STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
102nd Legislature
REGULAR SESSION OF 2023
House Chamber, Lansing, Tuesday, January 24, 2023.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Aiyash—present Dievendorf—present Markkanen—present Schriver—present
Alexander—present Edwards—present Martin—present Schuette—present
Andrews—present Farhat—present Martus—present Scott—present
Aragona—present Filler—present McFall—present Shannon—present
Arbit—present Fink—present McKinney—present Skaggs—present
Beeler—present Fitzgerald—present Meerman—present Slagh—present
BeGole—present Fox—present Mentzer—present Smit—present
Beson—present Friske—present Miller—present Snyder—present
Bezotte—present Glanville—present Morgan—present St. Germaine—present
Bierlein—present Grant—present Morse—present Steckloff—present
Bollin—present Green, P.—present Mueller—present Steele—present
Borton—present Greene, J.—present Neeley—present Stone—present
Brabec—present Haadsma—present Neyer—present Tate—present
Breen—present Hall—present O’Neal—present Thompson—present
Brixie—present Harris—present Outman—present Tisdel—present
Bruck—excused Hill—present Paiz—present Tsernoglou—present
Byrnes—present Hoadley—present Paquette—present VanderWall—present
Carra—present Hood—present Pohutsky—present VanWoerkom—present
Carter, B.—present Hope—present Posthumus—present Wegela—present
Carter, T.—present Hoskins—present Prestin—present Weiss—present
Cavitt—present Johnsen—present Price—present Wendzel—present
Churches—present Koleszar—present Puri—present Whitsett—present
Coffia—present Kuhn—present Rheingans—present Wilson—present
Coleman—present Kunse—present Rigas—present Witwer—present
Conlin—present Liberati—present Rogers—present Wozniak—present
DeBoer—present Lightner—excused Roth—present Young—present
DeBoyer—present MacDonell—present Schmaltz—present Zorn—present
DeSana—present Maddock—present
e/d/s = entered during session
Rep. Noah Arbit, from the 20th District, offered the following invocation:
“Growing up in West Bloomfield, I was steeped in the teachings of my Jewish faith and heritage.
Judaism holds that each of us is created B’tzelem Elohim, in the image of G-d.
Each of us comes to this House from a different walk of life. And as we seek to advocate for the needs, concerns, and interests of each of our 110 districts with faith and fidelity, let us consider that each of us is created B’tzelem Elohim.
And whether you share my faith, another faith, or none at all, we all know, that we have been blessed with a remarkable opportunity to shape the destiny of this great state that we love. To fix what is broken, to heal what is wounded.
So every day, let us work relentlessly to see that divine spark within each of us in this Chamber - a spark, which animates our call to serve our fellow Michiganders.
Let us work side-by-side to cultivate collaboration over conflict, healing over hate, dialogue over division, bridges over walls, and yes, people over politics.
I know that nice words alone cannot heal the divisions that exist within this House. But deliberate, intentional work can.
Perhaps then, we can finally work to build a Michigan where every child is raised believing that there are no constraints, no limits on what they can achieve.
A Michigan where every person has a chance to thrive, no matter where you come from, the color of your skin, the ZIP code of your home, how you worship, or who you love!
Whether you believe in one G-d, many gods, or none at all, may this be our destiny in this House, the People’s House.
And together we say: Amen.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Posthumus moved that Reps. Lightner and Bruck be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Jaime Greene, St. Germaine, Bierlein, Kunse, DeBoer, Schuette, Markkanen, BeGole, Tisdel, Kuhn, Prestin, Beson, Cavitt, Posthumus, Alexander, Steele, Bollin, DeBoyer, Maddock, Johnsen, Bezotte, Paquette, Slagh, Wozniak, Schriver, Phil Green, Meerman, Rigas, DeSana, Hall, Borton, Zorn, Smit, Neyer, Lightner, Thompson, Fink, Harris, Fox and Filler offered the following resolution:
House Resolution No. 20.
A resolution to declare January 22-28, 2023, as School Choice Week in the state of Michigan.
Whereas, All children in Michigan should have the right to the highest quality schools possible; and
Whereas, Citizens across Michigan agree that improving the quality of education and expanding access to highly-effective schools should be issues of importance to our state’s leaders; and
Whereas, Michigan recognizes the critical role that an effective and accountable system of education plays in preparing all children to be successful in a global economy; and
Whereas, There are a multitude of high-quality public schools, public charter schools, home schools, and nonpublic schools in the state of Michigan; and
Whereas, Michigan has many outstanding teaching professionals across the state who are committed to educating children; and
Whereas, The vital cause of education
reform is one that transcends ideology and political party affiliation; and
Whereas, Research in Michigan and across the nation demonstrates conclusively that providing parents with multiple schooling options improves academic performance; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare January 22-28, 2023, as School Choice Week in the state of Michigan. We call this observance to the attention of all our citizens; and be it further
Resolved, That a copy of this resolution be transmitted to the National School Choice Week organization with our highest esteem.
The resolution was referred to the Committee on Education.
THIS RESOLUTION IS OFFERED TO COMPLY WITH ARTICLE XI, SECTION 5 OF THE CONSTITUTION OF THE STATE OF MICHIGAN OF 1963.
Reps. Brixie and Witwer offered the following concurrent resolution:
House Concurrent Resolution No. 1.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
Whereas, The Constitution of the State of Michigan of 1963 provides in Article XI, Section 5:
Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the legislature as part of his budget. The legislature may, by a majority vote of the members elected to and serving in each house, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year.
; and
Whereas, Agreements were reached between the state and the Michigan Corrections Organization, AFSCME Council 25, the Michigan State Employees Association, the Service Employees International Union Local 517M Scientific and Engineering Unit, the Service Employees International Union Local 517M Technical Unit, the UAW International and its Local 6000 to increase rates of compensation for exclusively represented positions in certain classifications; and
Whereas, On July 25 and December 19, 2022, the Civil Service Commission approved the agreements, and also approved increases in the rates of compensation for non-exclusively represented positions in certain classifications, past the time when the Governor could transmit the increases as part of the budget; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That, pursuant to Article XI, Section 5 of the Constitution of the State of Michigan of 1963, the Michigan Legislature waives the prior notice requirement to permit increases in rates of compensation as described in the approved agreements between the state and exclusive representatives for exclusively represented positions, and as approved by the Civil Service Commission for non-exclusively represented positions; and be it further
Resolved, That copies of this resolution be transmitted to the Civil Service Commission.
The concurrent resolution was referred to the Committee on Appropriations.
Rep. Aiyash moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Point of Order
Rep. Posthumus requested a ruling of the Chair on how many members it takes to suspend the rules.
The Chair ruled it takes 3/5 of the members present voting.
Rep. Posthumus moved to reconsider the vote by which the House suspended the rules.
The question being on the motion made by Rep. Posthumus,
Rep. Posthumus demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Posthumus,
The
motion did not prevail, a majority of the members present not voting therefor.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, January 19:
House Bill Nos. 4033 4034 4035 4036 4037 4038
Senate Bill Nos. 30 31 32 33 34 35 36
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koleszar, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, January 24, 2023
Present: Reps. Koleszar, Churches, Shannon, Stone, Weiss, Glanville, Conlin, Edwards, Wegela, Greene, Markkanen, Wendzel and Johnsen
Absent: Rep. Paquette
Excused: Rep. Paquette
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shannon, Chair, of the Committee on Transportation, Mobility and Infrastructure, was received and read:
Meeting held on: Tuesday, January 24, 2023
Present: Reps. Shannon, MacDonell, Coleman, Conlin, Farhat, Fitzgerald, Hoskins, Miller, Outman, Roth, Bruck, Kunse and St. Germaine
Introduction of Bills
Reps. Outman, Tisdel, Cavitt, Hall and Schuette introduced
House Bill No. 4039, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2021 PA 108.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Tisdel, Outman, Hall and Schuette introduced
House Bill No. 4040, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2021 PA 109.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Steele, Kuhn, Aragona, Greene, Schuette and Beson introduced
House Bill No. 4041, entitled
A bill to amend 1973 PA 196, entitled “An act to prescribe standards of conduct for public officers and employees; to create a state board of ethics and prescribe its powers and duties; and to prescribe remedies and penalties,” by amending section 2 (MCL 15.342), as amended by 1984 PA 53.
The
bill was read a first time by its title and referred to the Committee on
Regulatory Reform.
Reps. Prestin and Markkanen introduced
House Bill No. 4042, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Schuette, Meerman and Fink introduced
House Bill No. 4043, entitled
A bill to establish a learning loss recovery grant program; to establish a learning loss recovery fund; to provide for certain grants; to prescribe conditions for the use of grant funds; to prescribe for the use of money in the learning loss recovery fund; to provide for the administration of the learning loss recovery grant program; to provide for the administration of the learning loss recovery fund; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to make appropriations to the learning loss recovery fund.
The bill was read a first time by its title and referred to the Committee on Education.
By unanimous consent the House returned to the order of
Second Reading of Bills
Senate Bill No. 7, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Witwer moved to substitute (H-1) the bill.
Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Aiyash 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
Senate Bill No. 7, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 4 Yeas—56
Aiyash Edwards McFall Scott
Andrews Farhat McKinney Shannon
Arbit Fitzgerald Mentzer Skaggs
Brabec Glanville Miller Snyder
Breen Grant Morgan Steckloff
Brixie Haadsma Morse Stone
Byrnes Hill Neeley Tate
Carter, B. Hood O’Neal Tsernoglou
Carter, T. Hope Paiz Wegela
Churches Hoskins Pohutsky Weiss
Coffia Koleszar Price Whitsett
Coleman Liberati Puri Wilson
Conlin MacDonell Rheingans Witwer
Dievendorf Martus Rogers Young
Nays—52
Alexander DeSana Maddock Schriver
Aragona Filler Markkanen Schuette
Beeler Fink Martin Slagh
BeGole Fox Meerman Smit
Beson Friske Mueller St. Germaine
Bezotte Green, P. Neyer Steele
Bierlein Greene, J. Outman Thompson
Bollin Hall Paquette Tisdel
Borton Harris Posthumus VanderWall
Carra Hoadley Prestin VanWoerkom
Cavitt Johnsen Rigas Wendzel
DeBoer Kuhn Roth Wozniak
DeBoyer Kunse Schmaltz Zorn
In The Chair: Pohutsky
The question being on agreeing to the title of the bill,
Rep. Aiyash moved to amend the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The motion prevailed.
The House agreed to the title as amended.
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Rep. Aiyash 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
Motions and Resolutions
The motion prevailed.
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Rep. Wilson moved that the House adjourn.
The motion prevailed, the time being 8:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, January 25, at 6:00 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives