STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Wednesday, March 10, 2021.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Aiyash—present Damoose—present LaFave—present Roth—present
Albert—present Eisen—present LaGrand—present Sabo—present
Alexander—present Ellison—present Lasinski—present Schroeder—present
Allor—present Farrington—present Liberati—present Scott—present
Anthony—present Filler—present Lightner—present Shannon—present
Beeler—present Fink—present Lilly—present Slagh—present
Bellino—present Frederick—present Maddock—present Sneller—present
Berman—present Garza—present Manoogian—present Sowerby—present
Beson—present Glenn—present Marino—present Steckloff—present
Bezotte—present Green—present Markkanen—present Steenland—present
Bolden—present Griffin—present Martin—present Stone—present
Bollin—present Haadsma—present Meerman—present Tate—present
Borton—present Hall—present Morse—present Thanedar—present
Brabec—present Hammoud—present Mueller—present Tisdel—present
Brann—present Hauck—present Neeley—present VanSingel—present
Breen—present Hertel—present O’Malley—present VanWoerkom—present
Brixie—present Hoitenga—present O’Neal—present Wakeman—present
Calley—present Hood—present Outman—present Weiss—present
Cambensy—present Hope—present Paquette—present Wendzel—present
Camilleri—present Hornberger—present Peterson—present Wentworth—present
Carra—present Howell—present Pohutsky—present Whiteford—present
Carter, B—present Huizenga—present Posthumus—present Whitsett—present
Carter, T—present Johnson, C—present Puri—present Witwer—present
Cavanagh—present Johnson, S—present Rabhi—present Wozniak—present
Cherry—present Jones—present Reilly—present Yancey—present
Clemente—present Kahle—present Rendon—present Yaroch—present
Clements—present Koleszar—present Rogers—present Young—present
Coleman—present Kuppa—present
e/d/s = entered during session
Rep. John N. Damoose, from the 107th District, offered the following invocation:
“Heavenly Father,
We approach You today in a spirit of humility, each of us aware of our own sins and failings and in need of Your forgiveness – each of us with a distinct story and a unique set of experiences and talents that You have given us.
We look to You for guidance and wisdom, and share but one certainty – that You love each of us so much that You gave Your very Son – without any reservation – that we may have life.
Your love is perfect – ours is not. Help us to love one another as sisters and brothers. Help us to love the people we serve with our best ideas and tireless labor. And most of all, help each of us to love You more deliberately with our whole heart, our whole mind, and all of our strength. We pray in the name of Jesus. Amen.”
______
The Speaker assumed the Chair.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 52.
A resolution of tribute offered as a memorial for Sal Rocca, former member of the House of Representatives.
Whereas, It was with great sorrow that the members of the this legislative body learned about the passing of Sal Rocca. He will be remembered as a dedicated public servant who was deeply committed to his constituents in Macomb County and the people of the state of Michigan during more than two decades of service in the House of Representatives; and
Whereas, Born in Italy, Sal Rocca’s family immigrated to Windsor, Ontario, and then settled in Detroit, Michigan, when he was 13. He attended the industrial technology program at Cass Technical High School and Macomb Community College and completed the real estate institute program offered by the University of Michigan and the Michigan Association of Realtors. He worked as a journeyman skilled tradesman at General Motors, and he was a licensed real estate broker for many years. He married Suzanne J. Marshall and raised two children, Michael Christopher and Tory Matthew; and
Whereas, Sal Rocca devoted most of his adult life to public service. First elected to the House of Representatives in 1974, Representative Rocca served 11 terms in the House from 1975 to 1980, 1983 to 1994, and 2001 to 2004. During his service, he sponsored numerous pieces of legislation that were enacted into law, including the Michigan Great Lakes Bottomlands Preserves Act, the Michigan Charter Boat Act, and the Prisoner Reimbursement Act. Additionally, he led the passage of legislation to improve tanker truck safety and to construct the Vietnam Veterans’ Memorial Monument at the Michigan Capitol; and
Whereas, As a trusted leader in the Legislature, he served as Dean of the House and held leadership roles on many committees, including as the chair of the Regulatory Reform Committee, Liquor Control Committee, and the Joint Committee on Administrative Rules and as vice chair of the committees on Public Health, Gaming and Casino Oversight, and State Affairs; and
Whereas, Sal Rocca was committed to improving the lives of his constituents and his community. He made constituent services and problem solving for his constituents a principal focus of his work. In addition to legislative service, he was a member of numerous community organizations and served on the Macomb County Board of Commissioners from 1995 to 2000; and
Whereas, Upon his passing, we offer condolences to his family and friends. We hope that they may find comfort in the knowledge that the community shares in their bereavement and that the legacy of Sal Rocca’s contributions will long continue to enrich our state; now, therefore, be it
Resolved by the House of
Representatives, That we offer this expression of our highest tribute to honor
the memory of Sal Rocca, a member of the House of Representatives from 1975 to
1980, 1983 to 1994, and 2001 to 2004; and be it further
Resolved, That copies of this resolution be transmitted to the Rocca family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Third Reading of Bills
House Bill No. 4219, entitled
A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621) as amended by 2020 PA 191.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 38 Yeas—93
Aiyash Ellison LaGrand Schroeder
Albert Filler Lasinski Scott
Alexander Fink Liberati Shannon
Anthony Frederick Lightner Slagh
Beeler Garza Lilly Sneller
Bellino Glenn Manoogian Sowerby
Berman Griffin Marino Steckloff
Beson Hall Markkanen Steenland
Bolden Hammoud Martin Stone
Bollin Hauck Morse Tate
Brabec Hertel Neeley Thanedar
Breen Hoitenga O’Malley Tisdel
Brixie Hood O’Neal VanSingel
Calley Hope Outman Wakeman
Cambensy Howell Peterson Weiss
Camilleri Huizenga Pohutsky Wendzel
Carra Johnson, C Puri Wentworth
Carter, B Johnson, S Rabhi Whiteford
Carter, T Jones Reilly Whitsett
Cavanagh Kahle Rendon Witwer
Cherry Koleszar Rogers Wozniak
Clemente Kuppa Roth Yancey
Coleman LaFave Sabo Young
Damoose
Nays—17
Allor Eisen Hornberger Paquette
Bezotte Farrington Maddock Posthumus
Borton Green Meerman VanWoerkom
Brann Haadsma Mueller Yaroch
Clements
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4220, entitled
A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1c (MCL 780.621c), as added by 2020 PA 187.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 39 Yeas—93
Aiyash Ellison LaGrand Schroeder
Albert Filler Lasinski Scott
Alexander Fink Liberati Shannon
Anthony Frederick Lightner Slagh
Beeler Garza Lilly Sneller
Bellino Glenn Manoogian Sowerby
Berman Griffin Marino Steckloff
Beson Hall Markkanen Steenland
Bolden Hammoud Martin Stone
Bollin Hauck Morse Tate
Brabec Hertel Neeley Thanedar
Breen Hoitenga O’Malley Tisdel
Brixie Hood O’Neal VanSingel
Calley Hope Outman Wakeman
Cambensy Howell Peterson Weiss
Camilleri Huizenga Pohutsky Wendzel
Carra Johnson, C Puri Wentworth
Carter, B Johnson, S Rabhi Whiteford
Carter, T Jones Reilly Whitsett
Cavanagh Kahle Rendon Witwer
Cherry Koleszar Rogers Wozniak
Clemente Kuppa Roth Yancey
Coleman LaFave Sabo Young
Damoose
Nays—17
Allor Eisen Hornberger Paquette
Bezotte Farrington Maddock Posthumus
Borton Green Meerman VanWoerkom
Brann Haadsma Mueller Yaroch
Clements
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4053, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 104.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 40 Yeas—109
Aiyash Damoose Kuppa Rogers
Albert Eisen LaFave Roth
Alexander Ellison LaGrand Sabo
Allor Farrington Lasinski Schroeder
Anthony Filler Liberati Scott
Beeler Fink Lightner Shannon
Bellino Frederick Lilly Slagh
Berman Garza Maddock Sneller
Beson Glenn Manoogian Sowerby
Bezotte Green Marino Steckloff
Bolden Griffin Markkanen Steenland
Bollin Haadsma Martin Stone
Borton Hall Meerman Tate
Brabec Hammoud Morse Thanedar
Brann Hauck Mueller Tisdel
Breen Hertel Neeley VanSingel
Brixie Hoitenga O’Malley VanWoerkom
Calley Hood O’Neal Wakeman
Cambensy Hope Outman Weiss
Camilleri Hornberger Paquette Wendzel
Carra Howell Peterson Wentworth
Carter, B Huizenga Pohutsky Whiteford
Carter, T Johnson, C Posthumus Whitsett
Cavanagh Johnson, S Puri Witwer
Cherry Jones Rabhi Wozniak
Clemente Kahle Reilly Yaroch
Clements Koleszar Rendon Young
Coleman
Nays—1
Yancey
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed,
2/3 of the members serving voting therefor.
House Bill No. 4040, entitled
A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2016 PA 146.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Workforce, Trades, and Talent,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Frederick moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, March 9:
House Bill Nos. 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4480 4481 4482 4483 4484
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, March 10:
Senate Bill Nos. 215 216 217 218 219 220 221 222 223 224 225 226 227
The Clerk announced that the following Senate bill had been received on Wednesday, March 10:
Senate Bill No. 178
Reports of Standing Committees
The Committee on Military, Veterans and Homeland Security, by Rep. LaFave, Chair, reported
House Bill No. 4029, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2012 PA 122.
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. LaFave, Beeler, Eisen, Bezotte, Martin, Jones, Coleman and Steenland
Nays: Rep. Rogers
The Committee on Military, Veterans and Homeland Security, by Rep. LaFave, Chair, reported
House Resolution No. 47.
A resolution to call on the National Guard Bureau to immediately end the current food contract for the 1,000 Michigan National Guard Service members deployed to Washington, D.C., and provide a per diem food allowance backdated to the start of the mobilization.
(For text of resolution, see House Journal No. 18 p. 224)
With the recommendation that the resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaFave, Beeler, Eisen, Bezotte, Martin, Jones, Coleman, Rogers and Steenland
Nays: None
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: Wednesday, March 10, 2021
Present: Reps. LaFave, Beeler, Eisen, Bezotte, Martin, Jones, Coleman, Rogers and Steenland
The Committee on Health Policy, by Rep. Kahle, Chair, reported
House Bill No. 4359, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17210 as amended by 2017 PA 22 and section 17708 as amended by 2020 PA 4.
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. Kahle, Meerman, Whiteford, Alexander, Allor, Hauck, Beeler, Fink, Roth, Tisdel, Witwer, Pohutsky, Whitsett and Morse
Nays: Reps. Filler and Mueller
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kahle, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, March 9, 2021
Present: Reps. Kahle, Meerman, Whiteford, Alexander, Allor, Hauck, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer, Clemente, Pohutsky, Stone, Whitsett and Morse
Absent: Rep. Neeley
Excused: Rep. Neeley
The Committee on Agriculture, by Rep. Alexander, Chair, reported
Senate Bill No. 186, entitled
A bill to amend 2020 PA 220, entitled “Industrial hemp growers act,” by amending sections 103, 211, 301, 303, 305, 307, 309, 311, 401, 403, 405, 407, 503, 505, 509, 511, 601, 603, 605, 607, and 609 (MCL 333.29103, 333.29211, 333.29301, 333.29303, 333.29305, 333.29307, 333.29309, 333.29311, 333.29401, 333.29403, 333.29405, 333.29407, 333.29503, 333.29505, 333.29509, 333.29511, 333.29601, 333.29603, 333.29605, 333.29607, and 333.29609) and by adding section 602 and chapter VIII; and to repeal acts and parts of acts.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 10, line 18, after “complaint,” by inserting “the grower or the grower’s authorized agent must be present and”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Alexander, Posthumus, Bellino, Rendon, Filler, Garza, Cambensy, Hope, Witwer and Puri
Nays: Rep. Carra
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Alexander, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, March 10, 2021
Present: Reps. Alexander, Posthumus, Bellino, Rendon, Filler, Carra, Garza, Cambensy, Hope, Witwer and Puri
The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported
House Bill No. 4282, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 163 (MCL 168.163), as amended by 2012 PA 276.
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. Bollin, Wendzel, Calley, Filler, Koleszar and Whitsett
Nays: Rep. Steven Johnson
The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported
House Bill No. 4283, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 11 and 11a (MCL 46.411 and 46.411a), section 11 as amended by 2002 PA 158.
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. Bollin, Wendzel, Calley, Filler, Koleszar and Whitsett
Nays: Rep. Steven Johnson
The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported
House Bill No. 4284, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 193 and 254 (MCL 168.193 and 168.254), section 193 as amended by 2012 PA 276 and section 254 as amended by 2018 PA 120.
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. Bollin, Wendzel, Calley, Filler, Koleszar and Whitsett
Nays: Rep. Steven Johnson
The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported
House Bill No. 4285, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 349 (MCL 168.349), as amended by 2018 PA 654.
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. Bollin, Wendzel, Calley, Filler, Koleszar and Whitsett
Nays: Rep. Steven Johnson
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: Wednesday, March 10, 2021
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. 4325, entitled
A bill to amend 1981 PA 180, entitled “Older Michiganians act,” (MCL 400.581 to 400.594) by adding section 6l.
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, Wozniak, Marino, Rendon, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash
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: Wednesday, March 10, 2021
Present: Reps. Wakeman, Wozniak, Marino, Rendon, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bellino, Chair, of the Committee on Energy, was received and read:
Meeting held on: Wednesday, March 10, 2021
Present: Reps. Bellino, Markkanen, Hoitenga, Reilly, Berman, Paquette, Schroeder, Martin, Outman, Roth, Manoogian, Sneller, Cherry, Haadsma, Morse, Puri and Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:
Meeting held on: Wednesday, March 10, 2021
Present: Reps. Farrington, Wakeman, Griffin, Reilly, O’Malley, Carra, Clemente, Camilleri, Rogers, Scott and Young
Messages from the Senate
A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending sections 3a, 3b, and 3c (MCL 445.573a, 445.573b, and 445.573c), section 3a as added by 1989 PA 148, section 3b as amended by 1998 PA 473, and section 3c as amended by 1996 PA 384.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Concurrent Resolution No. 6.
A concurrent resolution to urge the Natural Resources Commission and the Department of Natural Resources to end the research study begun in 2019 concerning the effectiveness of antler point restrictions as a management tool in the chronic wasting disease core area.
Whereas, Chronic wasting disease (CWD) is a contagious fatal neurodegenerative disease affecting several species of cervids (deer, elk, and moose), including white-tailed deer. CWD is considered the most important disease currently threatening North American cervids. It belongs to a group of diseases known as transmissible spongiform encephalopathies that are caused by infectious misfolded proteins called prions that attack the brain of infected animals, resulting in death; and
Whereas, While CWD has been identified in deer in several counties in both the Upper and Lower Peninsulas, five counties in the Lower Peninsula have been identified as the Core CWD Area. These counties, Ionia, Kent, Mecosta, Montcalm, and Newaygo, are the focus of the antler point study; and
Whereas, The Department of Natural Resources is studying the influence of antler point restrictions on hunter harvest decisions. While harvest decisions may affect population, herd composition, and demographics, these decisions will not provide any data regarding changes to CWD prevalence, disease transmission, disease related mortality, or other data directly related to CWD within the Core CWD Area; and
Whereas, The antler point restrictions under the study will be in effect through 2021; and
Whereas, The Department of Natural Resources’ CWD Response Plan clearly acknowledges that increasing harvest of yearling bucks will minimize disease spread via dispersal. Conversely, antler point restrictions protect most yearling bucks from harvest, facilitating increased dispersal, enlarging the geographic scope of CWD, and increasing the number of mature bucks in the herd. Demographic sampling suggests that mature bucks have up to double the prevalence rate of other deer in the herd; and
Whereas, Adequate safeguards to prevent an adverse impact to the resource caused by antler point restrictions are lacking from this experiment. Eliminating antler point restrictions will increase the harvest of yearling males thus reducing the geographic spread of CWD and also reducing overall herd prevalence; and
Whereas, Discontinuing the study before it is completed is the decision of the Natural Resources Commission in consultation with the director of the DNR. Preliminary data resulting from this study fails to support the premise that antler point restrictions result in changes which could be beneficial to mitigating CWD. This evidence suggests that antler point restrictions resulted in a significant decrease in the deer harvest, which is detrimental to CWD mitigation efforts. Continuing this study will result in irreversible biological harm to the resource due to the lack of adequate safeguards mitigating the adverse impact that antler point restrictions have in areas where CWD is a factor; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the Department of Natural Resources to end research concerning the effectiveness of antler point restrictions as a management tool to reduce chronic wasting disease; and be it further
Resolved, That copies of this resolution be transmitted to the Director of the Department of Natural Resources and the members of the Natural Resources Commission.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Natural Resources and Outdoor Recreation.
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's wolf management efforts beginning in 2021.
Whereas, Gray wolves in Michigan have been protected under the federal Endangered Species Act since 1974. At that time, gray wolves were in danger of going extinct and needed the special protection provided by the act to aid their recovery; and
Whereas, The federal government removed the gray wolf from the federal Endangered Species list effective January 4, 2021. Gray wolves have made a remarkable recovery from near extinction. Michigan’s current gray wolf population of almost 700 wolves exceeds by over three times the number of wolves biologists consider necessary to maintain a healthy population in the state. Michigan’s wolf population has met all federal recovery goals for delisting both in terms of number of wolves and the stability of those numbers for many years; and
Whereas, The state of Michigan is now responsible for managing its gray wolf population, and Department of Natural Resources officials stated as recently as the summer of 2020 that their survey results show that Michigan’s wolf population has recovered. Wolves in Michigan achieved the minimum sustainable population goal of 200 wolves for five consecutive years in 2004 and have since surpassed state and federal population recovery goals for nearly 20 years; and
Whereas, A managed wolf hunt in the state is a viable means of ensuring stable wolf population numbers. Wolf hunting allows the wolf population to be kept at levels that ensure the overall survival of the animal but limit potential wolf and human conflicts; and
Whereas, Michigan has an active and legitimate wolf management plan in place that was updated in 2015. While we commend the department for beginning the process of updating this plan again and commend the Natural Resources Commission for setting a plan update deadline of the end of 2021, there is no statutory requirement or precedent to delay a 2021 wolf hunt while the plan is reviewed and updated. Neither is there a requirement for a statewide public attitude survey or study to occur prior to a hunting season; and
Whereas, The law is clear that the commission should, to the greatest extent practicable, utilize principles of sound scientific management in making decisions regarding the taking of game; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the Natural Resources Commission to authorize, and the Department of Natural Resources to organize, wolf hunting and trapping as part of the state’s wolf management efforts beginning in 2021; and be it further
Resolved, That copies of this resolution be transmitted to the members of the Natural Resources Commission and the Director of the Department of Natural Resources.
The Senate has adopted the concurrent resolution.
Rep. Cavanaugh was named co-sponsor of the concurrent resolution.
The concurrent resolution was referred to the Committee on Natural Resources and Outdoor Recreation.
Introduction of Bills
House Bill No. 4485, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 7 (MCL 205.427), as amended by 2016 PA 86.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
House Bill No. 4486, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21.
The bill was read a first time by its title and referred to the Committee on Insurance.
House Bill No. 4487, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 12 and 31 of chapter IX and section 17f of chapter XVII (MCL 769.12, 769.31, and 777.17f), section 12 of chapter IX as amended by 2012 PA 319, section 31 of chapter IX as amended by 2020 PA 395, and section 17f of chapter XVII as amended by 2012 PA 611.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4488, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 20g, 33, 34, 34a, 35, 36, 51, 65, and 65a (MCL 791.220g, 791.233, 791.234, 791.234a, 791.235, 791.236, 791.251, 791.265, and 791.265a), section 20g as amended by 2000 PA 211, sections 33 and 34 as amended by 2019 PA 14, section 34a as amended by 2012 PA 259, section 35 as amended by 2019 PA 13, section 36 as amended by 2020 PA 398, section 51 as amended by 1998 PA 269, section 65 as amended by 2019 PA 16, and section 65a as amended by 2012 PA 599; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4489, entitled
A bill to amend 1893 PA 118, entitled “An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith,” by amending section 33 (MCL 800.33), as amended by 1999 PA 148; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
Received from the Auditor General a copy of the:
· Performance audit report on the Clean Michigan Initiative Environmental Protection Programs, Department of Environment, Great Lakes, and Energy (761-0217-20), March 2021.
March 5, 2021
Received from the Auditor General a copy of the:
· Report on Internal Control, Compliance, and Other Matters Michigan State Employees’ Retirement System, Fiscal Year Ended September 30, 2020 (071-0151-21).
Gary L. Randall
Clerk of the House
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 Appropriations be discharged from further consideration of Senate Bill No. 29.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
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 Senate Bill No. 114.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Senate Bill No. 29, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 21f, 31n, and 167 (MCL 388.1611, 388.1621f, 388.1631n, and 388.1767), sections 11 and 31n as amended by 2020 PA 165, section 21f as amended by 2020 PA 147, and section 167 as amended by 2013 PA 122, and by adding sections 11n, 11o, 11r, 23b, 23c, 23d, and 104a.
The bill was read a second time.
Rep. Albert moved to substitute (H-1) the bill.
Rep. Steckloff moved to amend the bill as follows:
1. Amend page 2, following line 20, by inserting:
“Sec.
11r. (1) From the federal fund money allocated under section 11n, there is
allocated for 2020-2021 an amount not to exceed $1,493,410,500.00 $1,490,677,500.00
from the federal funding awarded to this state from the elementary and
secondary school emergency relief (ESSER) fund under the coronavirus response
and relief supplemental appropriations act, 2021, division M of Public Law
116-260, and from the state school aid fund money appropriated under section
11, there is allocated $136,000,000.00 for the purposes of this section.
(2) From the federal funds allocated under subsection (1), $650,000,000.00 is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.
(3)
Except as otherwise provided in this subsection, from the federal funds
allocated under subsection (1), $840,677,500.00 is allocated for payments to
districts as provided under this subsection. From the funds allocated in this
subsection, the department shall pay each district in proportion to the amount
of funds the district received under part A of title I of the elementary and
secondary education act of 1965, Public Law 103-382, in the most recent fiscal
year. The funding under this subsection is a portion of the funding that is
designated as subgrants to local educational agencies as provided under section
313(c) of the coronavirus response and relief supplemental appropriations act,
2021, division M of Public Law 116-260. The funds allocated in this subsection
must not be paid or otherwise distributed to districts as provided for under
this subsection unless House Bill No. 4049 of the 101st Legislature is enacted
into law and takes effect within 14 days after House Bill No. 4049 is presented
to the governor.
(3)
(4) From the state school aid fund money allocated under subsection
(1), there is allocated $136,000,000.00 to eligible districts as provided in
this subsection. The department shall pay each eligible district under this
subsection an amount equal to the product of the district’s 2020-2021 pupils in
membership multiplied by the difference between $450.00 and the district’s
ESSER formula payment per pupil. A district to which all of the following apply
is an eligible district under this subsection:
(a) The district’s ESSER formula payment per pupil is less than $450.00.
(b)
By not later than March 22, 2021, excluding days that are part of a previously
scheduled period of time for which the district is not in session, the district
offers in-person instruction at least 20 hours each school week if the district’s
school week includes 5 school days or, if the district’s school week does not
include 5 school days, offers in-person instruction in an amount of hours
necessary each school week to provide the instruction it would have provided in
20 hours for a 5-school-day school week to all pupils enrolled in the district,
regardless of whether or not all pupils enrolled in the district participate in
the in‑person instruction offered. This subdivision does not apply to a
district that operates as a cyber school as that term is defined in section 551
of the revised school code, MCL 380.551. As used in this subdivision, “in‑person
instruction” means instruction that a pupil receives while he or she is
physically present at a school building designated by the district in which he
or she is enrolled.
(c) The district has an extended COVID-19 learning plan that has been approved under section 98a. This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551.
(d) The district pledges that it will, beginning with the first meeting after the effective date of the amendatory act that added this subdivision, at each meeting of the board or board of directors, as applicable, of the district during which the district reconfirms how instruction is going to be delivered under section 98a, confirm that it is offering instruction to pupils as described in subdivision (b). This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551.
(4)
(5) Funds received by districts under this section must be used for
the purposes described in section 313(d) of the coronavirus response and
relief supplemental appropriations act, 2021, division M of Public Law
116-260.
(6)
In order to receive funding under this section, a district must submit a
spending plan to the department by not later than 45 days after the effective
date of the amendatory act that added this section. A spending plan described
in this subsection must include the district’s estimated spending of funds
received under this section for the purposes described in subsection
(5), disaggregated by the type of service provided. The department shall send a
report concerning the spending plans received under this subsection to the
legislature.
(5)
(7) From the federal funds allocated under subsection (1), there is
allocated $2,733,000.00 to the department for administrative costs in
implementing this section.
(6)
(8) As used in this section, “ESSER formula payment per pupil” means
an amount equal to the sum of the amount of funds the district receives
under subsection (2) and, if House Bill No. 4049 is enacted into law and
effective within 14 days after House Bill No. 4049 is presented to the
governor, the amount of funds the district receives under subsection (3) or, if
House Bill No. 4049 is not enacted into law and effective within 14 days after
House Bill No. 4049 is presented to the governor, the amount of funds the
district would have received under subsection (3) if House Bill No. 4049 was
enacted into law and effective within 14 days after House Bill No. 4049 was
presented to the governor, as applicable, divided by the district’s pupils
in membership for the 2020-2021 school year as calculated under section 6.”.
Rep. Frederick moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 114, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a second time.
Rep. Albert moved to substitute (H-1) the bill.
Rep. Tate moved to amend the bill as follows:
1. Amend page 4, following line 19, by inserting:
“DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 251. In addition to the funds appropriated in part 1, the department of health and human services may receive and expend not more than $1,452,736,400.00 in federal funds for supplemental nutrition assistance program benefits.”.
2. Amend page 5, following line 5, by inserting:
“Sec. 302. In addition to the funds appropriated in part 1, the department of labor and economic opportunity may receive and expend not more than $378,324,900.00 in federal funds for emergency rental assistance as administered by the terms set forth in section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Public Law 116-260, authorizing the United States Department of Treasury to make payments to certain recipients to be used to provide emergency rental assistance.”.
3. Amend page 22, following line 29, by inserting:
“Enacting section 1. This act does not take effect unless House Bill No. 4334 (request no. 00573’21) of the 101st Legislature is enacted into law.”.
Rep. Frederick 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. Frederick moved that Senate Bill No. 29 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 29, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 21f, 31n, and 167 (MCL 388.1611, 388.1621f, 388.1631n, and 388.1767), sections 11 and 31n as amended by 2020 PA 165, section 21f as amended by 2020 PA 147, and section 167 as amended by 2013 PA 122, and by adding sections 11n, 11o, 11r, 23b, 23c, 23d, and 104a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 41 Yeas—60
Albert Damoose Johnson, S Reilly
Alexander Eisen Kahle Rendon
Allor Farrington LaFave Roth
Beeler Filler Lightner Schroeder
Bellino Fink Lilly Slagh
Berman Frederick Maddock Tisdel
Beson Glenn Marino VanSingel
Bezotte Green Markkanen VanWoerkom
Bollin Griffin Martin Wakeman
Borton Hall Meerman Wendzel
Brann Hauck Mueller Wentworth
Calley Hoitenga O’Malley Whiteford
Cambensy Hornberger Outman Whitsett
Carra Howell Paquette Wozniak
Clements Huizenga Posthumus Yaroch
Nays—50
Aiyash Ellison Liberati Shannon
Anthony Garza Manoogian Sneller
Bolden Haadsma Morse Sowerby
Brabec Hammoud Neeley Steckloff
Breen Hertel O’Neal Steenland
Brixie Hood Peterson Stone
Camilleri Hope Pohutsky Tate
Carter, B Johnson, C Puri Thanedar
Carter, T Jones Rabhi Weiss
Cavanagh Koleszar Rogers Witwer
Cherry Kuppa Sabo Yancey
Clemente LaGrand Scott Young
Coleman Lasinski
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 amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 11 (MCL 388.1611), as amended by 2021 PA 3, and by adding sections 11o and 23d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Frederick moved that Senate Bill No. 114 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 114, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a third time.
The question being on the passage of the bill,
Point of Order
The Chair ruled that great latitude has been given and that the point of order doesn’t stand.
Rep. Rabhi appealed the decision of the Chair.
The question being, “Shall the judgment of the Chair stand as the judgment of the House?”
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting, by yeas and nays, as follows:
Roll Call No. 42 Yeas—62
Albert Eisen Kahle Rendon
Alexander Farrington LaFave Roth
Allor Filler Lightner Schroeder
Beeler Fink Lilly Slagh
Bellino Frederick Maddock Tisdel
Berman Glenn Marino VanSingel
Beson Green Markkanen VanWoerkom
Bezotte Griffin Martin Wakeman
Bollin Haadsma Meerman Wendzel
Borton Hall Mueller Wentworth
Brann Hauck O’Malley Whiteford
Calley Hoitenga Outman Whitsett
Cambensy Hornberger Paquette Witwer
Carra Howell Posthumus Wozniak
Clements Huizenga Reilly Yaroch
Damoose Johnson, S
Nays—48
Aiyash Coleman Lasinski Scott
Anthony Ellison Liberati Shannon
Bolden Garza Manoogian Sneller
Brabec Hammoud Morse Sowerby
Breen Hertel Neeley Steckloff
Brixie Hood O’Neal Steenland
Camilleri Hope Peterson Stone
Carter, B Johnson, C Pohutsky Tate
Carter, T Jones Puri Thanedar
Cavanagh Koleszar Rabhi Weiss
Cherry Kuppa Rogers Yancey
Clemente LaGrand Sabo Young
In The Chair: Hornberger
The question being on the passage of the bill,
Roll Call No. 43 Yeas—66
Albert Eisen Kahle Rendon
Alexander Farrington LaFave Roth
Allor Filler Liberati Schroeder
Beeler Fink Lightner Shannon
Bellino Frederick Lilly Slagh
Berman Garza Maddock Tisdel
Beson Glenn Marino VanSingel
Bezotte Green Markkanen VanWoerkom
Bollin Griffin Martin Wakeman
Borton Haadsma Meerman Wendzel
Brann Hall Mueller Wentworth
Calley Hauck O’Malley Whiteford
Cambensy Hoitenga Outman Whitsett
Carra Hornberger Paquette Witwer
Clements Howell Posthumus Wozniak
Coleman Huizenga Reilly Yaroch
Damoose Johnson, S
Nays—44
Aiyash Clemente Lasinski Scott
Anthony Ellison Manoogian Sneller
Bolden Hammoud Morse Sowerby
Brabec Hertel Neeley Steckloff
Breen Hood O’Neal Steenland
Brixie Hope Peterson Stone
Camilleri Johnson, C Pohutsky Tate
Carter, B Jones Puri Thanedar
Carter, T Koleszar Rabhi Weiss
Cavanagh Kuppa Rogers Yancey
Cherry LaGrand Sabo Young
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4308, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), section 625 as amended by 2020 PA 383 and sections 625a, 625g, and 625m as amended by 2017 PA 153.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 44 Yeas—105
Aiyash Damoose Kuppa Sabo
Albert Eisen LaGrand Schroeder
Alexander Ellison Lasinski Scott
Allor Farrington Liberati Shannon
Anthony Filler Lightner Slagh
Beeler Fink Lilly Sneller
Bellino Frederick Manoogian Sowerby
Berman Garza Marino Steckloff
Beson Glenn Markkanen Steenland
Bezotte Green Martin Stone
Bolden Griffin Meerman Tate
Bollin Haadsma Morse Thanedar
Borton Hall Mueller Tisdel
Brabec Hammoud Neeley VanSingel
Brann Hauck O’Malley VanWoerkom
Breen Hertel O’Neal Wakeman
Brixie Hood Outman Weiss
Calley Hope Paquette Wendzel
Cambensy Hornberger Peterson Wentworth
Camilleri Howell Pohutsky Whiteford
Carter, B Huizenga Posthumus Whitsett
Carter, T Johnson, C Puri Witwer
Cavanagh Johnson, S Rabhi Wozniak
Cherry Jones Rendon Yancey
Clemente Kahle Rogers Yaroch
Clements Koleszar Roth Young
Coleman
Nays—5
Carra LaFave Maddock Reilly
Hoitenga
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed,
2/3 of the members serving voting therefor.
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2017 PA 152.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 45 Yeas—105
Aiyash Damoose Kuppa Sabo
Albert Eisen LaGrand Schroeder
Alexander Ellison Lasinski Scott
Allor Farrington Liberati Shannon
Anthony Filler Lightner Slagh
Beeler Fink Lilly Sneller
Bellino Frederick Manoogian Sowerby
Berman Garza Marino Steckloff
Beson Glenn Markkanen Steenland
Bezotte Green Martin Stone
Bolden Griffin Meerman Tate
Bollin Haadsma Morse Thanedar
Borton Hall Mueller Tisdel
Brabec Hammoud Neeley VanSingel
Brann Hauck O’Malley VanWoerkom
Breen Hertel O’Neal Wakeman
Brixie Hood Outman Weiss
Calley Hope Paquette Wendzel
Cambensy Hornberger Peterson Wentworth
Camilleri Howell Pohutsky Whiteford
Carter, B Huizenga Posthumus Whitsett
Carter, T Johnson, C Puri Witwer
Cavanagh Johnson, S Rabhi Wozniak
Cherry Jones Rendon Yancey
Clemente Kahle Rogers Yaroch
Clements Koleszar Roth Young
Coleman
Nays—5
Carra LaFave Maddock Reilly
Hoitenga
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Sneller moved that the House adjourn.
The motion prevailed, the time being 5:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, March 11, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives