Amend page 8, line 25, after “orientation,” by striking out “gender identity or expression,”.

18. Amend page 10, line 1, after “orientation,” by striking out “gender identity or expression,”.

19. Amend page 10, line 8, after “orientation,” by striking out the balance of the line through “expression,” on line 9.

20. Amend page 10, line 12, after “orientation,” by striking out the balance of the line through “expression,” on line 13.

21. Amend page 10, line 21, after “orientation,” by striking out the balance of the line through “expression,” on line 22.

22. Amend page 11, line 14, after “sex,” by inserting “or”.

23. Amend page 11, line 14, after “orientation” by inserting a period and striking out the comma and the balance of the line through “expression.” on line 15.

24. Amend page 11, line 20, after “sex,” by inserting “or”.

25. Amend page 11, line 20, after “orientation” by inserting a period and striking out the comma and “or gender identity or expression.”.

26. Amend page 11, line 24, after “orientation,” by striking out the balance of the line through “expression,” on line 25.

27. Amend page 12, line 2, after “sex,” by inserting “or”.

28. Amend page 12, line 2, after “orientation” by striking out the comma and the balance of the line through “expression,” on line 3.

29. Amend page 12, line 8, after “sex,” by inserting “or”.

30. Amend page 12, line 8, after “orientation” by inserting a period and striking out the comma and the balance of the subdivision.

31. Amend page 13, line 7, after “orientation,” by striking out “gender identity or expression,”.

32. Amend page 14, line 18, after “orientation,” by striking out “gender identity or expression,”.

33. Amend page 14, line 28, after “orientation,” by striking out “gender identity or expression,”.

34. Amend page 15, line 7, after “orientation,” by striking out the balance of the line through “expression,” on line 8.

35. Amend page 15, line 13, after “orientation,” by striking out “gender identity or expression,”.

36. Amend page 15, line 28, after “orientation,” by striking out “gender identity or expression,”.

37. Amend page 16, line 13, after “orientation,” by striking out the balance of the line through “expression,” on line 14.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Hoskins 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. Aiyash moved that Senate Bill No. 4 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

Senate Bill No. 4, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

 

 

Roll Call No. 18                                      Yeas—64

 

 

Aiyash                              Edwards                  McKinney                              Scott

Andrews                           Farhat                      Mentzer                                 Shannon

Arbit                                 Filler                        Miller                                     Skaggs

Beson                                Fitzgerald                 Morgan                                  Snyder

Bierlein                             Glanville                  Morse                                    Steckloff

Brabec                               Grant                       Mueller                                  Stone

Breen                                Haadsma                 Neeley                                   Tate

Brixie                                Hill                          O’Neal                                   Tisdel

Byrnes                              Hood                       Paiz                                        Tsernoglou

Carter, B.                           Hope                       Pohutsky                                Wegela

Carter, T.                           Hoskins                   Price                                      Weiss

Churches                           Koleszar                  Puri                                        Wendzel

Coffia                                Liberati                    Rheingans                              Whitsett

Coleman                            MacDonell               Rogers                                   Wilson

Conlin                               Martus                     Schmaltz                                Witwer

Dievendorf                        McFall                     Schuette                                 Young

                                                              Nays—45

 

 

Alexander                          Fink                         Lightner                                 Roth

Aragona                            Fox                          Maddock                                Schriver

Beeler                                Friske                      Markkanen                             Slagh

BeGole                              Green, P.                  Martin                                    Smit

Bezotte                              Greene, J.                 Meerman                               St. Germaine

Bollin                                Hall                         Neyer                                     Steele

Borton                               Harris                      Outman                                  Thompson

Carra                                 Hoadley                   Paquette                                 VanderWall

Cavitt                                Johnsen                   Posthumus                             VanWoerkom

DeBoer                              Kuhn                       Prestin                                   Wozniak

DeBoyer                            Kunse                      Rigas                                      Zorn

DeSana                                                                                                          

 

 

In The Chair: Pohutsky

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

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

 

 

______

 

 

Rep. VanWoerkom, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I oppose SB4 because the lack of a religious exemption. This bill will not stop the lawsuits that continue to go through our judicial system, but it will tip the scales against our religious institutions. I supported an amendment to create a religious exemption. These exemptions are common in other states’ statutes. This issue could have been resolved today in a bipartisan manner, but now will continue to be an issue that will need further debate and heartache.”

 

Rep. Bollin, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I am opposed to the expansion of the Elliot-Larsons Civil Rights Act because there are no protections or consideration for religious liberties or exemption. Courts have rendered that these expansions are already protected under the existing law. “

 

Rep. Lightner, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The passage of this bill is something that is duplicative. There has been a court case that already identified sexual orientation and gender identity under the protected category of sex.”

Rep. Aiyash moved that House Bill No. 4003 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4003, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

 

 

Roll Call No. 19                                      Yeas—64

 

 

Aiyash                              Edwards                  McKinney                              Scott

Andrews                           Farhat                      Mentzer                                 Shannon

Arbit                                 Filler                        Miller                                     Skaggs

Beson                                Fitzgerald                 Morgan                                  Snyder

Bierlein                             Glanville                  Morse                                    Steckloff

Brabec                               Grant                       Mueller                                  Stone

Breen                                Haadsma                 Neeley                                   Tate

Brixie                                Hill                          O’Neal                                   Tisdel

Byrnes                              Hood                       Paiz                                        Tsernoglou

Carter, B.                           Hope                       Pohutsky                                Wegela

Carter, T.                           Hoskins                   Price                                      Weiss

Churches                           Koleszar                  Puri                                        Wendzel

Coffia                                Liberati                    Rheingans                              Whitsett

Coleman                            MacDonell               Rogers                                   Wilson

Conlin                               Martus                     Schmaltz                                Witwer

Dievendorf                        McFall                     Schuette                                 Young

 

 

                                                              Nays—45

 

 

Alexander                          Fink                         Lightner                                 Roth

Aragona                            Fox                          Maddock                                Schriver

Beeler                                Friske                      Markkanen                             Slagh

BeGole                              Green, P.                  Martin                                    Smit

Bezotte                              Greene, J.                 Meerman                               St. Germaine

Bollin                                Hall                         Neyer                                     Steele

Borton                               Harris                      Outman                                  Thompson

Carra                                 Hoadley                   Paquette                                 VanderWall

Cavitt                                Johnsen                   Posthumus                             VanWoerkom

DeBoer                              Kuhn                       Prestin                                   Wozniak

DeBoyer                            Kunse                      Rigas                                      Zorn

DeSana                                                                                                          

 

 

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.

Reps. Andrews, Byrnes, Brenda Carter, Coleman, Dievendorf, Edwards, Hood and McKinney were named co-sponsors of the bill.

Rep. Bollin, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I am opposed to the expansion of the Elliot-Larsons Civil Rights Act because there are no protections or consideration for religious liberties or exemption. Courts have rendered that these expansions are already protected under the existing law.”

 

Rep. Lightner, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The passage of this bill is something that is duplicative. There has been a court case that already identified sexual orientation and gender identity under the protected category of sex.”

 

 

______

 

 

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

The motion prevailed.

 

 

Notices

 

 

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4075.

                                                                                       Rep. Hall

 

 

Messages from the Governor

 

 

Date: March 8, 2023

Time: 10:30 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4016 (Public Act No. 5, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

(Filed with the Secretary of State on March 8, 2023, at 11:26 a.m.)

 

 

Introduction of Bills

 

 

Rep. Wendzel introduced

House Bill No. 4207, entitled

A bill to amend 1905 PA 282, entitled “An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act,” (MCL 207.1 to 207.21) by adding section 5c.

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

Rep. Wendzel introduced

House Bill No. 4208, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9q.

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

 

 

Reps. Neyer, Schuette, Kunse, Prestin, Harris, Alexander, Beson, St. Germaine, Martin, Markkanen, Hoadley, DeBoer and Steele introduced

House Bill No. 4209, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278a, 1278b, and 1278c (MCL 380.1278a, 380.1278b, and 380.1278c), sections 1278a and 1278b as amended by 2022 PA 105 and section 1278c as amended by 2018 PA 242, and by adding section 1278f.

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

 

 

Reps. Glanville, Morgan, Brabec, Tyrone Carter, Arbit, MacDonell, Rogers, Andrews, Wilson, VanderWall, Cavitt, Koleszar, Conlin, Fitzgerald, Hoskins, Hood, Churches, Skaggs, Snyder, O’Neal, Mentzer, Steckloff, Rheingans, Byrnes, Brixie, Young, Markkanen, Coffia, Coleman, Brenda Carter, Tsernoglou and Aiyash introduced

House Bill No. 4210, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2022 PA 197; and to repeal acts and parts of acts.

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

 

 

Reps. Hood, Hope, Brabec, Tsernoglou, Rheingans, Paiz, Price, Tyrone Carter, Grant, Puri, Scott, Morse, MacDonell, Byrnes, Miller, Brixie, Young, Arbit and Aiyash introduced

House Bill No. 4211, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 223 (MCL 750.223), as amended by 2012 PA 242.

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

 

 

Reps. Morse, Martus, Conlin, Wilson, Rogers, Byrnes, Arbit, Hope, Dievendorf, McFall, Price, Tyrone Carter, Stone, Brixie, Scott, Rheingans, Mentzer, Tsernoglou, Steckloff, Breen, Puri, Weiss, Hood and Coffia introduced

House Bill No. 4212, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 2980 and 2981.

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

 

 

Reps. Morse, Glanville, Skaggs, Martus, Conlin, Wilson, Arbit, Byrnes, Hope, MacDonell, Dievendorf, McFall, Price, Tyrone Carter, Scott, Rheingans, Mentzer, Tsernoglou, Steckloff, Breen, Puri, Weiss, Hood and Coffia introduced

House Bill No. 4213, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 105h (MCL 400.105h), as added by 2020 PA 101.

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

 

 

Reps. Fitzgerald, Brabec, Steckloff, Weiss, Tsernoglou, Skaggs, Byrnes, McFall, Snyder, Liberati, Haadsma, Paiz, Rheingans, McKinney, Martus, Wegela, Hoskins, Grant, Hood, Glanville, MacDonell and Morgan introduced

House Bill No. 4214, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 95A.

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

Reps. Tyrone Carter, Fitzgerald, Steckloff, Weiss, Tsernoglou, Skaggs, Byrnes, Brabec, McFall, Snyder, Liberati, Haadsma, Rheingans, Paiz, McKinney, Martus, Hoskins, Hood, Grant, Glanville, MacDonell and Morgan introduced

House Bill No. 4215, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2021 PA 108.

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

 

 

Reps. Greene, Borton, Cavitt, Bierlein, Aragona, DeBoer and Fox introduced

House Bill No. 4216, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 42 (MCL 168.42), as amended by 1999 PA 216.

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

 

 

Reps. Markkanen, Borton, Cavitt, Bierlein, Aragona, DeBoer and Fox introduced

House Bill No. 4217, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 45 (MCL 168.45), as amended by 1985 PA 160.

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

 

 

Reps. DeSana, Fox, Carra, Friske, Hoadley, Rigas, Markkanen, Cavitt, Maddock, Bezotte, St. Germaine, Smit, Green, Meerman, Johnsen, Alexander and Greene introduced

House Bill No. 4218, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” (MCL 37.2101 to 37.2804) by adding article 5A.

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

 

 

Rep. Hall introduced

House Bill No. 4219, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 5 (MCL 125.2005), as amended by 2014 PA 507.

The bill was read a first time by its title and referred to the Committee on Economic Development and Small Business.

 

 

Rep. Tisdel introduced

House Bill No. 4220, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 2018 PA 68.

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

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 52.

A resolution to encourage the United States Federal Government to increase transparency and notification standards around the transportation of toxic waste materials across state and community lines.

(For text of resolution, see House Journal No. 20, p. 223.)

(The resolution was reported by the Committee on Transportation, Mobility and Infrastructure on March 7.)

The question being on the adoption of the resolution,

The resolution was adopted.

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Scott, Neeley, Grant, Churches, Young, Pohutsky, Edwards, Miller, Paiz, Rheingans, Hill, Coffia, Hope, Steckloff, Byrnes, Brixie, Tsernoglou, Mentzer, Conlin, Stone, Morse, Hood, Dievendorf, Skaggs, MacDonell, Weiss, Witwer, Martus, Hoskins, Brenda Carter, O’Neal, Price, Rogers, Glanville, Tyrone Carter, Puri, Haadsma, Aiyash, Breen and Fitzgerald offered the following resolution:

House Resolution No. 53.

A resolution to declare March 8, 2023, as International Women’s Day in the state of Michigan.

Whereas, March 8, 2023, marks the 112th anniversary of the celebration of International Women’s Day. Originally beginning in response to terrible working conditions and exploitation, 15,000 women took to the streets in New York protesting the terrible working conditions they endured. It is celebrated on March 8 of every year; and

Whereas, International Women’s Day is a global day celebrating the economic, political, and social achievements of women in the past, present, and future. It is a day when women are recognized for their achievements, regardless of divisions, whether national, ethnic, linguistic, cultural, economic, or political. It is an occasion for looking back on past struggles and accomplishments and, more importantly, for looking ahead to the untapped potential and opportunities that await future generations of women; and

Whereas, In different regions the focus of the celebrations ranges from general celebration of respect, appreciation, and love towards women to a celebration for women’s economic, political, and social achievements; and

Whereas, The earliest Women’s Day observance was held in 1909 in New York and was organized in remembrance of the strike of the International Ladies’ Garment Workers Union. At the second International Women’s Conference in 1910, the first International Women’s Day was officially established to promote equal rights, including suffrage, for women. The following year, International Women’s Day was marked by over a million people in Austria, Denmark, Germany, and Switzerland. The efforts of early European pioneers led to women gaining the right to vote, to hold public office, and the establishment of many early prohibitions against employment sex discrimination; and

Whereas, In 1975, during the United Nations (UN) International Year for Women, the UN held its first official celebration of International Women’s Day. Two years later, in December 1977, the General Assembly adopted a resolution proclaiming a United Nations Day for Women’s Rights and International Peace to be observed by member states. In adopting this resolution, the General Assembly recognized the role of women in peace efforts and development and urged an end to discrimination and an increase of support for women’s full and equal participation; and

Whereas, Beginning in 1996, International Women’s Day organizers began adopting a theme to each year’s celebrations that reinforces its commitment to women’s rights and world peace; and Successful campaigns centered on such themes as “Celebrating the Past, Planning for the Future” (1996) and “Women in Decision-Making” (2006); and

Whereas, Presidents of the United States have consecutively declared March to be Women’s History Month since 1988 after the National Women’s History Project petitioned the United States Congress in 1987 for recognition of Women’s History Month, and have since announced the 2021 theme of “Valiant Women of the Vote: Refusing to be Silenced continues to celebrate the Suffrage Centennial”; and

Whereas, On the occasion of 2010 International Women’s Day, the International Committee of the Red Cross (ICRC) drew attention to the hardships displaced women endure by spreading awareness of the displacement of populations as one of the gravest consequences of today’s armed conflicts; and

Whereas, There are more than 3.8 billion women in the world today. Women around the world participate in the political, social, and economic life of their communities, play a critical role in providing and caring for their families, contribute substantially to the growth of economies, and, as both farmers and caregivers, play an important role in advancing food security for their communities; and

Whereas, The advancement of women is a public policy priority for our country and the state of Michigan. The ability of women to realize their full potential is critical to the ability of a country and state to achieve strong and lasting economic growth and social stability; and

Whereas, Since 2018, the three highest governmental positions held in Michigan are all occupied by women: Governor Gretchen Whitmer, Attorney General Dana Nessel, and Secretary of State Jocelyn Benson; and

Whereas, 2020 saw a historic shattering of a glass ceiling with the election of Kamala Harris as the first African American female Vice-President of the United States. The hope is that someday soon the ultimate glass ceiling will be shattered with the election of the first female U.S. President; and

Whereas, 2022 was another year for women’s history, seeing Supreme Court Justice Ketanji Brown-Jackson become the first African American woman to serve on the most esteemed court in the United States of America; and

Whereas, 2022 saw another monumental moment for the state of Michigan with the appointment of former State Representative Kyra Harris Bolden to the Michigan Supreme Court making her the first African American woman to serve on the highest court in the state; and

Whereas, Additionally in 2023, the state legislature saw great historical leaps in women representing all kinds of diverse entities, highlighted by Senator Winnie Brinks, who in 2023, became the first woman to serve as the majority leader in the Michigan Senate.

Whereas, Although strides have been made in recent decades, women around the world continue to face significant obstacles in all aspects of their lives, including underrepresentation in all aspects of public life, denial of basic human rights, and discrimination; and

Whereas, Despite some achievements by individual women leaders, women around the world are still vastly underrepresented in high level positions and in national and local legislatures and governments and, according to the Inter-Parliamentary Union, women account for only 25 percent of national parliamentarians; and

Whereas, Women remain underrepresented in conflict prevention and conflict resolution efforts, despite proven successes by women in conflict-affected regions in moderating violent extremism, resolving disputes through non-violent mediation and negotiation, and stabilizing their societies by improving access to peace and security services, institutions, and decision-making venues; and

Whereas, March 8 is recognized each year as International Women’s Day, a global day to celebrate the economic, political, and social achievements of women past, present, and future, and a day to recognize the obstacles that women still face in the struggle for equal rights and opportunities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 8, 2023, as International Women’s Day in the state of Michigan. We support the goals of International Women’s Day, recognize that the empowerment of women is inextricably linked to the potential of countries to generate economic growth, sustainable democracy, and inclusive security, honor the women in the United States and around the world who have worked throughout history to ensure that women are guaranteed equality and basic human rights, reaffirm the movement’s commitment to ending discrimination and violence against women and girls, to ensuring the safety and welfare of women and girls, and to pursuing policies that guarantee the basic human rights of women and girls worldwide, and encourage the people of Michigan to observe International Women’s Day with appropriate programs and activities.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Rheingans, Brabec, Edwards, Coffia, Dievendorf, O’Neal, Young, Tsernoglou, Rogers, MacDonell, Mentzer, Steckloff, Byrnes, Paiz, Wegela, Tyrone Carter, Brenda Carter, Hill, Arbit, Scott, Miller, Liberati, Shannon, Morse, Grant, Martus, Conlin, Skaggs, Snyder, Hoskins, Price, Churches, Aiyash, Whitsett, Breen, Fitzgerald, Glanville and Haadsma offered the following resolution:

House Resolution No. 54.

A resolution to declare March 2023 as National Social Work Month in the state of Michigan.

Whereas, The social work profession exists to protect the rights and humanity of everyone, with a particular dedication to serving those most marginalized; and

Whereas, Social workers enter the profession because they have a strong desire to help empower individuals, families, communities, and our nation overcome issues that prevent them from reaching their full potential; and

Whereas, Social workers follow a code of ethics that call on them to fight social injustice and respect the dignity and worth of all people; and

Whereas, This year’s Social Work Month theme “Social Work Breaks Barriers,” embodies the spirit of the profession’s challenge to structures that cause hardships for everyday people, and honors the labor of social workers in progressing forward movements for racial, gender, and socioeconomic justice; and

Whereas, Social workers, throughout history, have worked within organizations promoting justice and alongside politicians, advocates, and other leaders alike to help communities overcome natural disaster, economic distress, and political divisiveness; and

Whereas, School social workers have worked relentlessly with vulnerable populations including children during the pandemic; and

Whereas, Social workers contribute greatly to the nation’s healthcare system, and played a crucial role in local, state, and national responses to COVID-19, assisting individuals with issues pertaining to physical health, emotional health, and general well-being; and

Whereas, Social workers are the largest group of mental health care providers in the United States, working daily to help thousands of Americans overcome mental illnesses such as depression and anxiety; and

Whereas, Social workers are on the frontlines of the nation’s opioid addiction crisis, helping people get the treatment they need and prevail over substance use disorders; and

Whereas, Social workers help people cope with death and grief and helped people and communities recover from natural disasters that are increasingly fueled by our warming climate, including hurricanes, drought and flooding; and

Whereas, Social Workers have helped this nation live up to its values by advocating for equal rights for all, including Black, Indigenous, and other people of color, people who are LBGTQIA2S+, or people who follow various faiths; and

Whereas, Social work is one of the fastest growing professions in the United States, with over 708,000 current social workers in the U.S., and more than 60,00 expected to enter the profession over the next decade; and

Whereas, Social workers are prepared to continue their efforts in aiding the nation towards greater equity; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2023 as National Social Work Month in the state of Michigan. We recognize the numerous contributions made by America’s social workers.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Coffia, Breen, Fitzgerald, Glanville, Haadsma, Morse, Price, Rheingans and Rogers offered the following resolution:

House Resolution No. 55.

A resolution to declare March 5-11, 2023, as National School Social Work Week in the state of Michigan.

Whereas, School social workers are exceptionally skilled in providing services to students who face serious challenges to school success, including disability, poverty, discrimination, abuse, neglect, mental illness, homelessness, bullying, familial stressors, and other barriers to learning; and

Whereas, School-based mental health programs are critical to early identification of and early intervention for mental health problems and school mental health programs are critical to the early identification of mental health problems and in the provision of appropriate services; and

Whereas, School social workers, being licensed mental health professionals in schools in the United States, provide necessary assessment, interventions, counseling, family outreach, and community referrals. School social workers maintain knowledge of school culture and school climate which are necessary for responsible school safety planning; and

Whereas, Research indicates that school mental health programs led by school social workers improve educational outcomes by decreasing absences, dropout rates, and discipline referrals, while improving academic achievement; and

Whereas, School social workers serve as vital members of a school’s education team, playing a central role in creating partnerships between the home, school, and community to ensure student academic success; and

Whereas, School districts and local educational agencies should continue to work with school social workers to address students’ social, emotional, physical, mental health, and environmental needs so that students may achieve academic success; and

Whereas, The celebration of ‘‘School Social Work Week’’ during the week beginning March 5, 2023, highlights the vital role school social workers play in the lives of students in our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 5-11, 2023, as National School Social Work Week in the state of Michigan. We support the designation of School Social Work Week, honor and recognize the contributions of school social workers to the successes of students in schools across Michigan, and encourage the people of Michigan to observe this occasion with appropriate ceremonies and activities that promote awareness of the vital role of school social workers in schools and the community as a whole in helping students prepare for their futures as productive citizens.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reports of Standing Committees

 

 

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4138, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Wendzel, Wozniak, Outman and Johnsen

 

 

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4142, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223 and 232a (MCL 750.223 and 750.232a), section 223 as amended by 2012 PA 242 and section 232a as amended by 1990 PA 321.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Wendzel, Wozniak, Outman and Johnsen

 

 

The Committee on Judiciary, by Rep. Breen, Chair, reported

House Bill No. 4143, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2016 PA 234 and section 16m as amended by 2018 PA 637.

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. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Reps. Fink, Wendzel, Wozniak, Outman and Johnsen

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Breen, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, March 8, 2023 at 3:00 p.m.

Present: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou, Fink, Wendzel, Wozniak, Outman and Johnsen

Second Reading of Bills

 

 

House Bill No. 4004, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

The bill was read a second time.

 

Rep. Filler moved to amend the bill as follows:

1. Amend page 8, following line 11, by inserting:

Sec. 10a. (1) A bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents, not later than 90 days after the effective date of the amendatory act that added this section or at the time the public employee becomes employed in that unit, the following statement in writing: “Under the United States Supreme Court decision Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018), it is a violation of a public employee’s first amendment free speech rights for a public-sector bargaining representative to require the public employee to pay dues or fees to the bargaining representative unless the public employee consents.”

(2) A public employee may cease paying dues or fees to a bargaining representative at any time.

(3) A bargaining representative that violates subsection (1) or prohibits a public employee from exercising the public employee’s right under subsection (2) is subject to a civil fine of not more than $250.00 for each violation.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Prestin moved to amend the bill as follows:

1. Amend page 3, line 20, after “organization.” by striking out the balance of the subdivision.

2. Amend page 4, line 2, by striking out all of subsection (2) and renumbering the remaining subsections.

3. Amend page 15, line 9, after “section” by striking out the balance of the section and inserting “10(3).”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Thompson moved to amend the bill as follows:

1. Amend page 3, line 26, after “representative.” by inserting “An agreement described in this subdivision must provide for both of the following:

(i) That if an officer of the exclusive bargaining representative for the unit is convicted of a felony related to the finances of the exclusive bargaining representative, a public employee in the unit is not required to pay any dues or fees to the exclusive bargaining representative.

(ii) That if an officer of the regional or national office of the exclusive bargaining representative is convicted of a felony related to the finances of the exclusive bargaining representative, a public employee in the unit is not required to pay to the exclusive bargaining representative the portion of the public employee’s dues or fees that would otherwise be remitted to the regional or national office.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Bierlein moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Rep. Bierlein,

Rep. Posthumus demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the substitute (H-4) offered by Rep. Bierlein,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

 

 

Point of Order

 

 

Rep. Posthumus requested a ruling of the Chair on how 1/5 of the members showed their support according to House Rule 12 and Article 4 Section 18 of the Constitution and it was not recognized.

The Chair ruled submission of signatures is not a proper show of support.

Rep. Weiss moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

 

Rep. Filler moved to amend the bill as follows:

1. Amend page 8, line 17, after “by,” by striking out “either” and inserting “both”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Beeler moved to amend the bill as follows:

1. Amend pages 8 and 9, by striking page 8, line 26 through page 9, line 9.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Thompson moved to amend the bill as follows:

1. Amend page 3, line 22, after “representative.” by inserting “An agreement described in this subdivision must provide for both of the following:

(i) That if an officer of the exclusive bargaining representative for the unit is convicted of a felony related to the finances of the exclusive bargaining representative, a public employee in the unit is not required to pay any dues or fees to the exclusive bargaining representative.

(ii) That if an officer of the regional or national office of the exclusive bargaining representative is convicted of a felony related to the finances of the exclusive bargaining representative, a public employee in the unit is not required to pay the exclusive bargaining representative the portion of the public employee’s dues or fees that would otherwise be remitted to the regional or national office.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Weiss moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4005, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.

The bill was read a second time.

 

Rep. DeSana moved to amend the bill as follows:

1. Amend page 6, line 11, by striking out “Nothing” and inserting “Except as otherwise provided in section 14a, nothing”.

2. Amend page 6, following line 22, by inserting:

Sec. 14a. A city, county, township, or village may authorize a right-to-work zone within its boundaries by a vote of its governing body or by adoption of a measure initiated by the people. The commission shall not enforce an all-union shop agreement covering employees in a right-to-work zone if the employer entered into or renewed the agreement after the date of adoption of the measure creating the right-to-work zone.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Fink moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

Sec. 10a. (1) A labor organization shall provide to each employee in the bargaining unit that the labor organization represents, not later than 90 days after the effective date of the amendatory act that added this section or at the time the employee becomes employed in that unit, the following statement in writing: “Under the United States Supreme Court decision Communications Workers of America v Beck, 487 US 735 (1988), an employee is not required to pay a due or fee to a labor organization that the labor organization does not use for collective bargaining, contract administration, and grievance adjustment.”.

(2) An employee may cease paying dues or fees described in subsection (1) to a labor organization at any time. A labor organization shall provide to each employee in the bargaining unit that the labor organization represents, at the time the employee becomes employed in the unit and annually, instructions in writing that explain the labor organization’s process for ceasing these payments.

(3) A labor organization that violates subsection (1) or (2) or that prohibits an employee from exercising the employee’s right under subsection (2) is subject to a civil fine of not more than $250.00 for each violation.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Beson moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

Sec. 8a. Every calendar quarter, each labor organization that represents employees in this state shall provide a written report to every employee in every unit that the labor organization represents and post the report on its website. Each report must include all of the following information for the immediately preceding calendar quarter:

(a) The name, salary, and amount of fringe benefits of each officer of the labor organization.

(b) The amount of money that the labor organization paid for all of the following, delineated by each payment:

(i) Political organizations or activities.

(ii) Charities.

(c) An itemized list of all of the labor organization’s expenditures not described in subdivision (b).”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Alexander moved to amend the bill as follows:

1. Amend page 7, following line 26, by inserting:

Sec. 29a. Notwithstanding section 29, the commission shall issue an order directing an election in any existing certified appropriate unit every year following the later of the effective date of the amendatory act that added this section or the date of initial certification of a bargaining representative. If the existing certified bargaining representative receives a majority of the votes cast and the majority represents at least 50% of the employees in the unit, the existing certification continues. If the certified bargaining representative does not receive a majority vote representing 50% of the employees in the unit, the existing certification terminates. If certification is terminated, the terms of the existing contract between the employees represented by the bargaining representative and the employer continue in effect for the remaining contract term except for any provisions that involve the duties of or obligations to the bargaining representative, such as union security, dues and fees, and involvement in grievance and arbitration procedures.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Martin moved to amend the bill as follows:

1. Amend page 4, line 18, after “Sec. 14.” by inserting “(1)”.

2. Amend page 6, following line 22, by inserting:

(2) An agreement between an employer and a labor organization must provide for both of the following:

(a) That if an officer of the labor organization that represents the employees in the unit is convicted of a felony related to the finances of the labor organization, an employee in the unit is not required to pay any dues or fees to the labor organization.

(b) That if an officer of the regional or national office of the labor organization that represents the employees in the unit is convicted of a felony related to the finances of the labor organization, an employee in the unit is not required to pay to the labor organization the portion of the employee’s dues or fees that would otherwise be remitted to the regional or national office.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Weiss 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. Beeler moved to amend the bill as follows:

1. Amend page 6, lines 1 through 21, by striking out lines 1 through the end of line 21.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Weiss moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4007, entitled

A bill to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties.

The bill was read a second time.

 

Rep. Cavitt moved to amend the bill as follows:

1. Amend page 2, line 14, after “agent” by inserting “if the cost of the project is equal to or greater than $150,000.00”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Outman moved to amend the bill as follows:

1. Amend page 2, line 14, after “agent” by inserting “if the cost of the project is greater than or equal to the following:

(i) For a project that consists solely of new construction, $250,000.00.

(ii) For a project that does not consist solely of new construction, $75,000.00”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Markkanen moved to amend the bill as follows:

1. Amend page 4, following line 26, by inserting:

“Sec. 9. By 30 months after the effective date of this act, the commission shall submit a report to the legislature about the impact of this act.

Sec. 10. This act does not apply 3 years after the effective date of this act.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. BeGole moved to amend the bill as follows:

1. Amend page 4, following line 26, by inserting:

“Sec. 9. A contracting agent that is a local unit of government, public school, community college, or university may exempt itself from the requirements of this act by a majority vote of its governing body.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

Rep. Phil Green moved to amend the bill as follows:

1. Amend page 4, following line 26, by inserting:

“Sec. 9. The commissioner shall prepare a report that compares contracts for state projects that were entered into after January 1, 2019 but before December 31, 2021 to similar contracts for state projects that are entered into after the effective date of this act but before 3 years after the effective date of this act. The report must include comparisons of all of the following for each contract:

(a) The total number of construction mechanics employed.

(b) The total amount of wages paid to construction mechanics.

(c) The total cost of materials.

(d) The total number of safety incidents.

(e) The length of time to complete the state project.

(f) Whether the requirements of this act increased costs and, if so, by how much.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Kunse moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

 

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

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Brenda Carter moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4138, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295.

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

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

Rep. Churches moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4142, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223 and 232a (MCL 750.223 and 750.232a), section 223 as amended by 2012 PA 242 and section 232a as amended by 1990 PA 321.

The bill was read a second time.

Rep. Brenda Carter moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4143, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2016 PA 234 and section 16m as amended by 2018 PA 637.

The bill was read a second time.

Rep. Grant 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. Aiyash moved that House Bill No. 4004 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4004, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

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

 

 

Roll Call No. 20                                      Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—53

 

 

Alexander                          Filler                        Maddock                                Schriver

Aragona                            Fink                         Markkanen                             Schuette

Beeler                                Fox                          Martin                                    Slagh

BeGole                              Friske                      Meerman                               Smit

Beson                                Green, P.                  Mueller                                  St. Germaine

Bezotte                              Greene, J.                 Neyer                                     Steele

Bierlein                             Hall                         Outman                                  Thompson

Bollin                                Harris                      Paquette                                 Tisdel

Borton                               Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

DeSana                                                                                                          

 

 

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 Bill No. 4005 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4005, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.

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

 

 

Roll Call No. 21                                      Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—53

 

 

Alexander                          Filler                        Maddock                                Schriver

Aragona                            Fink                         Markkanen                             Schuette

Beeler                                Fox                          Martin                                    Slagh

BeGole                              Friske                      Meerman                               Smit

Beson                                Green, P.                  Mueller                                  St. Germaine

Bezotte                              Greene, J.                 Neyer                                     Steele

Bierlein                             Hall                         Outman                                  Thompson

Bollin                                Harris                      Paquette                                 Tisdel

Borton                               Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

DeSana                                                                                                          

 

 

In The Chair: Pohutsky

 

 

The question being on agreeing to the title of the bill,

Rep. Aiyash moved to amend the title to read as follows:

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 14, and 17 (MCL 423.1, 423.2, 423.14, and 423.17), as amended by 2012 PA 348.

The motion prevailed.

The House agreed to the title as amended.

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 Bill No. 4138 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4138, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295.

The bill was read a third time.

The question being on the passage of the bill,

 

Rep. Aiyash moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

Rep. Aiyash moved to reconsider the vote by which the House postponed the bill for the day.

The motion prevailed, a majority of the members present voting therefor.

The question being on the postponement of the bill for the day,

The motion did not prevail.

The question being on the passage of the bill,

 

Rep. Aiyash moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

Rep. Aiyash moved that House Bill No. 4007 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4007, entitled

A bill to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties.

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

 

 

Roll Call No. 22                                      Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—53

 

 

Alexander                          Filler                        Maddock                                Schriver

Aragona                            Fink                         Markkanen                             Schuette

Beeler                                Fox                          Martin                                    Slagh

BeGole                              Friske                      Meerman                               Smit

Beson                                Green, P.                  Mueller                                  St. Germaine

Bezotte                              Greene, J.                 Neyer                                     Steele

Bierlein                             Hall                         Outman                                  Thompson

Bollin                                Harris                      Paquette                                 Tisdel

Borton                               Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

DeSana                                                                                                          

 

 

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.

 

The House returned to the consideration of

House Bill No. 4138, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295.

(The bill was considered earlier today, see today’s Journal, p. 282.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 23                                      Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—53

 

 

Alexander                          Filler                        Maddock                                Schriver

Aragona                            Fink                         Markkanen                             Schuette

Beeler                                Fox                          Martin                                    Slagh

BeGole                              Friske                      Meerman                               Smit

Beson                                Green, P.                  Mueller                                  St. Germaine

Bezotte                              Greene, J.                 Neyer                                     Steele

Bierlein                             Hall                         Outman                                  Thompson

Bollin                                Harris                      Paquette                                 Tisdel

Borton                               Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

DeSana                                                                                                          

 

 

In The Chair: Pohutsky

 

 

The question being on agreeing to the title of the bill,

Rep. Aiyash moved to amend the title to read as follows:

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2, 2a, 2b, 12, and 14a (MCL 28.421, 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 1 as amended by 2017 PA 95, section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295.

The motion prevailed.

The House agreed to the title as amended.

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 Bill No. 4142 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 4142, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223 and 232a (MCL 750.223 and 750.232a), section 223 as amended by 2012 PA 242 and section 232a as amended by 1990 PA 321.

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

 

 

Roll Call No. 24                                      Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—53

 

 

Alexander                          Filler                        Maddock                                Schriver

Aragona                            Fink                         Markkanen                             Schuette

Beeler                                Fox                          Martin                                    Slagh

BeGole                              Friske                      Meerman                               Smit

Beson                                Green, P.                  Mueller                                  St. Germaine

Bezotte                              Greene, J.                 Neyer                                     Steele

Bierlein                             Hall                         Outman                                  Thompson

Bollin                                Harris                      Paquette                                 Tisdel

Borton                               Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

DeSana                                                                                                          

 

 

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 Bill No. 4143 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4143, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2016 PA 234 and section 16m as amended by 2018 PA 637.

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

 

 

Roll Call No. 25                                      Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—53

 

 

Alexander                          Filler                        Maddock                                Schriver

Aragona                            Fink                         Markkanen                             Schuette

Beeler                                Fox                          Martin                                    Slagh

BeGole                              Friske                      Meerman                               Smit

Beson                                Green, P.                  Mueller                                  St. Germaine

Bezotte                              Greene, J.                 Neyer                                     Steele

Bierlein                             Hall                         Outman                                  Thompson

Bollin                                Harris                      Paquette                                 Tisdel

Borton                               Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

DeSana                                                                                                          

 

 

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.

 

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 Tuesday, March 7:

House Bill Nos.     4174   4175   4176   4177  4178   4179   4180   4181   4182  4183   4184   4185 4186       4187        4188        4189        4190        4191                               4192   4193   4194   4195  4196   4197   4198   4199   4200  4201   4202   4203 4204       4205        4206

 

The Clerk announced that the following Senate bills had been received on Wednesday, March 8:

Senate Bill Nos.          2      37      39      93

Messages from the Senate

 

 

House Bill No. 4006, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 14 and 15 (MCL 750.14 and 750.15).

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. 4032, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter XVII (MCL 777.16a), as amended by 2010 PA 97.

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.

 

 

Senate Bill No. 2, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 40 (MCL 750.40).

The Senate has passed the bill.

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

 

 

Senate Bill No. 37, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter XVII (MCL 777.16a), as amended by 2010 PA 97.

The Senate has passed the bill.

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

 

 

Senate Bill No. 39, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 14 (MCL 750.14).

The Senate has passed the bill.

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

 

 

Senate Bill No. 93, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 15 (MCL 750.15).

The Senate has passed the bill.

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

 

 

Announcements by the Clerk

 

 

The Clerk received the following dissent from Reps. Martin, Kuhn, Roth, St. Germaine, Beson, Outman, Alexander, Aragona, DeBoyer, Prestin, Rigas, Neyer, Kunse, Steele, Borton, Tisdel, Bierlein, Hall, Hoadley, Slagh, Friske, Carra, Cavitt, DeBoer, Bezotte, Schmaltz, DeSana, Mueller, Phil Green, Smit, Wozniak, Lightner, Bollin, Jamie Greene, BeGole, Fink, Paquette, Johnsen, Fox, Beeler, Harris, Zorn, Thompson, Schriver, Filler, Maddock, Meerman, Schuette, VanWoerkom and Posthumus:

 

“Article IV, Section 18 of the Michigan Constitution states that ‘[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.’ Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to HB4004, HB4005, and HB 4007. I did not, have not, and do not support the granting of immediate effect to HB4004, HB4005, and HB4007.”

Rep. Steele moved that the House adjourn.

The motion prevailed, the time being 9:55 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Thursday, March 9, at 12:00 Noon.

 

 

RICHARD J. BROWN

Clerk of the House of Representatives