STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
102nd Legislature
REGULAR SESSION OF 2023
House Chamber, Lansing, Thursday, May 18, 2023.
12:00 Noon.
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—excused
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—excused
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. Mike Hoadley, from the 99th District, offered the following invocation:
“Let us pray to the Lord our God. He is mighty to save, and He has done great things. You, Jesus, are Lord and there is none like You. From age to age You stand. You are the light of the world and in the beginning You were. You are the bread of life and death could not hold You; You rose victorious holding the keys of life and death on the third day. You are the image of the invisible God, the firstborn of all creation. For by You all things were created, in Heaven and on Earth, visible and invisible, whether thrones or dominions or rulers or authorities – all things were created through You and for You.
Lord, bestow in us a daily reminder that as we enter this chamber before time began Your sovereign hand placed us here to act out Your will and represent our constituents with integrity. We would do well to remember this. You alone know our hearts, therefore, search in us any malice, self-ambition, or vain conceit, so that by a clean conscious we may do what is best for those back home from and every corner of our great state.
We thank You Jesus for the blessings of Liberty and Freedom that we have come to enjoy in our wonderful nation and state. Instill in us a daily reminder to ask that, by Your good will, we don’t stray from Your straight and perfect commands and take advantage of Your kindness and generosity. Be present, God of Wisdom, and direct the council of this assembly. Enable us to settle things on the surest foundation; that order and harmony and peace may be established in our state so that truth and justice, and health and wealth flourish among the masses. All these things we ask in the name and through the merits of Jesus Christ, our Lord and Savior.
Amen.”
______
The Speaker called the Speaker Pro Tempore to the Chair.
______
Rep. Aiyash moved that Reps. Bruck, Steele and Whitsett be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Committee on Health Policy, by Rep. Rogers, Chair, reported
House Bill No. 4071, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.
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. Rogers, Brenda Carter, Haadsma, Neeley, Glanville, Coffia, Conlin, Farhat, Fitzgerald, Miller, Rheingans, Mueller, Roth and Schmaltz
Nays: Reps. VanderWall, Filler and VanWoerkom
The Committee on Health Policy, by Rep. Rogers, Chair, reported
House Bill No. 4495, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 105d and 106 (MCL 400.105d and 400.106), section 105d as amended by 2018 PA 208 and section 106 as amended by 2018 PA 511; and to repeal acts and parts of acts.
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. Rogers, Brenda Carter, Haadsma, Neeley, Glanville, Coffia, Conlin, Farhat, Fitzgerald, Miller, Rheingans and Filler
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rogers, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, May 18, 2023
Present: Reps. Rogers, Brenda Carter, Haadsma, Neeley, Glanville, Coffia, Conlin, Farhat, Fitzgerald, Miller, Rheingans, VanderWall, Filler, Mueller, VanWoerkom, Roth, Schmaltz and Thompson
Absent: Rep. Whitsett
Excused: Rep. Whitsett
Second Reading of Bills
House Bill No. 4176, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478).
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Tyrone Carter moved to substitute (H-4) the bill.
Rep. Tyrone Carter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 32, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tyrone Carter moved to substitute (H-2) the bill.
Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.
House Bill No. 4438, entitled
A bill to amend 1969
PA 312, entitled “An act to provide for compulsory arbitration of labor
disputes in municipal police and fire departments; to define such public
departments; to provide for the selection of members of arbitration panels; to
prescribe the procedures and authority thereof; and to provide for the
enforcement and review of awards thereof,” by amending section 2 (MCL 423.232),
as amended by 2011 PA 116.
The bill was read a second time.
Rep. Breen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4439, entitled
A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 5 and 7a (MCL 423.235 and 423.237a), section 5 as amended by 2011 PA 116.
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. 4071, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.
The bill was read a second time.
Rep. Steckloff moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Neyer offered the following resolution:
House Resolution No. 112.
Whereas, Michigan’s agricultural sector is one of the top economic engines and job creators in the state of Michigan. Agriculture is one of the fastest growing sectors in the Michigan economy; and
Whereas, Michigan State University was founded as an agricultural college and continues to be an important driver for agriculture research and innovation in this state. Michigan State University’s agriculture and agriculture operations programs are ranked number one in the state, and Michigan State University was ranked as one of the top ten agriculture and forestry colleges worldwide in 2021; and
Whereas, The selection of Michigan State University’s next president will have profound implications on the future of Michigan’s agricultural sector, yet there is no direct representation of Michigan’s agricultural community on the university’s Presidential Search Committee. It is imperative that the voices of Michigan’s agricultural sector be represented on the search committee; and
Whereas, This grievous oversight must be corrected to add representation from Michigan’s agricultural community on the Michigan State University Presidential Search Committee. America’s pioneer land grant university, whose original mission was to teach agriculture, deserves no less; now, therefore, be it
Resolved by the House of Representatives, That we urge the Michigan State University Board of Trustees to include a representative from Michigan’s agricultural community on the Presidential Search Committee; and be it further
Resolved, That copies of this resolution be transmitted to the members of Michigan State University’s Board of Trustees.
The resolution was referred to the Committee on Government Operations.
Third Reading of Bills
Rep. Aiyash moved that House Bill No. 4176 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4176, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 117 Yeas—103
Aiyash Dievendorf Markkanen Schmaltz
Alexander Edwards Martin Schuette
Andrews Farhat Martus Scott
Aragona Filler McFall Shannon
Arbit Fink McKinney Skaggs
Beeler Fitzgerald Meerman Slagh
BeGole Fox Mentzer Smit
Beson Glanville Miller Snyder
Bezotte Grant Morgan St. Germaine
Bierlein Green, P. Morse Steckloff
Bollin Greene, J. Mueller Stone
Borton Haadsma Neeley Tate
Brabec Hall Neyer Thompson
Breen Harris O’Neal Tisdel
Brixie Hill Outman Tsernoglou
Byrnes Hoadley Paiz VanderWall
Carter, B. Hood Paquette VanWoerkom
Carter, T. Hope Pohutsky Wegela
Cavitt Hoskins Posthumus Weiss
Churches Johnsen Prestin Wendzel
Coffia Koleszar Price Wilson
Coleman Kuhn Puri Witwer
Conlin Kunse Rheingans Wozniak
DeBoer Liberati Rigas Young
DeBoyer Lightner Rogers Zorn
DeSana MacDonell Roth
Nays—4
Carra Friske Maddock Schriver
In The Chair: Pohutsky
The House agreed to the title of the bill.
Rep. Aiyash moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Aiyash moved that Senate Bill No. 32 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 32, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 118 Yeas—103
Aiyash Dievendorf Markkanen Schmaltz
Alexander Edwards Martin Schuette
Andrews Farhat Martus Scott
Aragona Filler McFall Shannon
Arbit Fink McKinney Skaggs
Beeler Fitzgerald Meerman Slagh
BeGole Fox Mentzer Smit
Beson Glanville Miller Snyder
Bezotte Grant Morgan St. Germaine
Bierlein Green, P. Morse Steckloff
Bollin Greene, J. Mueller Stone
Borton Haadsma Neeley Tate
Brabec Hall Neyer Thompson
Breen Harris O’Neal Tisdel
Brixie Hill Outman Tsernoglou
Byrnes Hoadley Paiz VanderWall
Carter, B. Hood Paquette VanWoerkom
Carter, T. Hope Pohutsky Wegela
Cavitt Hoskins Posthumus Weiss
Churches Johnsen Prestin Wendzel
Coffia Koleszar Price Wilson
Coleman Kuhn Puri Witwer
Conlin Kunse Rheingans Wozniak
DeBoer Liberati Rigas Young
DeBoyer Lightner Rogers Zorn
DeSana MacDonell Roth
Nays—4
Carra Friske Maddock Schriver
In The Chair: Pohutsky
The House agreed to the title of the bill.
Rep. Aiyash moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
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
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, May 17:
House Bill Nos. 4591 4592 4593 4594 4595 4596
Senate Bill No. 340
Reports of Standing Committees
The Committee on Insurance and Financial Services, by Rep. Brenda Carter, Chair, reported
House Bill No. 4343, entitled
A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 51 (MCL 487.2171).
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. Brenda Carter, McFall, Stone, Rogers, Scott, Young, Fitzgerald, Harris, Markkanen, Bezotte, Aragona, Neyer and Smit
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brenda Carter, Chair, of the Committee on Insurance and Financial Services, was received and read:
Meeting held on: Thursday, May 18, 2023
Present: Reps. Brenda Carter, McFall, Stone, Breen, Rogers, Scott, Young, Fitzgerald, Grant, Harris, Markkanen, Bezotte, Aragona, Bruck, Neyer and Smit
Absent: Rep. Coleman
Excused: Rep. Coleman
House Bill No. 4185, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 35, and 36 (MCL 408.1004, 408.1035, and 408.1036), section 4 as amended by 2012 PA 416 and sections 35 and 36 as amended by 1991 PA 105.
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. Pohutsky, Hill, Shannon, Arbit, McFall, Paiz, Martin, Prestin and Schriver
Nays: None
The Committee on Natural Resources, Environment, Tourism and Outdoor Recreation, by Rep. Pohutsky, Chair, reported
House Bill No. 4186, entitled
A bill to allow local governments and certain authorities to withhold payment under certain conditions to contractors on an asbestos abatement project; to provide for mandatory contract conditions on certain asbestos abatement projects; to provide for certain disclosures; and to prescribe the powers and duties of certain local officials.
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. Pohutsky, Hill, Shannon, Arbit, McFall, Paiz, Martin and Prestin
Nays: Rep. Schriver
The Committee on Natural Resources, Environment, Tourism and Outdoor Recreation, by Rep. Pohutsky, Chair, reported
House Bill No. 4187, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5519b.
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. Pohutsky, Hill, Shannon, Arbit, McFall, Paiz, Martin and Prestin
Nays: Rep. Schriver
The Committee on Natural Resources, Environment, Tourism and Outdoor Recreation, by Rep. Pohutsky, Chair, reported
House Bill No. 4188, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 5519 and 5519a.
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. Pohutsky, Hill, Shannon, Arbit, McFall and Paiz
Nays: Reps. Martin, Prestin and Schriver
The Committee on Natural Resources, Environment, Tourism and Outdoor Recreation, by Rep. Pohutsky, Chair, reported
House Bill No. 4189, entitled
A bill to prohibit certain public entities from entering into certain contracts with certain entities that remove or abate asbestos; to require certain entities to disclose certain information when bidding on certain contracts with public entities; and to impose certain duties and responsibilities on certain public entities.
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. Pohutsky, Hill, Shannon, Arbit, McFall, Paiz, Martin and Prestin
The Committee on Natural Resources, Environment, Tourism and Outdoor Recreation, by Rep. Pohutsky, Chair, reported
House Bill No. 4190, entitled
A bill to prohibit certain public entities from entering into certain contracts with certain entities that remove or abate asbestos; to require certain entities to disclose certain information when bidding on certain contracts with public entities; and to impose certain duties and responsibilities on certain public entities.
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. Pohutsky, Hill, Shannon, Arbit, McFall, Paiz, Martin, Prestin and Schriver
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pohutsky, Chair, of the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation, was received and read:
Meeting held on: Thursday, May 18, 2023
Present: Reps. Pohutsky, Hill, Shannon, Arbit, McFall, Paiz, Martin, Prestin and Schriver
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Haadsma, Chair, of the Committee on Labor, was received and read:
Meeting held on: Thursday, May 18, 2023
Present: Reps. Haadsma, Mentzer, Koleszar, O’Neal, Andrews, Churches, Wegela, Wozniak, Mueller and Kunse
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Ethics and Oversight, was received and read:
Meeting held on: Thursday, May 18, 2023
Present: Reps. Byrnes, Hope, Breen, Churches, Hoskins, Wegela, Kunse, Wozniak and Harris
Introduction of Bills
House Bill No. 4597, entitled
A bill to adopt the uniform power of attorney act; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4598, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101b (MCL 324.20101b), as amended by 2000 PA 368.
The
bill was read a first time by its title and referred to the Committee on
Judiciary.
House Bill No. 4599, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 10121 and 10301 (MCL 333.10121 and 333.10301), section 10121 as added by 2008 PA 39 and section 10301 as added by 2012 PA 179.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4600, entitled
A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending section 7 (MCL 333.27957).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. McFall, Tyrone Carter, Liberati, Hood, Tsernoglou, Brixie, Dievendorf, Morgan, Shannon, Outman and Filler introduced
House Bill No. 4601, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending sections 102, 402, 501, 502, and 504 (MCL 333.27102, 333.27402, 333.27501, 333.27502, and 333.27504), section 102 as amended by 2021 PA 57, section 402 as amended by 2021 PA 161, sections 501 and 504 as amended by 2018 PA 10, and section 502 as amended by 2018 PA 648.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Wilson, O’Neal, Paiz, Wegela, Rheingans, Skaggs, MacDonell, Andrews, Coleman, Farhat, Snyder, Brabec, Hope, McFall, Tsernoglou, Scott, Rogers, Hood, Price, Steckloff, Mentzer, Filler, Grant, Brixie, Dievendorf, Byrnes, Miller, Haadsma, Morgan, McKinney, Hoadley, DeSana, BeGole, Fox, Puri, DeBoyer and Aiyash introduced
House Bill No. 4602, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 18c.
The bill was read a first time by its title and referred to the Committee on Transportation, Mobility and Infrastructure.
______
Rep. Paiz moved that the House adjourn.
The motion prevailed, the time being 1:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, May 23, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives