STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2022
House Chamber, Lansing, Wednesday, March 9, 2022.
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 Coleman—present LaFave—present Rogers—present
Albert—present Damoose—present LaGrand—present Roth—present
Alexander—present Eisen—present Lasinski—present Sabo—present
Allor—present Ellison—present Liberati—present Scott—present
Anthony—present Farrington—present Lightner—present Shannon—present
Beeler—present Filler—present Lilly—present Slagh—present
Bellino—present Fink—present Maddock—present Sneller—excused
Berman—present Frederick—present Manoogian—present Sowerby—present
Beson—present Garza—present Marino—excused Steckloff—present
Bezotte—present Glenn—present Markkanen—present Steenland—present
Bolden—present Green—present Martin—present Stone—present
Bollin—present Griffin—present Meerman—present Tate—present
Borton—present Haadsma—present Morse—present Thanedar—present
Brabec—present Hall—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 Johnson, C—excused Posthumus—present Whitsett—excused
Carter, T—present Johnson, S—present Puri—present Witwer—present
Cavanagh—present Jones—present Rabhi—present Yancey—present
Cherry—present Kahle—present Reilly—present Yaroch—present
Clemente—present Koleszar—present Rendon—present Young—present
Clements—present Kuppa—present
e/d/s = entered during session
Rep. Ryan Berman, from the 39th District, offered the following invocation:
“As we see chaos swelling in the world today, I am reminded of these holy words, ‘Do not be daunted by the enormity of the world’s grief. Do justly now. Love mercy now. Walk humbly now. You are not obligated to complete the work, but neither are you free to abandon it.’ Each of us gathered here in these historic halls is aware of our responsibility to our communities and our state. While we may begin sweeping reforms from our first steps into public office, we are ultimately limited in our time. However, while we’re here, we cannot abandon our responsibilities. The work we do deserves careful consideration as our state watches us solve policy puzzles and create community cohesions. Instead of tackling every problem at once, we address them in pieces- one bill at a time. In doing so, the enormity of the state’s griefs is not as daunting as before. As a unit, our work has a lasting impact, and we are not permitted to abandon the people it effects. We pray that we are able to act in a unified way, connected with our shared desire to maintain our rights and liberties.”
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Lightner to the Chair.
______
Rep. Rabhi moved that Reps. Cynthia Johnson, Sneller and Whitsett be excused from today’s session.
The motion prevailed.
Rep. Frederick moved that Rep. Marino 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 Tuesday, March 8:
House Bill Nos. 5878 5879 5880 5881 5882 5883 5884 5885 5886 5887
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, March 9:
Senate Bill Nos. 956 957 958
The Clerk announced that the following Senate bills had been received on Wednesday, March 9:
Senate Bill Nos. 499 500 672 852 853
Reports of Standing Committees
The Committee on Agriculture, by Rep. Alexander, Chair, reported
House Bill No. 5671, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending section 4102 (MCL 289.4102), as amended by 2012 PA 178.
With the recommendation that the substitute (H-3) 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. Alexander, Posthumus, Bellino, Rendon, Filler, Garza, Cambensy, Hope, Witwer and Puri
Nays: None
The Committee on Agriculture, by Rep. Alexander, Chair, reported
House Bill No. 5704, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105 and 4102 (MCL 289.1105 and 289.4102), section 1105 as amended by 2014 PA 516 and section 4102 as amended by 2012 PA 178.
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. Alexander, Posthumus, Bellino, Rendon, Filler, Garza, Cambensy, Hope, Witwer and Puri
Nays: None
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 9, 2022
Present: Reps. Alexander, Posthumus, Bellino, Rendon, Filler, Garza, Cambensy, Hope, Witwer and Puri
Absent: Rep. Carra
Excused: Rep. Carra
Messages from the Senate
A bill to provide definitions for the complex needs patient act.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
A bill to ensure access to quality complex rehabilitation technology in the Medicaid program for people with complex medical needs; and to prescribe the powers and duties of certain state departments.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79d) by amending the title, as amended by 2006 PA 566, and by adding section 12c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14a (MCL 205.104a), as amended by 2022 PA 4.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 18 (MCL 205.68), as amended by 2022 PA 3.
The Senate has passed the bill.
The bill was read a first time by its title and referred to
the Committee on Tax Policy.
House Bill No. 5888, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 2 and 2a (MCL 28.292 and 28.292a), section 2 as amended by 2021 PA 73 and section 2a as added by 2020 PA 306.
The bill was read a first time by its title and referred to the Committee on Government Operations.
House Bill No. 5889, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2157c.
The bill was read a first time by its title and referred to the Committee on Rules and Competitiveness.
______
Associate Speaker Pro Tempore Lightner called Associate Speaker Pro Tempore Paquette to the Chair.
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 Tax Policy be discharged from further consideration of House Bill No. 5570.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
______
The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 677 (MCL 168.677), as amended by 2018 PA 120.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Elections and Ethics,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Alexander moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4897, entitled
A bill to amend 1954 PA 116,
entitled “Michigan election law,” by amending sections 730, 731, and 733 (MCL
168.730, 168.731, and 168.733), sections 730 and 731 as amended by 1995 PA 261
and section 733 as amended by 1996 PA 583.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Elections and Ethics,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hope moved to amend the bill as follows:
1. Amend page 8, following line 13, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5282 of the 101st Legislature is enacted into law.”.
Rep. Calley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5288, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759 (MCL 168.759), as amended by 2020 PA 302.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Elections and Ethics,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Beeler moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5268, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759 (MCL 168.759), as amended by 2020 PA 302.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Elections and Ethics,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Tyrone Carter moved to amend the bill as follows:
1. Amend page 7, following line 24, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5515 of the 101st Legislature is enacted into law.”.
Rep. Calley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5253, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 946.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Elections and Ethics,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Koleszar moved to amend the bill as follows:
1. Amend page 2, following line 16, by inserting:
“(4) For the fiscal year ending September 30, 2022, $100,000,000.00 is appropriated from the general fund to the department of state to assist counties, cities, and townships with administering elections under this act.” and renumbering the remaining subsection.
Rep. Lightner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 182 (MCL 32.582).
The bill was read a second time.
Rep. Bezotte moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5570, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, and 8 (MCL 207.1002, 207.1003, and 207.1008), as amended by 2015 PA 176.
The bill was read a second time.
Rep. Steven Johnson moved to substitute (H-2) the bill.
Rep. O’Malley moved to amend the bill as follows:
1. Amend page 4, following line 21, by inserting:
“(11) For a fiscal year during which the rate under section 8(1)(d) applies, the legislature shall appropriate money from the general fund to the Michigan transportation fund created in section 10 of 1951 PA 51, MCL 247.660, in an amount equal to the amount of money that would have been collected under this act if section 8(1)(d) did not apply, as determined by the department.”.
Rep. Steven Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Frederick moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5570, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, and 8 (MCL 207.1002, 207.1003, and 207.1008), as amended by 2015 PA 176.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 100 Yeas—63
Albert Damoose Howell Reilly
Alexander Eisen Johnson, S Rendon
Allor Farrington Kahle Roth
Beeler Filler LaFave Sabo
Bellino Fink LaGrand Slagh
Berman Frederick Lightner Thanedar
Beson Garza Lilly Tisdel
Bezotte Glenn Maddock VanSingel
Bollin Green Markkanen VanWoerkom
Borton Griffin Martin Wakeman
Brann Haadsma Meerman Wendzel
Calley Hall Mueller Wentworth
Cambensy Hauck O’Malley Whiteford
Camilleri Hertel Outman Witwer
Carra Hoitenga Paquette Yaroch
Clements Hornberger Posthumus
Nays—39
Aiyash Clemente Manoogian Shannon
Anthony Coleman Morse Sowerby
Bolden Ellison Neeley Steckloff
Brabec Hood O’Neal Steenland
Breen Hope Peterson Stone
Brixie Jones Pohutsky Tate
Carter, B Koleszar Puri Weiss
Carter, T Kuppa Rabhi Yancey
Cavanagh Lasinski Rogers Young
Cherry Liberati Scott
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 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 8 and 152 (MCL 207.1008 and 207.1152), as amended by 2015 PA 176.
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. Kuppa, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Taking $750 Million from Transportation budget without filling the gap is not fiscally responsible. A responsible government doesn’t cut revenue and especially saddle our children with future debt if we don’t know where it will be paid from.
We need to invest in Michigan so that people come here. We need to fix the damn roads.”
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Frederick moved that Rule 71 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Reps. Martin and Bezotte offered the following resolution:
House Resolution No. 250.
Whereas, Plentiful affordable energy is essential for the well-being of the American people. The lack of an adequate energy supply leads to higher prices, fewer jobs, and threats to public health and safety. It should be the policy of the government at every level to ensure that energy is available, accessible, reliable and as affordable as possible; and
Whereas, For decades, the United States has too greatly relied on sources of energy produced on the other side of the world. While the United States has enjoyed a higher degree of energy independence in the last decade due to an increase in domestic oil production, we still import tens of millions of barrels of foreign crude oil from overseas each month; and
Whereas, As a direct result of both federal and state policies and foreseeable world events, gas prices in the United States are rising at the fastest pace recorded since 2000. Not only are rising gas prices eating away at recent wage growth and increasing the risk of a recession, they also could have sweeping impacts for U.S. consumers as higher diesel prices raise the cost of shipping goods through already stressed supply chains, disproportionately affecting low-income families and citizens; and
Whereas, Enacting policies that will lead to energy independence is necessary for the safety and prosperity of the American people. Reliance on overseas oil has the potential to maximize the leverage of foreign producers. While the Biden Administration’s efforts to isolate and weaken Vladimir Putin have been welcome and necessary, our reliance on sources of energy originating on other continents creates a potential risk that those sources could be jeopardized by United States’ actions abroad, which limit our ability to preserve and protect American values. Ensuring that the United States’ economy can support itself without relying on supply chains that span the globe and without risk of foreign political disruptions is critical to job growth and competition in the United States; and
Whereas, President Biden, United States Secretary of Energy Jennifer Granholm, Governor Whitmer, Michigan Attorney General Nessel, and other elected officials have pursued policies that have harmed our ability to achieve energy independence, including the President’s decision to halt the Keystone XL pipeline and the Governor’s and Michigan Attorney General’s attempts to shut down the Line 5 pipeline, a crucial source of energy for millions of Michiganders; and
Whereas, Protecting our environment is better accomplished with domestically produced fossil fuels, which are believed to be significantly cleaner than those found in other parts of the world; and
Whereas, The United States must focus on policies that increase the production of energy here at home, such as ensuring the continued safe operation of the Line 5 pipeline in Michigan, increasing domestic oil and gas drilling, increasing investments in renewable energy, and abandoning policies that limit domestic energy production and raise the capital costs associated with fossil fuel development; now, therefore, be it
Resolved by the House of Representatives, That we urge the adoption of policies that will help lead to energy independence and lower energy costs in the United States; and be it further
Resolved, That we urge Governor Whitmer and Michigan Attorney General Nessel to immediately cease their efforts to shut down the Line 5 pipeline and instead work proactively to lower energy costs for the residents of this state; and be it further
Resolved, That copies of this resolution be transmitted to the Governor, the Michigan Attorney General, the commissioners of the Michigan Public Service Commission, the commissioners of the Federal Energy Regulatory Commission, the Secretary of the United States Department of Energy, the Secretary of the United States Department of the Interior, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the entire Michigan congressional delegation.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Frederick moved to reconsider the vote by which the House adopted the resolution.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Rep. Frederick demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
Roll Call No. 101 Yeas—62
Albert Damoose LaFave Rendon
Alexander Eisen Liberati Roth
Allor Farrington Lightner Sabo
Beeler Filler Lilly Shannon
Bellino Fink Maddock Slagh
Berman Frederick Markkanen Steckloff
Beson Glenn Martin Steenland
Bezotte Green Meerman Tisdel
Bollin Griffin Mueller VanSingel
Borton Hall O’Malley VanWoerkom
Brann Hauck O’Neal Wakeman
Calley Hoitenga Outman Wendzel
Cambensy Hornberger Paquette Wentworth
Carra Howell Posthumus Whiteford
Carter, B Johnson, S Reilly Yaroch
Clements Kahle
Nays—40
Aiyash Clemente Kuppa Rogers
Anthony Coleman LaGrand Scott
Bolden Ellison Lasinski Sowerby
Brabec Garza Manoogian Stone
Breen Haadsma Morse Tate
Brixie Hertel Neeley Thanedar
Camilleri Hood Peterson Weiss
Carter, T Hope Pohutsky Witwer
Cavanagh Jones Puri Yancey
Cherry Koleszar Rabhi Young
In The Chair: Hornberger
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 210.
A resolution to affirm our commitment to the inalienable rights of parents to direct the education of their children.
(For text of resolution, see House Journal No. 6, p. 51.)
(The resolution was reported by the Committee on Education on March 8, with substitute (H-1).)
(For substitute, see House Journal No. 23, p. 312.)
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 resolution,
The resolution was adopted.
______
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 the enrollment printing and presentation to the Governor on Wednesday, March 9, for her approval of the following bills:
Enrolled House Bill No. 4821 at 2:52 p.m.
Enrolled
House Bill No. 5252 at 2:54 p.m.
Rep. Yancey moved that the House adjourn.
The motion prevailed, the time being 4:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, March 10, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives