STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

102nd Legislature

REGULAR SESSION OF 2023

House Chamber, Lansing, Tuesday, February 28, 2023.

1:30 p.m.

The House was called to order by the Speaker.

Due to adverse weather conditions throughout the State on Thursday, February 23, the session was cancelled 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—excused 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—present Roth—present Young—present

DeBoyer—present MacDonell—present Schmaltz—present Zorn—present

DeSana—present Maddock—present

e/d/s = entered during session

Rep. James DeSana, from the 29th District, offered the following invocation:

“Almighty Lord and God,

I humbly ask for Your blessing upon the members of this body. We ask that You bless our staff and all those who work in this House. We ask also for blessing and protection upon our family members and loved ones.

I stand here today as a servant and I remind myself that the Lord is my Shepherd.

We remind ourselves of Your greatest commandments. ‘To love the Lord your God with all your heart, and with all your soul, with all your mind and with all your strength. And to love your neighbor as yourself.’

We know Lord that You are close to the broken hearted. We pray as a body for all those who are hurting today. Especially for those families that have lost loved ones. We pray that You will comfort them and ease their suffering.

We ask that You enlighten our minds for Your goodness. We pray for wisdom that our actions may be just and serve righteousness and goodness.

We ask that everything we do will be for the Glory of Your Kingdom. We ask this in Jesus’s name. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Posthumus moved that Reps. Aragona and Bruck be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Rep. Aiyash moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

The Speaker laid before the House

House Resolution No. 37.

A resolution to declare February 14, 2023, as Frederick Douglass Day in the state of Michigan.

(The resolution was introduced and postponed for the day on February 15, see House Journal No. 16, p. 183.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 38.

A resolution to declare February 14, 2023, as National Donor Day in the state of Michigan.

(The resolution was introduced and postponed for the day on February 15, see House Journal No. 16, p. 183.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 39.

A resolution to declare February 16, 2023, as Elks USA Appreciation Day in the state of Michigan.

(The resolution was introduced and postponed for the day on February 15, see House Journal No. 16, p. 184.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 40.

A resolution to declare February 15, 2023, as Less Cancer Day in the state of Michigan.

(The resolution was introduced and postponed for the day on February 15, see House Journal No. 16, p. 184.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lightner, Jaime Greene, Posthumus, Borton, Schmaltz, St. Germaine, Steele, Harris, Phil Green, Alexander, Bezotte, Bierlein, Bollin, Glanville, Haadsma, Morse, Rogers and Shannon offered the following resolution:

House Resolution No. 41.

A resolution to declare February 18-25, 2023, as National FFA Week in the state of Michigan.

Whereas, Future Farmers of America (FFA) was established in 1928 and is now known as the National FFA Organization. In 1950, Congress granted FFA a federal charter, making it a vital part of public agricultural instruction under the National Vocational Education Act; and

Whereas, The National FFA Organization is comprised of 735,038 members in grades seven through twelve; and

Whereas, These members belong to one of 8,817 local FFA chapters throughout the United States, Puerto Rico, and the U.S. Virgin Islands; and

Whereas, FFA operates on local, state, and national levels. Student members belong to chapters at the local level where agricultural educators serve as chapter advisors; and

Whereas, FFA members elect their own student officers that plan and conduct activities with supervision from their advisors; and

Whereas, States conduct annual conventions where members can demonstrate their proficiency in competitions based on real-world agricultural skills; and

Whereas, Local, state, and national FFA programs help members develop public speaking skills, conduct and participate in meetings, manage financial matters, strengthen problem-solving abilities, and assume civic responsibilities; and

Whereas, The National FFA convention is the organization’s premier gathering during which competitors are recognized nationally; and

Whereas, The National FFA Organization has expanded opportunities in the agricultural industry. The FFA helps members prepare for careers in agribusiness, agri-marketing, science, communications, education, horticulture, production, natural resources, forestry, and other diverse fields; and

Whereas, Members of the FFA strengthen their communities through service and preparation of the next generation of leaders to conquer challenges; and

Whereas, There are more than 685,226 FFA alumni and supporters across the country that support and advocate for agricultural education; and

Whereas, Members of the FFA Organization will celebrate National FFA Week during the week of February 19 through 26, 2023; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 18‑25, 2023, as National FFA Week in the state of Michigan. We encourage all citizens to recognize and celebrate the important role of the National FFA Organization in building valuable skills through hands-on learning and developing young students for leadership, personal growth, and career success.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Grant, Arbit, Glanville, Hood, MacDonell, Hoskins, Young, Martus, Hill, Haadsma, Brenda Carter, Farhat, Snyder, Neeley, Scott, O’Neal, McKinney, Dievendorf, Miller, Byrnes, Edwards, Hope, Brixie, Steckloff, McFall, Tsernoglou, Price, Rheingans, Conlin, Coffia, Koleszar, Tyrone Carter, Brabec, Wilson, Wegela, Fitzgerald, Whitsett, Morse, Rogers and Shannon offered the following resolution:

House Resolution No. 42.

A resolution to declare February 16, 2023, as Conductive Education Day in the state of Michigan.

Whereas, Conductive Education (CE) was developed over seventy years ago in Hungary by Dr. András Pető. CE is a unique teaching system that maximizes the independence and mobility of children and adults with neuromotor disabilities, such as stroke survivors and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and spina bifida; and

Whereas, CE operates from a core belief in neuroplasticity, the lifelong ability of the brain to reorganize neural pathways based on new experiences, and on the premise that no matter how severe the disability, people can learn and improve when they are motivated; and

Whereas, CE has the potential to make a significant, life-changing impact on the mobility and independence of close to 9 million people in the United States and Canada. CE helps individuals learn their way to independence; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 18, 2023, as Conductive Education Day in the state of Michigan. We encourage support for this important program that increases the independence of people with disabilities in our community; and be it further

Resolved, That a copy of this resolution be transmitted to the Association for Conductive Education in North America with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Weiss, Arbit, Fitzgerald, Glanville, Haadsma, Morse, Rogers, Snyder, Wilson and Young offered the following resolution:

House Resolution No. 43.

A resolution to declare February 28, 2023, as School-Based Health Care Awareness Day in the state of Michigan.

Whereas, February is nationally recognized as School-Based Health Care Awareness Month; and

Whereas, Michigan’s school-based and school-linked health centers (also known as child and adolescent health centers) have been delivering comprehensive primary healthcare, mental healthcare, and prevention services for over 30 years; and

Whereas, There are over 300 school-based and school-linked health centers and programs in the state of Michigan delivering a range of primary, preventive, early intervention, and mental health services to children and youth of all grade levels in urban, rural, and suburban schools across the state; and

Whereas, Children and youth served by school-based and school-linked health centers show improved rates of school attendance, enhanced scores on standardized tests, less absenteeism due to illness, and increased immunization rates, while having their wellness and healthcare needs addressed; and

Whereas, School-Based Health Care Awareness Month is a time to acknowledge the commitment and passion that school-based health center staff and parent/guardians show for all Michigan children and youth; and

Whereas, We also recognize the critical role these individuals play in improving the health and well-being of all Michigan children; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 28, 2023 as School-Based Health Care Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Aiyash moved that Rule 71 be suspended and the resolution be considered at this time.

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

Reps. Morgan, Alexander, Arbit, Bierlein, Fitzgerald, Glanville, Morse, Weiss, Wilson and Young offered the following resolution:

House Resolution No. 44.

A resolution to declare February 28, 2023, as Rare Disease Day in the state of Michigan.

Whereas, There are approximately 7,000 diseases and conditions considered rare (each affecting fewer than 200,000 Americans in the United States), according to the National Institutes of Health (NIH); and

Whereas, While each of these diseases may affect small numbers of people, rare diseases as a group affect almost 30 million Americans and thousands of Michigan residents; and

Whereas, Many rare diseases are chronic, progressive, and debilitating, significantly impacting the lives of those affected; and

Whereas, While more than 800 drugs and biologics have been approved by the Food and Drug Administration (FDA) for the treatment of rare diseases, millions of Americans have rare diseases for which no treatments are available; and

Whereas, Individuals and families affected by rare diseases often experience challenges such as diagnostic delay, difficulty finding medical experts, and lack of access to treatments or ancillary services; and

Whereas, The rare disease community is often underrepresented in funding, research, clinical trials, and advocacy efforts, with much of the burden to raise public awareness and support placed on those affected; and

Whereas, The National Organization for Rare Disorders (NORD) is organizing a nationwide observance of Rare Disease Day on February 28, 2023; and

Whereas, Thousands of patients, caregivers, medical professionals, researchers, pharmaceutical companies, and others in Michigan will participate in this observance; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 28, 2023, as Rare Disease Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Aiyash moved that House Committees be given leave to meet during the balance of 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 Wednesday, February 22:

House Bill Nos. 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Tyrone Carter, Chair, referred

House Bill No. 4030, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178.

to the Committee on Health Policy.

Favorable Roll Call

To Refer:

Yeas: Reps. Tyrone Carter, Liberati, Scott, Young, Grant, McFall, Wilson, Mueller and Filler

Nays: None

The bill was referred to the Committee on Health Policy.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Filler, Wendzel, Bierlein and Neyer

Absent: Rep. Aragona

Excused: Rep. Aragona

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

Senate Bill No. 12, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280f (MCL 380.1280f), as added by 2016 PA 306.

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. Koleszar, Churches, Shannon, Stone, Weiss, Glanville, Conlin, Edwards and Wegela

Nays: Reps. Greene, Markkanen, Paquette, Wendzel and Johnsen

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Koleszar, Churches, Shannon, Stone, Weiss, Glanville, Conlin, Edwards, Wegela, Greene, Markkanen, Paquette, Wendzel and Johnsen

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hope, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris and BeGole

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hoskins, Chair, of the Committee on Economic Development and Small Business, was received and read:

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Hoskins, Grant, Neeley, Liberati, Coffia, Farhat, Miller, Tisdel, VanWoerkom, Martin, Roth and St. Germaine

Absent: Rep. Whitsett

Excused: Rep. Whitsett

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, February 28, 2023

Present: Reps. Shannon, MacDonell, Coleman, Conlin, Farhat, Fitzgerald, Hoskins, Miller, Outman, Roth, Bruck, Kunse and St. Germaine

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Tsernoglou, Wegela, Hope, Koleszar, Byrnes, Churches, Markkanen and Smit

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Conlin, Coleman, Tyrone Carter, Stone, Rogers, Wegela, Markkanen, Bezotte, Carra and DeBoyer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 28, 2023

Present: Reps. Young, Coffia, Glanville, Arbit, Edwards, MacDonell, Wozniak, Fox, Friske and Johnsen

Notices

Pursuant to Rule 41, the Speaker has made the following referrals:

House Bill No. 4132 referred to the Committee on Regulatory Reform.

House Bill No. 4133 referred to the Committee on Regulatory Reform.

Introduction of Bills

Rep. VanWoerkom introduced

House Bill No. 4137, entitled

A bill to amend 1979 PA 72, entitled “An act to require the governor to report certain tax information with the annual budget message to the legislature,” by amending section 6 (MCL 21.276), as amended by 1983 PA 7.

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

Reps. Churches, Breen, Morse, Skaggs, Rogers, Brixie, Rheingans, Arbit, Martus, Brabec, Hood, Glanville, Wegela, Price, Pohutsky, Byrnes, Young, Hope, Morgan, MacDonell, McKinney, Puri, Weiss, Liberati, Stone, McFall, Scott, Koleszar, Mentzer, Edwards, Grant, Hoskins, Brenda Carter, Dievendorf, Haadsma, Snyder, Coffia, Wilson, Conlin, Fitzgerald, Farhat, Paiz, Miller, Whitsett and Aiyash introduced

House Bill No. 4138, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295.