No. 76

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

101st  Legislature

REGULAR  SESSION  OF  2021

 

 

 

 

House Chamber, Lansing, Tuesday, September 28, 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—excused

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—excused          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—excused            Outman—present          Weiss—present

Cambensy—present        Hope—present             Paquette—present         Wendzel—present

Camilleri—present         Hornberger—present     Peterson—excused        Wentworth—present

Carra—present               Howell—present           Pohutsky—present        Whiteford—excused

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—excused            Reilly—present             Yancey—excused

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. Lori M. Stone, from the 28th District, offered the following invocation:

 

“Let us begin by opening our eyes and ears, our minds and hearts. 

During our greatest challenges, it is important to remember to draw on the experience, knowledge, and wisdom of our forebears so that we avoid repeating mistakes as well as find strength, courage, and hope to do what needs to be done. We begin each term swearing our oath of office.

I do solemnly swear to uphold the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of office according to the best of my ability. Let us now reflect on our pledge as we draw inspiration from those who have shared insights on the core democratic values of truth, honesty, and integrity.

Vandana Shiva tells us ‘The fight for truth … is not just our right as free citizens of free societies. It is our duty as citizens of the earth.’

I invoke the words of Booker T. Washington:

A lie doesn’t become truth, 

Wrong doesn’t become right,

And evil doesn’t become good,

Just because it is accepted by a majority. 

One is completely entitled to opinions that are not supported by evidence.

But the moment that opinion is spread as fact, you are a liar.

And if it is spread as fact knowing it is not supported by evidence, you are both a liar and a fraud. 

Government, courts, and our social fabric demand truth, honesty, and integrity. When those threads begin to loosen, our very foundation begins to unravel. 

Let us do less talking and more listening. Let us think carefully before we speak. Let us humble ourselves as we serve. Let us generously express gratitude. Let us live everyday with intention.”

 

 

______

 

 

Rep. Rabhi moved that Reps. Hood, Jones, Peterson and Yancey be excused from today’s session.

The motion prevailed.

 

Rep. Frederick moved that Reps. Marino, Schroeder and Whiteford be excused from today’s session.

The motion prevailed.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, September 23:

House Bill Nos.     5334   5335   5336   5337  5338   5339   5340   5341  5342

 

The Clerk announced the enrollment printing and presentation to the Governor on Friday, September 24, for her approval of the following bill:

Enrolled House Bill No. 4400 at 2:20 p.m.

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, September 28:

Senate Bill Nos.      654    655    656

 

 

Reports of Standing Committees

 

 

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

House Bill No. 5260, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 248l (MCL 257.248l), as added by 2018 PA 420.

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. Hauck, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Garza, Witwer and Steenland

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, September 28, 2021

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

 

 

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

House Bill No. 5097, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2016 PA 170.

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. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose and Posthumus

Nays: Reps. Camilleri, Brenda Carter, Koleszar, Shannon 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, September 28, 2021

Present: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone

 

 

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

House Bill No. 4851, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 483a (MCL 750.483a), as added by 2000 PA 451.

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. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Bolden and Hope

Nays: None

 

 

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

House Bill No. 4852, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 478b.

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. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Bolden and Hope

Nays: None

 

 

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

House Bill No. 4854, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 3b.

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. Filler, Mueller, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Bolden and Hope

Nays: Rep. Steven Johnson

 

 

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

House Bill No. 4856, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2018 PA 68.

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. Filler, Mueller, Kahle, Rendon, Wozniak, Clements, LaGrand, Bolden and Hope

Nays: Rep. Steven Johnson

 

 

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

House Bill No. 4887, entitled

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

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. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak and Clements

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, September 28, 2021

Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Bolden and Hope

Absent: Reps. Yancey and Breen

Excused: Reps. Yancey and Breen

The Committee on Transportation, by Rep. O’Malley, Chair, reported

House Bill No. 5290, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2018 PA 274.

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. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, September 28, 2021

Present: Reps. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri

 

 

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

House Bill No. 5252, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 475 (MCL 168.475), as amended by 1999 PA 219.

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. 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. 5258, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 565, 710, and 711 (MCL 168.565, 168.710, and 168.711), sections 565 and 711 as amended by 1984 PA 113.

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. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett

Nays: None

 

 

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, September 28, 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. 5041, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 3h, and 11 (MCL 722.111, 722.113h, and 722.121), section 1 as amended by 2020 PA 6 and section 3h as added and section 11 as amended by 2017 PA 257.

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, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

 

 

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

House Bill No. 5042, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 5c, and 5m (MCL 722.111, 722.115c, and 722.115m), section 1 as amended by 2020 PA 6, section 5c as amended by 2017 PA 256, and section 5m as added by 2017 PA 258.

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, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

 

 

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

House Bill No. 5043, entitled

A bill to create family child care networks; to prescribe the powers and duties of state departments and agencies; and to provide resources to child care providers.

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, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

 

 

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

House Bill No. 5044, entitled

A bill to provide for infant and toddler child care contracts; to prescribe the powers and duties of certain state departments and agencies; and to provide resources for certain child care providers.

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. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

 

 

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

House Bill No. 5045, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 11b (MCL 722.121b), as amended by 2017 PA 258.

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. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

 

 

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

House Bill No. 5046, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 2 (MCL 722.112), as amended by 2017 PA 257.

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. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

 

 

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

House Bill No. 5047, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 3g (MCL 722.113g), as amended by 2017 PA 257.

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. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

Nays: None

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

House Bill No. 5048, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 8e.

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, Rendon, Roth, 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: Tuesday, September 28, 2021

Present: Reps. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash

 

 

Introduction of Bills

 

 

Rep. Koleszar introduced

House Bill No. 5343, entitled

A bill to enter into the agreement among the states to elect the president by national popular vote; and for related purposes.

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

 

 

Announcements by the Clerk

 

 

September 24, 2021

Received from the Auditor General a copy of the:

·         Performance audit report on Virtual Learning in Cyber Schools, Michigan Department of Education (313-0225-18), September 2021.

                                                                               Gary L. Randall

                                                                               Clerk of the House

 

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. LaFave, Markkanen, Steven Johnson, Rendon, Paquette, O’Malley, Outman, Borton, Damoose, Reilly, Whiteford, Allor, Maddock, Carra and Meerman offered the following resolution:

House Resolution No. 164.

A resolution to demand the rescission of the Dickinson-Iron District Health Department’s mask order or the resignation of Health Officer Daren Deyaert.

Whereas, On September 16, 2021, the Dickinson-Iron District Health Department Health Officer, Daren Deyaert, issued an Emergency Order for Control and Prevention of COVID-19 Transmission in Educational Settings within Dickinson and Iron Counties, Michigan. The order took effect September 20, 2021, and remains in effect until six weeks past the date the COVID-19 vaccine is authorized and available to persons aged five to eleven years old, the Centers for Disease Control and Prevention transmission levels reach “Low” in the counties, or until further notice from the Health Officer; and

Whereas, The order requires that, within educational institutions, children in kindergarten through grade six must consistently and properly wear a facial mask covering both nose and mouth while inside any enclosed building or structure of the institution. The order also requires all persons, regardless of vaccination status, providing service to any child in kindergarten through grade six to properly and consistently wear a face mask while inside any enclosed building or structure of the institution; and

Whereas, There is no justification for a sweeping mask mandate that takes personal safety decisions out of the hands of children and their parents. COVID-19 poses a lower risk to children, and adults have access to a vaccine that dramatically reduces the risk of hospitalization and death; and

Whereas, The people of Dickinson and Iron counties do not support a mask mandate in educational settings. Acting to impose such a mandate against the public will does not serve to protect the health of the community and will be detrimental to the learning process; and

Whereas, Instituting a mask mandate that does little to protect the health of the public and will lead to significant problems in educational settings is not consistent with the role of a local health officer; now, therefore, be it

Resolved by the House of Representatives, That we demand the rescission of the Dickinson-Iron District Health Department’s mask order or the resignation of Health Officer Daren Deyaert; and be it further

Resolved, That a copy of this resolution be transmitted to Dickinson-Iron District Health Department Health Officer Daren Deyaert.

The resolution was referred to the Committee on Government Operations.

 

 

Reps. LaFave, Steven Johnson, Rendon, O’Malley, Outman, Borton, Reilly, Allor, Maddock, Carra and Meerman offered the following resolution:

House Resolution No. 165.

A resolution to urge the Dickinson-Iron District Board of Health to remove Health Officer Daren Deyaert from office.

Whereas, On September 16, 2021, the Dickinson-Iron District Health Department Health Officer, Daren Deyaert, issued an Emergency Order for Control and Prevention of COVID-19 Transmission in Educational Settings within Dickinson and Iron Counties, Michigan. The order took effect September 20, 2021, and remains in effect until six weeks past the date the COVID-19 vaccine is authorized and available to persons aged five to eleven years old, the Centers for Disease Control and Prevention transmission levels reach “Low” in the counties, or until further notice from the Health Officer; and

Whereas, The order requires that, within educational institutions, children in kindergarten through grade six must consistently and properly wear a facial mask covering both nose and mouth while inside any enclosed building or structure of the institution. The order also requires all persons, regardless of vaccination status, providing service to any child in kindergarten through grade six to properly and consistently wear a face mask while inside any enclosed building or structure of the institution; and

Whereas, There is no justification for a sweeping mask mandate that takes personal safety decisions out of the hands of children and their parents. COVID-19 poses a lower risk to children, and adults have access to a vaccine that dramatically reduces the risk of hospitalization and death; and

Whereas, The people of Dickinson and Iron counties do not support a mask mandate in educational settings. Acting to impose such a mandate against the public will does not serve to protect the health of the community and will be detrimental to the learning process; and

Whereas, Instituting a mask mandate that does little to protect the health of the public and will lead to significant problems in educational settings is not consistent with the role of a local health officer; and

Whereas, The Dickinson-Iron District Board of Health has a duty to the residents of its counties to ensure the Health Officer is acting in their best interests; now, therefore, be it

Resolved by the House of Representatives, That we urge the Dickinson-Iron District Board of Health to remove Health Officer Daren Deyaert from office; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Dickinson-Iron District Board of Health.

The resolution was referred to the Committee on Government Operations.

 

 

Reps. LaFave, Markkanen, Steven Johnson, Rendon, O’Malley, Outman, Borton, Damoose, Reilly, Calley, Allor, Maddock, Carra and Meerman offered the following resolution:

House Resolution No. 166.

A resolution to urge the prosecuting attorneys in Dickinson and Iron counties to refuse to enforce the Dickinson-Iron District Health Department mask order.

Whereas, On September 16, 2021, the Dickinson-Iron District Health Department Health Officer, Daren Deyaert, issued an Emergency Order for Control and Prevention of COVID-19 Transmission in Educational Settings within Dickinson and Iron Counties, Michigan. The order took effect September 20, 2021, and remains in effect until six weeks past the date the COVID-19 vaccine is authorized and available to persons aged five to eleven years old, the Centers for Disease Control and Prevention transmission levels reach “Low” in the counties, or until further notice from the Health Officer; and

Whereas, The order requires that, within educational institutions, children in kindergarten through grade six must consistently and properly wear a facial mask covering both nose and mouth while inside any enclosed building or structure of the institution. The order also requires all persons, regardless of vaccination status, providing service to any child in kindergarten through grade six to properly and consistently wear a face mask while inside any enclosed building or structure of the institution; and

Whereas, There is no justification for a sweeping mask mandate that takes personal safety decisions out of the hands of children and their parents. COVID-19 poses a lower risk to children, and adults have access to a vaccine that dramatically reduces the risk of hospitalization and death; and

Whereas, The people of Dickinson and Iron counties do not support a mask mandate in educational settings. Acting to impose such a mandate against the public will does not serve to protect the health of the community and will be detrimental to the learning process; and

Whereas, Instituting a mask mandate that does little to protect the health of the public and will lead to significant problems in educational settings is not consistent with the role of a local health officer; and

Whereas, County prosecuting attorneys have a duty to enforce the law in a manner that is consistent with public safety. Enforcing the mask mandate would divert resources away from more pressing issues and would do nothing to protect the people of Dickinson and Iron counties; now, therefore, be it

Resolved by the House of Representatives, That we urge the prosecuting attorneys in Dickinson and Iron counties to refuse to enforce the Dickinson-Iron District Health Department mask order; and be it further

Resolved, That copies of this resolution be transmitted to the Dickinson County and Iron County prosecuting attorneys.

The resolution was referred to the Committee on Government Operations.

 

 

Reps. LaFave, Markkanen, Steven Johnson, Outman, Borton, Eisen, Hoitenga, Mueller, Howell, Allor, Maddock, Carra and Meerman offered the following resolution:

House Resolution No. 167.

A resolution to urge General Mark Milley to resign and the President of the United States, United States Congress, Department of Justice, and Department of Defense to investigate and take action against him for usurping civilian authority over the military.

Whereas, On October 30, 2020, Joint Chiefs of Staff Chairman General Mark Milley reportedly placed a phone call to his counterpart in China, General Li, stating that China would receive warning if the U.S. planned to launch an attack against the country; and

Whereas, General Milley, a senior military officer, interfered with the United States’ civilian-controlled military process. General Milley undermined the chain of command, inserting himself into the decision-making process ahead of the President, his commander in chief; and

Whereas, In breaking the chain of command, General Milley set an extremely dangerous precedent, one that could have led the United States into war; now, therefore, be it

Resolved by the House of Representatives, That we urge General Milley to resign as Chairman of the Joint Chiefs of Staff and as a member of the United States Army; and be it further

Resolved, That we urge President Biden to fire General Milley; and be it further

Resolved, That we urge the U.S. Congress to investigate General Milley’s alleged usurpation of civilian authority over the military; and be it further

Resolved, That we urge the U.S. Department of Justice to launch a criminal investigation into General Milley’s alleged usurpation of civilian authority over the military, including a consideration of treason charges; and be it further

Resolved, That we urge the U.S. Department of Defense to investigate General Milley’s usurpation of civilian authority over the military; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Michigan Congressional delegation, the United States Attorney General, the United States Secretary of Defense, and General Milley.

The resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 142.

A resolution to call for international maritime containers to be treated equally in Michigan compared to other states.

(For text of resolution, see House Journal No. 68, p. 1372.)

(The resolution was reported by the Committee on Commerce and Tourism on September 14.)

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Second Reading of Bills

 

 

Senate Bill No. 25, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4861, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 53 (MCL 257.1853), as amended by 2010 PA 93.

The bill was read a second time.

Rep. O’Malley moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4821, entitled

A bill to amend 2004 PA 177, entitled “Michigan law enforcement officers memorial act,” by amending section 5 (MCL 28.785), as amended by 2020 PA 215; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

 

 

Senate Bill No. 128, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 14 (MCL 257.14), as amended by 2012 PA 498.

The bill was read a second time.

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

The motion prevailed.

 

 

______

 

 

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

The motion prevailed.

Notices

 

 

September 28, 2021

Mr. Gary Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

 

Dear Clerk Randall,

This letter is to notify you that I am making the following committee appointments:

·         Representative Julie Alexander to the committee on Commerce and Tourism

·         Representative Brad Slagh to the committee on Local Government and Municipal Finance

·         Representative Stephanie Young to the committee on Regulatory Reform

·         Representative Sarah Anthony to the committee on Military, Veterans and Homeland Security

I am also assigning Representative Julie Rogers to the position of Minority Vice Chair of Military, Veterans and Homeland Security.

                                                                                       Sincerely,

                                                                                       Jason Wentworth, Speaker

                                                                                       Michigan House of Representatives

 

 

______

 

 

Rep. Hammoud moved that the House adjourn.

The motion prevailed, the time being 4:00 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, September 29, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives