No. 11

STATE OF MICHIGAN

 

JOURNAL

OF THE

House of Representatives

 

101st Legislature

REGULAR SESSION OF 2022

 

 

 

 

House Chamber, Lansing, Tuesday, February 8, 2022.

 

1:30 p.m.

 

The House was called to order by Associate Speaker Pro Tempore Lightner.

 

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

 

Aiyash用resent Coleman用resent LaFave用resent Rogers用resent

Albert用resent Damoose用resent LaGrand用resent Roth用resent

Alexander用resent Eisen容xcused Lasinski用resent Sabo用resent

Allor用resent Ellison用resent Liberati用resent Scott用resent

Anthony用resent Farrington用resent Lightner用resent Shannon用resent

Beeler用resent Filler用resent Lilly用resent Slagh用resent

Bellino用resent Fink用resent Maddock用resent Sneller用resent

Berman用resent Frederick用resent Manoogian用resent Sowerby用resent

Beson用resent Garza用resent Marino用resent Steckloff用resent

Bezotte用resent Glenn用resent Markkanen用resent Steenland用resent

Bolden用resent Green用resent Martin用resent Stone用resent

Bollin用resent Griffin用resent Meerman用resent Tate用resent

Borton用resent Haadsma用resent Morse用resent Thanedar用resent

Brabec用resent Hall用resent Mueller用resent Tisdel用resent

Brann用resent Hauck用resent Neeley用resent VanSingel用resent

Breen用resent Hertel用resent O樽alley用resent VanWoerkom用resent

Brixie用resent Hoitenga用resent O誰eal用resent Wakeman用resent

Calley用resent Hood用resent Outman用resent Weiss用resent

Cambensy用resent Hope用resent Paquette用resent Wendzel用resent

Camilleri用resent Hornberger用resent Peterson用resent Wentworth用resent

Carra用resent Howell用resent Pohutsky用resent Whiteford用resent

Carter, B容xcused Johnson, C用resent Posthumus用resent Whitsett用resent

Carter, T用resent Johnson, S用resent Puri用resent Witwer用resent

Cavanagh用resent Jones用resent Rabhi用resent Yancey用resent

Cherry用resent Kahle用resent Reilly用resent Yaroch用resent

Clemente用resent Koleszar用resent Rendon用resent Young用resent

Clements用resent Kuppa用resent

 

e/d/s = entered during session

Rep. John N. Damoose, from the 107th District, offered the following invocation:

 

的 simply cannot think of a more profound prayer for what we are doing than the prayer of St. Francis of Assisi. It is so much a part of the purpose of our government that we have it emblazoned on the walls of this very Capitol. Please join me in prayer:

銑ord, make me an instrument of Your peace.

Where there is hatred, let me sow love;

where there is injury, pardon;

where there is doubt, faith;

where there is despair, hope;

where there is darkness, light;

and where there is sadness, joy.

O Divine Master, grant that I may not so much seek

to be consoled as to console;

to be understood as to understand;

to be loved as to love.

For it is in giving that we receive;

it is in pardoning that we are pardoned;

and it is in dying that we are born to eternal life.

We pray this in the name of Jesus.

Amen.

 

 

______

 

 

The Speaker Pro Tempore assumed the Chair.

 

 

______

 

 

Rep. Rabhi moved that Rep. Brenda Carter be excused from today痴 session.

The motion prevailed.

 

Rep. Frederick moved that Rep. Eisen be excused from today痴 session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Frederick moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 4410.

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

The bill was placed on the order of Messages from the Senate.

 

 

Messages from the Senate

 

 

House Bill No. 5523, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

 

Rep. Markkanen moved to amend the Senate substitute (S-1) as follows:

1. Amend page 7, line 27, by striking out all of section 227.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 32 Yeas98

 

 

Aiyash Damoose Lasinski Sabo

Albert Ellison Liberati Scott

Alexander Farrington Lightner Shannon

Allor Filler Lilly Slagh

Anthony Fink Manoogian Sneller

Beeler Frederick Marino Sowerby

Bellino Garza Markkanen Steckloff

Beson Glenn Martin Steenland

Bezotte Green Meerman Stone

Bolden Griffin Morse Tate

Bollin Haadsma Mueller Thanedar

Borton Hall Neeley Tisdel

Brabec Hauck O樽alley VanSingel

Brann Hertel O誰eal VanWoerkom

Breen Hoitenga Outman Wakeman

Brixie Hood Paquette Weiss

Calley Hope Peterson Wendzel

Cambensy Hornberger Pohutsky Wentworth

Camilleri Howell Posthumus Whiteford

Carter, T Johnson, C Puri Whitsett

Cavanagh Jones Rabhi Witwer

Cherry Kahle Rendon Yancey

Clemente Koleszar Rogers Yaroch

Clements Kuppa Roth Young

Coleman LaGrand

 

 

Nays6

 

 

Berman Johnson, S Maddock Reilly

Carra LaFave

 

 

In The Chair: Hornberger

 

 

The Speaker laid before the House

House Bill No. 4410, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2021 and September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

(The bill was received from the Senate on June 30, 2021, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 1, 2021, see House Journal No. 63 of 2021, p. 1305; discharged from the Committee on Appropriations on February 8, see today痴 journal, p. 106.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

 

Rep. Markkanen moved to substitute (H-4) the Senate substitute (S-1).

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as substituted (H-4), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 33 Yeas104

 

 

Aiyash Coleman LaFave Rogers

Albert Damoose LaGrand Roth

Alexander Ellison Lasinski Sabo

Allor Farrington Liberati Scott

Anthony Filler Lightner Shannon

Beeler Fink Lilly Slagh

Bellino Frederick Maddock Sneller

Berman Garza Manoogian Sowerby

Beson Glenn Marino Steckloff

Bezotte Green Markkanen Steenland

Bolden Griffin Martin Stone

Bollin Haadsma Meerman Tate

Borton Hall Morse Thanedar

Brabec Hauck Mueller Tisdel

Brann Hertel Neeley VanSingel

Breen Hoitenga O樽alley VanWoerkom

Brixie Hood O誰eal Wakeman

Calley Hope Outman Weiss

Cambensy Hornberger Paquette Wendzel

Camilleri Howell Peterson Wentworth

Carra Johnson, C Pohutsky Whiteford

Carter, T Johnson, S Posthumus Whitsett

Cavanagh Jones Puri Witwer

Cherry Kahle Rabhi Yancey

Clemente Koleszar Reilly Yaroch

Clements Kuppa Rendon Young

 

 

Nays0

 

 

In The Chair: Hornberger

 

 

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

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

A bill to make, supplement, and adjust appropriations for capital outlay purposes for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Speaker laid before the House

Senate Concurrent Resolution No. 7.

A concurrent resolution to urge the Natural Resources Commission to authorize, and the Department of Natural Resources to organize, wolf hunting and trapping as part of the state痴 wolf management efforts beginning in 2021.

(For text of concurrent resolution, see House Journal No. 21 of 2021, p. 290.)

(The concurrent resolution was reported by the Committee on Natural Resources and Outdoor Recreation on January 27, with substitute (H-1).)

(For substitute, see House Journal No. 7, p. 72.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Rep. Cavanagh moved that her name be removed as co-sponsor of the concurrent resolution.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Rep. Frederick moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Frederick moved that the Committee on Natural Resources and Outdoor Recreation be discharged from further consideration of House Resolution No. 219.

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

 

 

The Speaker laid before the House

House Resolution No. 219.

A resolution to urge the Wolf Management Advisory Council and the Natural Resources Commission to authorize, and the Department of Natural Resources to organize, wolf hunting and trapping as part of the state痴 wolf management efforts beginning in 2022.

(For text of resolution, see House Journal No. 8, p. 78.)

(The resolution was discharged from the Committee on Natural Resources and Outdoor Recreation on February 8.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bellino, Berman, Beson, Bezotte, Bollin, Damoose, Frederick, Green, Griffin, Hoitenga, Hornberger, Maddock, Marino, Martin, O樽alley, Paquette, Rendon, Roth, and Wakeman were named co‑sponsors of the resolution.

 

 

Reps. Martin, Bezotte, Cavanagh, Cherry, Haadsma, Morse, Sabo, Sneller, Thanedar and Weiss offered the following resolution:

House Resolution No. 222.

A resolution to declare February 2022 as Career and Technical Education Month in the state of Michigan.

Whereas, A competitive economy requires workers who are prepared for skilled professions; and

Whereas, Career and technical education (CTE) training matches employability skills with workforce demand and provides relevant academic and technical coursework leading to industry-recognized credentials for secondary, post-secondary, and adult learners; and

Whereas, CTE ensures that competitive and skilled workers are ready, willing, and capable of holding jobs in high-wage, high-skill, and in-demand career fields such as science, technology, engineering, mathematics, nursing, allied health, construction, information technology, energy sustainability, and many other career fields that are vital in keeping Michigan competitive in our global economy; and

Whereas, Investing in CTE training for Michigan schools helps meet the very real and immediate challenges of economic development, student achievement, and competitiveness; and

Whereas, Providing real-world training to Michigan students during their secondary education gives them experience in multiple career field opportunities; and

Whereas, Over 529,000 Michigan job openings are projected annually through the year 2028, with a current average income of $48,545 per year for skilled trades jobs that do not require a bachelor痴 degree yet increasingly require some level of postsecondary education; and

Whereas, Over 102,988 Michigan high school students were enrolled in CTE during the 2020-2021 school year. More than 95% of Michigan students who focused their education in CTE go on to participate in postsecondary educational opportunities, seek further advanced career and technical education training, volunteer for military service, or find employment within a year of graduation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2022 as Career and Technical Education Month in the state of Michigan. We urge continued awareness of career and technical training for the students of Michigan to ensure the sustainability of Michigan痴 workforce for the years to come; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan and the State Superintendent.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Thanedar, Cavanagh, Haadsma, Manoogian, Sabo, Sneller and Young offered the following resolution:

House Resolution No. 223.

A resolution to declare February 2022 as Fitness Month in the state of Michigan.

Whereas, Fitness has significant health benefits for hearts, bodies, and minds. These benefits can include, but are not limited to, reduced risk of cardiovascular disease, Type 2 diabetes, cancer, healthy weight management, and reduced risk of depression and anxiety; and

Whereas, The International Physical Literacy Association reports that confidence, physical competence, knowledge, and understanding to value and take responsibility for engagement in physical activities for life, is critical for child development; and

Whereas, Adults under 65 should engage in 150 to 300 minutes of moderate cardio activity each week, in addition to two strength related workouts, according to U.S. Department of Health and Human Services Physical Activity Guidelines for Americans. However, fewer than half of Americans meet both recommendations, according to the Centers for Disease Control and Prevention (CDC).

Whereas, The percentage of Michigan adults who met the federal physical activity guidelines from 2015‑2019 never exceeded 25%, according to a CDC Behavioral Risk Factor Surveillance System study; and

Whereas, The state of Michigan is home to over 1,000 health clubs that service over 2.5 million residents. The fitness industry helps combat a 33% adult obesity rate and lowers healthcare costs, 83% of which are spent on chronic diseases; and

Whereas, Health clubs are a key economic asset to the state of Michigan, bringing in more than $776 million in revenue and employing over 46,000 residents; and

Whereas, The Michigan Fitness Club Association (MFCA) is a statewide membership organization dedicated to educating and promoting fitness and wellness and connecting exercise centers with our healthcare delivery system. MDCA brings together organizations such as Planet Fitness, Burn Fitness, Orangetheory Fitness, and more, to empower fitness professionals and improve health outcomes in Michigan; and

Whereas, In the month of February, health clubs and volunteers will come together throughout the state of Michigan to raise awareness about the importance of fitness to achieve their mission of delivering health and wellness to the public; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2022 as Fitness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. LaGrand, Lasinski, Hertel, Tate, Hope, O誰eal, Breen, Puri, Peterson, Thanedar, Brixie, Neeley, Scott, Cherry, Sneller, Cynthia Johnson, Cavanagh, Haadsma, Morse, Sabo, Sowerby, Weiss and Young offered the following resolution:

House Resolution No. 224.

A resolution to create the House Select Committee on Ethics.

Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in relevant part:

All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability...

; and

Whereas, Rule 74(4) of the Standing Rules of the House of Representatives states:

A Member shall not convert for personal, business and/or campaign use, unrelated to House business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines.

; now, therefore, be it

Resolved by the House of Representatives, That the House Select Committee on Ethics is created. The select committee shall consist of six members. Three members of the select committee shall be members of the House Republican Caucus. Three members of the select committee shall be members of the House Democratic Caucus. The Speaker of the House and the House Minority Leader shall each designate a co‑chair of the select committee; and be it further

Resolved, That the House Select Committee on Ethics may subpoena witnesses, administer oaths, and examine the books, records, and tapes of any person, partnership, association, or corporation, public or private, involved in a matter properly before the committee; may call upon the services and personnel of any agency of the state and its political subdivisions; and may engage such assistance as it deems necessary; and be it further

Resolved, That the House Select Committee on Ethics shall have the power to investigate impropriety, unjust or illicit self-enrichment, or gross misconduct, and to work in conjunction with law enforcement on suspected criminal activity by current and former members of the House of Representatives for the purposes of transparency, to inform the public, and to consider disciplinary action; and be it further

Resolved, That the House Select Committee on Ethics shall:

1.      Act only on complaints made publicly, tendered with an offer of proof and subject to criminal penalties for knowingly false statements in tendered complaints.

2.      Open investigations only by vote of a majority of each Caucus members serving on the select committee.

3.      Conduct all deliberations in public, and make all documents tendered to the select committee freely available to the public and comply with the Open Meetings Act.

; and be it further

Resolved, That the House Select Committee on Ethics shall report its findings and recommendations to the House of Representatives.

The resolution was referred to the Committee on Oversight.

 

 

Reps. Breen, Cavanagh, Cherry, Haadsma, Manoogian, Morse, Sabo, Sneller, Sowerby, Thanedar, Weiss and Young offered the following resolution:

House Resolution No. 225.

A resolution to declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.

Whereas, In the 2017-2018 school year, more than 3,659 threats and incidents of violence occurred in American K-12 schools; and

Whereas, The 2017-2018 school year saw 279 incidents of violence compared to 131 events in the 2016‑2017 school year; and

Whereas, November 30, 2021, ended with the loss of Hana St. Juliana, Tate Myre, Madisyn Baldwin, and Justin Shilling from Oxford High School. This tragedy has shattered our state and we grieve with their families, friends, and the entire Oxford community; and

Whereas, This loss of life and innocence at Oxford High School, Parkland, Columbine, Sandy Hook Elementary, and all other schools in America is unbearable, soul crushing, unacceptable, and perhaps even preventable; and

Whereas, It is incumbent upon us to collectively raise our voices and say not one more, and take all measures and actions to ensure the safety and wellbeing of our children, educators, and school staff; and

Whereas, Schools and communities across our state lack the mental health experts, counselors, social workers, and psychologists to identify and assist students showing warning signs for depression and violence; and

Whereas, Schools need the resources to significantly invest and plan against acts of violence, which includes building security updates, coordination with law enforcement, creating threat assessment teams, and ensuring mental health resources and social emotional learning programs are available; and

Whereas, Creating safe school environments requires a comprehensive, coordinated effort including schoolwide, districtwide, and communitywide strategies where all institutions, organizations and individuals must accept responsibility for their critical roles and collaborate to establish a positive environment for teaching and learning; and

Whereas, Safe schools provide an environment where teaching and learning are not distracted; disruptions are minimized; drugs, violence, bullying and fear are not present; students are not discriminated against; expectations for behavior are clearly communicated and standards of behavior are maintained; and consequences for infractions are consistently and fairly applied; and

Whereas, Even if the incident is not experienced directly, the number of incidents, the intense level of attention, and the elevated anxiety impacts educators, students and their communities; and

Whereas, Acts of violence have multiple causes and will require multiple solutions to prevent as many tragedies as we can, and heal from the acts we are unable to stop; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

 

Rep. Breen moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 225.

A resolution to declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.

Whereas, In the 2017-2018 school year, more than 3,659 threats and incidents of violence occurred in American K-12 schools; and

Whereas, The 2017-2018 school year saw 279 incidents of violence compared to 131 events in the 2016‑2017 school year; and

Whereas, November 30, 2021, ended with the loss of Hana St. Juliana, Tate Myre, Madisyn Baldwin, and Justin Shilling from Oxford High School. This tragedy has shattered our state and we grieve with their families, friends, and the entire Oxford community; and

Whereas, This loss of life and innocence at Oxford High School, Parkland, Columbine, Sandy Hook Elementary, and all other schools in America is unbearable, soul crushing, unacceptable, and perhaps even preventable; and

Whereas, It is incumbent upon us to collectively raise our voices and say not one more, and take all measures and actions to ensure the safety and wellbeing of our children, educators, and school staff; and

Whereas, Creating safe school environments requires a comprehensive, coordinated effort including schoolwide, districtwide, and communitywide strategies where all institutions, organizations and individuals must accept responsibility for their critical roles and collaborate to establish a positive environment for teaching and learning; and

Whereas, Safe schools provide an environment where teaching and learning are not distracted; disruptions are minimized; drugs, violence, bullying and fear are not present; students are not discriminated against; expectations for behavior are clearly communicated and standards of behavior are maintained; and consequences for infractions are consistently and fairly applied; and

Whereas, Even if the incident is not experienced directly, the number of incidents, the intense level of attention, and the elevated anxiety impacts educators, students and their communities; and

Whereas, Acts of violence have multiple causes and will require multiple solutions to prevent as many tragedies as we can, and heal from the acts we are unable to stop; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

______

 

 

The Speaker Pro Tempore called Associate Speaker Pro Tempore Lightner to the Chair.

Second Reading of Bills

 

 

House Bill No. 4887, entitled

A bill to amend 1939 PA 288, entitled 撤robate code of 1939, by amending section 16 of chapter XIIA (MCL 712A.16), as amended by 2019 PA 102.

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

The motion prevailed.

 

 

House Bill No. 5074, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 22215 (MCL 333.22215), as amended by 2002 PA 619.

The bill was read a second time.

 

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

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

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

The motion prevailed.

 

 

House Bill No. 5075, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 22219 (MCL 333.22219), as added by 2002 PA 619.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 5076, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 22221 (MCL 333.22221), as amended by 2002 PA 619.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 5077, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 22213 (MCL 333.22213), as amended by 2002 PA 619.

The bill was read a second time.

 

Rep. Cambensy moved to amend the bill as follows:

1. Amend page 3, line 5, after than by striking out 72 hours and inserting 14 calendar days.

2. Amend page 3, line 9, after than by striking out 7 and inserting 14.

3. Amend page 3, line 13, by striking out 7 and inserting 14.

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

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

The motion prevailed.

 

 

House Bill No. 5558, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending sections 2688, 2690, and 2836 (MCL 333.2688, 333.2690, and 333.2836), section 2690 as amended by 2016 PA 386 and section 2836 as added by 2012 PA 499.

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

The motion prevailed.

 

 

House Bill No. 5559, entitled

A bill to amend 1927 PA 175, entitled 典he code of criminal procedure, by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2018 PA 587.

The bill was read a second time.

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

The motion prevailed.

 

 

Messages from the Governor

 

 

The following veto message from the Governor was received and read:

 

Executive Office, Lansing, February 4, 2022

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909-7514

 

Representatives,

Today, I am returning Enrolled House Bill 4031 without my approval.

Every Michigander has the right to a safe workplace under both state and federal law. Among other requirements, federal law requires our state to maintain workplace standards at least as effective as those set forth in the federal Occupational Health and Safety Act (OSHA).

It is a terrible tragedy whenever a person dies as a result of an on-the-job injury. Federal law requires employers to report the death of any employee from a work-related incident within 8 hours, ensuring that OSHA inspectors can identify and help mitigate whatever hazard caused the death before further tragedies ensue. The Michigan Occupational Health and Safety Administration (MIOSHA) is required to enforce at least the minimum standards for workplace safety required by federal law. Accordingly, MIOSHA Rule 408.22129 mirrors the federal reporting requirement.

HB 4031 would require MIOSHA to automatically reduce the penalty for late reporting of a workplace death on certain family farms by the maximum amount allowable, even when the employer makes no effort to timely cooperate with an investigation. MIOSHA policies already allow for the agency to reduce fines on family farms by up to 90% for employers that cooperate with MIOSHA investigations. The law, however, should not require the agency to waive fines for employers that do not cooperate in good faith.

Moreover, HB 4031 imports a definition of 吐amily farm from the federal tax code that would be inconsistent with how federal OSHA regulates small farms. That definition would create confusion and could result in MIOSHA falling out of compliance with federal standards.

For the foregoing reasons, I am vetoing HB 4031 of 2021.

Respectfully,

Gretchen Whitmer

Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Rep. Frederick moved that the bill be re-referred to the Committee on Agriculture.

The motion prevailed.

 

 

______

 

 

Rep. Frederick moved that House Committees be given leave to meet during the balance of today痴 session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 3:

House Bill Nos. 5724 5725

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 8:

Senate Bill Nos. 856 857 858 859 860 861 862 863

 

 

Reports of Standing Committees

 

 

The Committee on Education, by Rep. Hornberger, Chair, reported

House Bill No. 5686, entitled

A bill to amend 1979 PA 94, entitled 典he state school aid act of 1979, by amending section 18 (MCL 388.1618), as amended by 2021 PA 48.

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. Hornberger, Paquette, Green, Markkanen, O樽alley, Beeler, Damoose and Posthumus

Nays: Reps. Camilleri, Koleszar and Stone

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, February 8, 2022

Present: Reps. Hornberger, Paquette, Green, Markkanen, O樽alley, Beeler, Damoose, Posthumus, Camilleri, Koleszar, Shannon and Stone

Absent: Rep. Brenda Carter

Excused: Rep. Brenda Carter

 

 

The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported

House Bill No. 5304, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, (MCL 436.1101 to 436.2303) by adding section 552.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young

Nays: None

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hauck, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, February 8, 2022

Present: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young

 

 

 

The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported

House Bill No. 4163, entitled

A bill to amend 1976 PA 388, entitled 溺ichigan campaign finance act, by amending section 47 (MCL 169.247), as amended by 2015 PA 269.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett

Nays: None

 

 

The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported

House Bill No. 5335, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending section 735 (MCL 168.735), as amended by 2004 PA 92, and by adding section 730b.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Bollin, Wendzel, Calley, Steven Johnson and Filler

Nays: Reps. Koleszar and Whitsett

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Bollin, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Tuesday, February 8, 2022

Present: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett

 

 

The Committee on Families, Children, and Seniors, by Rep. Wakeman, Chair, reported

House Bill No. 5657, entitled

A bill to amend 1975 PA 238, entitled 鼎hild protection law, by amending section 7b (MCL 722.627b), as amended by 2011 PA 89.

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. Wakeman, Meerman, Rendon, Roth, Tisdel, Pohutsky and Camilleri

Nays: None

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Wakeman, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Tuesday, February 8, 2022

Present: Reps. Wakeman, Meerman, Rendon, Roth, Tisdel, Pohutsky, Camilleri and Aiyash

Absent: Rep. Brenda Carter

Excused: Rep. Brenda Carter

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. O樽alley, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Tuesday, February 8, 2022

Present: Reps. O樽alley, Howell, Griffin, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri

Absent: Reps. Eisen and LaFave

Excused: Reps. Eisen and LaFave

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. LaFave, Chair, of the Committee on Military, Veterans and Homeland Security, was received and read:

Meeting held on: Tuesday, February 8, 2022

Present: Reps. LaFave, Beeler, Bezotte, Martin, Rogers, Anthony, Coleman and Steenland

Absent: Rep. Eisen

Excused: Rep. Eisen

 

 

Announcements by the Clerk

 

 

February 1, 2022

Received from the Auditor General a copy of the:

         Report on Internal Control, Compliance, and Other Matters of the State of Michigan 401K Plan (071‑0156-22), Fiscal Year Ended September 30, 2021.

         Report on Internal Control, Compliance, and Other Matters of the State of Michigan 457 Plan (071‑0157-22), Fiscal Year Ended September 30, 2021.

Gary L. Randall

Clerk of the House

 

 

______

 

 

Rep. Bolden moved that the House adjourn.

The motion prevailed, the time being 5:00 p.m.

 

Associate Speaker Pro Tempore Lightner declared the House adjourned until Wednesday, February 9, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives