No. 3

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

102nd  Legislature

REGULAR  SESSION  OF  2024

 

 

 

 

House Chamber, Lansing, Wednesday, January 17, 2024.

 

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     Maddock—present        Schmaltz—present

Alexander—present        Edwards—present         Markkanen—present     Schriver—present

Andrews—excused        Farhat—present            Martin—present            Schuette—present

Aragona—present          Filler—present              Martus—present           Scott—present

Arbit—present               Fink—present               McFall—present           Shannon—present

Beeler—present             Fitzgerald—present       McKinney—present      Skaggs—present

BeGole—present            Fox—present                Meerman—present        Slagh—present

Beson—present              Friske—present            Mentzer—present         Smit—present

Bezotte—present            Glanville—present        Miller—present            Snyder—present

Bierlein—present           Grant—present             Morgan—present          St. Germaine—excused

Bollin—present              Green, P.—present        Morse—present            Steckloff—present

Borton—present             Greene, J.—present       Mueller—present          Steele—present

Brabec—present            Haadsma—present        Neeley—present           Tate—present

Breen—present              Hall—present               Neyer—present             Thompson—present

Brixie—present              Harris—present            O’Neal—present           Tisdel—present

Bruck—present              Hill—present                Outman—present          Tsernoglou—present

Byrnes—present            Hoadley—present         Paiz—present               VanderWall—present

Carra—present               Hood—present             Paquette—present         VanWoerkom—present

Carter, B.—present         Hope—present             Pohutsky—present        Wegela—present

Carter, T.—excused        Hoskins—present          Posthumus—present      Weiss—present

Cavitt—present              Johnsen—present          Prestin—present           Wendzel—present

Churches—present         Koleszar—present         Price—present              Whitsett—present

Coffia—present             Kuhn—present             Puri—present               Wilson—present

Conlin—present             Kunse—present            Rheingans—present      Witwer—present

DeBoer—present           Liberati—present          Rigas—present             Wozniak—present

DeBoyer—present          Lightner—present         Rogers—present           Young—present

DeSana—present           MacDonell—present     Roth—present              Zorn—present

 

e/d/s = entered during session

Rep. Brenda Carter, from the 53rd District, offered the following invocation:

 

Thou Eternal God, out of Whose absolute power and infinite intelligence the whole universe has come into being, we humbly confess that we have not loved Thee with our hearts, souls and minds, and we have not loved our neighbors as Christ loved us. We have all too often lived by our own selfish impulses rather than by the life of sacrificial love as revealed by Christ. We often give in order to receive. We love our friends and hate our enemies. We go the first mile but dare not travel the second. We forgive but dare not forget. And so, as we look within ourselves, we are confronted with the appalling fact that the history of our lives is the history of an eternal revolt against You. But Thou, O God, have mercy upon us. Forgive us for what we could have been but failed to be. Give us the intelligence to know Your will. Give us the courage to do Your will. Give us the devotion to love Your will.

O God, the Creator and Preserver of all mankind; in Whom to dwell is to find peace and security; toward Whom to turn is to find life and life eternal, we humbly beseech Thee for all sorts and conditions of men; that Thou wouldst be pleased to make Thy ways known unto them, Thy saving health unto all nations. We also pray for Thy holy Church universal; that it may be so guided and governed by Thy Spirit, that all who profess and call themselves Christians may be led into the way of truth, and hold the faith in unity of spirit, in the bond of peace, and in righteousness of life. Finally, we commend to Thy Fatherly goodness all those who are in any way afflicted or distressed in mind or body. Give them patience under the suffering and power of endurance.

This we ask in the name of Jesus. Amen.

 

 

______

 

 

Rep. Aiyash moved that Reps. Andrews, Tyrone Carter and St. Germaine be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

By unanimous consent the House considered House Resolution No. 173 out of numerical order.

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 173.

A resolution of tribute for Clark E. Bisbee, former member of the Michigan House of Representatives.

Whereas, It is with great sadness that the members of this legislative body learned about the passing of Clark Bisbee. He will be remembered as a dedicated public servant and leader who loyally served his constituents in the greater Jackson area in the Sixty-Fourth District; and

Whereas, Clark Bisbee was born in Jackson to Leland S. Bisbee, Jr. and Margaret Clark Bisbee. After receiving his bachelor’s degree in business from Albion College, he began his storied career with City Bank & Trust and spent ten years managing the bank’s operations in mid-Michigan. In 1978, Mr. Bisbee founded Bisbee Infrared Services, which provided the mid-Michigan region with thermographic imaging services for decades. Always the family man, Mr. Bisbee then stepped up to lead Lee Bisbee Travel Service Inc., the travel agency founded by his father. Under his leadership, the family business became the premier travel agency in Michigan. Lee Bisbee Travel Service Inc. had over 40 employees in five offices across the state at its peak and served the community for over 50 years before closing its doors in 2009. While at the helm of Lee Bisbee Travel Service Inc., Mr. Bisbee also served as the president of the American Society of Travel Agents; and

Whereas, Clark Bisbee was a pillar of his community. His family business sponsored local little league teams for decades, while he served as a member of the Greater Jackson Chamber of Commerce; the YMCA Expansion Committee; Queen’s Parish Administration Council; Father Coyle Society; Lutheran School PTO; Jackson Rotary; and countless other organizations. Mr. Bisbee’s attitude of genuine friendship and positivity towards everybody served him well in his various positions throughout the community; and

Whereas, Clark Bisbee was first elected to the Michigan House of Representatives in 1998 and served until 2004. During his tenure, he chaired the Joint Select Committee on Business Competitiveness, the Commerce Committee, and the Training and Safety Committee; was the vice chair for the Insurance and Financial Services Committee for two terms; and was a member of the committees on Economic Development, Energy and Technology, Great Lakes and Tourism, Employment Relations, Insurance, and Regulatory Reform. While in office, Mr. Bisbee was an effective representative who worked across the aisle with now United States Senator Gary Peters to spearhead an amendment to Michigan’s Constitution to require a majority of the members in Michigan’s House of Representatives and Senate to approve a salary increase for the following term; and

Whereas, Clark Bisbee is survived by his wife, Kathleen “Katie” Miller Bisbee of over 39 years; four children, Casey, Megan, Leland IV, and Peter; seven grandchildren; and his siblings, Leland III, Margaret, and Constance. His parents and sister, Patrice, preceded him in death. His family described him as a devoted and adoring husband, father, grandfather, brother, and uncle whose calmness and relentless positivity endeared him to anyone with whom he crossed paths. Described by those who worked close to him as a model for citizen legislators, Mr. Bisbee always prioritized his family and was home with his family every night. He will be greatly missed and fondly remembered; now, therefore, be it

Resolved by the House of Representatives, That we offer this resolution of tribute for Clark E. Bisbee, former member of the Michigan House of Representatives; and be it further

Resolved, That copies of this resolution be transmitted to the family of Clark Bisbee as a sign of our deepest condolences.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

 

 

By unanimous consent the House considered House Resolution No. 174 out of numerical order.

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 174.

A resolution of tribute offered as a memorial for Thomas C. Mathieu, former member of the House of Representatives.

Whereas, It was with great sorrow that the members of the House of Representatives learned about the passing of Thomas Mathieu. He will be remembered as a dedicated public servant by his constituents in the Grand Rapids area and the people of the State of Michigan; and

Whereas, Thomas Mathieu was first elected to the House of Representatives in 1974. For the next 24 years he would go on to serve his constituents with distinction, authoring laws such as the Mathieu-Gast Home Improvement Act, the act establishing a long-term care ombudsman, and the Michigan Civilian Conservation Corps Act. During his service, he was recognized as Legislator of the Year by a constellation of organizations, such as the Michigan United Conservation Clubs, American Association of University Professors, and Michigan Federation of Private Child and Family Agencies. He was especially known for his efforts on behalf of senior citizens; and

Whereas, Thomas Mathieu also distinguished himself with his service in House leadership. He served as Majority Whip in the 78th Legislature (1975-76), and Assistant Majority Floor Leader in the 79th, 80th, 81st, and 82nd Legislatures (1977-84). He also chaired the Judiciary Committee in the 87th Legislature (1993-94), and the Appropriations Committee for a time in the 89th Legislature (1998); and

Whereas, After leaving the Legislature he spent seven years as Director of the Michigan Association of Community Action Agencies before beginning a well-earned retirement in 2005; and

Whereas, Upon Thomas Mathieu’s passing, we offer our condolences to his loved ones. Thomas Mathieu’s contributions to this chamber and the State of Michigan will be remembered; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Thomas Mathieu, a member of the House of Representatives from 1975 to 1998; and be it further

Resolved, That copies of this resolution be transmitted to the Mathieu family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

 

 

By unanimous consent the House considered House Resolution No. 175 out of numerical order.

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 175.

A resolution of tribute offered as a memorial for John Gernaat, former member of the House of Representatives.

Whereas, It is with great sorrow that the members of the House of Representatives learned about the passing of John Gernaat. He will be remembered as a dedicated public servant who was committed to his constituents in Missaukee, Osceola, Roscommon, and Wexford counties and the people of the State of Michigan; and

Whereas, John Gernaat was born in McCain, Michigan to Herman and Minnie Gernaat. He studied business accounting at Davenport College in Lansing and Grand Rapids before beginning a successful career in sales and banking, first with the Falmouth Co-ops and then with Jenema Farm Equipment. He then became an agricultural loan officer and Vice President at Chemical Bank, where he oversaw Mr. Gernaat was an active member of his community, serving as a member of the McBain Chamber of Commerce, the McBain Downtown Development Authority, the McBain Tax Increment Finance Authority, and numerous other organizations, in addition to his dedication to his church; and

Whereas, John Gernaat was first elected to the House of Representatives in 1991 when he successfully sought election in Michigan’s 18th district. Following his first term, he went on to serve Michigan’s 102nd District for three terms in the House of Representatives where he served his constituents dutifully until his retirement in 1999. As a lifelong Michigander and farmer at heart, Mr. Gernaat faithfully served on the committees of Agriculture and Forestry, Economic Development, State Affairs, and Tax Policy. He also chaired the Senior Citizens Committee and was the majority and minority vice chair for the Commerce Committee. He authored numerous pieces of legislation and worked tirelessly to advocate for Michiganders; and

Whereas, John Gernaat is survived by his wife and best friend, Karen, of 62 years; four children, Brad, Kenda, Randy, and Gregg; sister, Karen; six in-laws; five grandchildren; and eight great grandchildren whom he loved dearly. His parents, parents-in-law, four siblings, one brother-in-law, and one grandson preceded him in death. Mr. Gernaat is described as a kind, generous, and caring man who was an optimist by nature and had a passion for helping others. His contributions to the State of Michigan will be remembered and felt for years to come; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of John Gernaat, a member of the House of Representatives from 1991 to 1998; and be it further

Resolved, That copies of this resolution be transmitted to the Gernaat family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, January 16:

House Bill Nos.     5393   5394   5395   5396  5397  5398

 

 

Reports of Standing Committees

 

 

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

House Bill No. 4225, entitled

A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of this state by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, certain public or private school buildings or additions to those buildings and by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, buildings leased or acquired for school purposes; to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 388.851 to 388.855a) by adding section 1e.

With the recommendation that the bill be referred to the Committee on Education.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Education.

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

House Bill No. 4793, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 30, 90, 166, and 335 (MCL 750.30, 750.90, 750.166, and 750.335), section 335 as amended by 2002 PA 672.

With the recommendation that the bill be referred to the Committee on Government Operations.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Government Operations.

 

 

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

House Bill No. 5271, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2015 PA 229.

With the recommendation that the bill be referred to the Committee on Criminal Justice.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Criminal Justice.

 

 

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

House Bill No. 5316, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2156 (MCL 600.2156).

With the recommendation that the bill be referred to the Committee on Government Operations.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Government Operations.

 

 

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

House Bill No. 5317, entitled

A bill to amend 1846 RS 158, entitled “Of offences against chastity, morality and decency,” by amending section 27 (MCL 752.527), as amended by 1991 PA 145.

With the recommendation that the bill be referred to the Committee on Government Operations.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: Rep. Outman

The recommendation was concurred in and the bill was referred to the Committee on Government Operations.

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

House Bill No. 5318, entitled

A bill to amend 1846 RS 171, entitled “Of county jails and the regulation thereof,” by amending section 3 (MCL 801.3).

With the recommendation that the bill be referred to the Committee on Government Operations.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Government Operations.

 

 

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

House Bill No. 5319, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 2014 PA 278 and section 16 as amended by 2006 PA 419.

With the recommendation that the bill be referred to the Committee on Government Operations.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins and Tsernoglou

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Government Operations.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, January 17, 2024

Present: Reps. Breen, Edwards, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou, Fink, Wendzel, Wozniak, Outman and Johnsen

Absent: Rep. Tyrone Carter

Excused: Rep. Tyrone Carter

 

 

Notices

 

 

January 17, 2024

Mr. Rich Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

 

Dear Mr. Clerk:

I am making the following changes to committees for the 102nd Legislature:

Representative Jason Hoskins will be added to the Insurance and Financial Services Committee

                                                                                       Sincerely,

                                                                                       Joe Tate

                                                                                       Speaker of the House

Messages from the Governor

 

 

The following message from the Governor was received January 17, 2024 and read:

 

EXECUTIVE ORDER

No. 2024-2

Department of Civil Rights

Department of Labor and Economic Opportunity

Department of Licensing and Regulatory Affairs

Department of Lifelong Education, Advancement, and Potential

Workers’ Disability Compensation Appeals Commission

Executive Reorganization

 

Educational attainment after high school is a key determinant of economic opportunity and social mobility. My administration has been focused on ensuring that Michigan is providing the best opportunity for its residents and attracting and retaining talent. With the establishment of the Michigan Department of Lifelong Education, Advancement, and Potential (MiLEAP), Michigan has an executive department dedicated to advancing our lifelong education efforts—from preschool through postsecondary. Creating a single place in state government to lead our work to increase degree attainment helps more people make it in Michigan.

It is also important that the Michigan Tax Tribunal and the Workers’ Disability Compensation Appeals Commission have the tools to exercise their functions as efficiently as possible. This reorganization gives the Tax Tribunal increased autonomy. It also streamlines the process for ensuring that the Workers’ Disability Compensation Appeals Commission can proceed expeditiously to hear appeals even when conflicts arise. The transfers contained in this order will increase the efficiency and effectiveness of state government.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 2 of article 5 of the Michigan Constitution of 1963 empowers the governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the governor considers necessary for efficient administration.

Acting pursuant to the Michigan Constitution of 1963 and Michigan law, I order the following:

   1.  Transfers from the Department of Labor and Economic Opportunity

   (a) Michigan Office of Postsecondary Educational Attainment

        (1) All authority, powers, duties, functions, and responsibilities related to the Michigan Office of Postsecondary Educational Attainment, established under MCL 388.1841d, are hereby transferred to the Michigan Department of Lifelong Education, Advancement, and Potential. The transfer includes the civil service personnel and the programs, records, property, and allocations or other funds of the Office.

   2.  Transfers from the Department of Civil Rights

   (a) Michigan Indian Tuition Waiver

        (1) All authority, powers, duties, functions, and responsibilities related to the Michigan Indian Tuition Waiver, created under 1976 PA 174, MCL 390.1251 et seq., and transferred to the Department of Civil Rights by Executive Reorganization Order 1999-6 (E.O. 1999-9), are hereby transferred to the Michigan Department of Lifelong Education, Advancement, and Potential. The transfer includes the civil service personnel and the programs, records, property, and allocations or other funds of the Office.

   3.  Department of Licensing and Regulatory Affairs

   (a) Transfer of the Michigan Tax Tribunal to the Department of Licensing and Regulatory Affairs

        (1) The Michigan Tax Tribunal, created under the Tax Tribunal Act, 1973 PA 186, as amended, MCL 205.701 et seq., is transferred by Type I transfer from the Michigan Office of Administrative Hearings and Rules to the Department of Licensing and Regulatory Affairs. As a Type I agency, the Michigan Tax Tribunal shall exercise its prescribed authority, powers, duties, functions, and responsibilities independently of the director of the Department of Licensing and Regulatory Affairs. The budgeting, procurement, and related management functions of the Michigan Tax Tribunal shall be performed under the direction and supervision of the director of the Department of Licensing and Regulatory Affairs.

   4.  Amendment to Executive Order No. 2019-13

   (a) Section 4(b) of Executive Order No. 2019-13 is rescinded and replaced with the following:

        (1) The Workers’ Disability Compensation Appeals Commission will include three members appointed by the governor with the advice and consent of the senate. The Workers’ Disability Compensation Appeals Commission shall act by the vote of two or more members. If the Workers’ Disability Compensation Appeals Commission does not have the vote of two or more members to decide a case because a member cannot participate due to a conflict under section 4(g) or for any other reason, the director of the Workers’ Disability Compensation Agency or the director’s designated representative shall randomly assign a member of the Workers’ Compensation Board of Magistrates who is not subject to disqualification in that case to participate in the case and cast a vote upon a review of the record. In the event that two members of the Workers’ Disability Compensation Appeals Commission cannot participate in a case because of a conflict under section 4(g) or for any other reason, the director of the Workers’ Disability Compensation Agency or the director’s designated representative shall randomly assign two members of the Workers’ Compensation Board of Magistrates who are not subject to disqualification in that case to participate in the case and cast votes upon a review of the record. Members of the Workers’ Disability Compensation Appeals Commission must be appointed for a term of four years. A member may continue to serve until a successor is appointed and qualified. A vacancy occurring before the expiration of a term will be filled in the same manner as the original appointment for the remainder of the term.

   5.  Implementation of Transfers

   (a) Except as otherwise provided by this Order, the director of each applicable department shall provide executive direction and supervision for the implementation of all transfers to the director’s department under this Order.

   (b) Except as otherwise provided by this Order, the director of each applicable department shall administer the assigned functions transferred to the director’s department under this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

   (c) The directors of all state departments and agencies having authority transferred under this Order shall immediately initiate coordination to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.

   (d) All records, property, and unexpended balances of appropriations, allocations, or other funds used, held, employed, available to be made for activities, powers, duties, functions, and responsibilities transferred to a department under this Order are hereby transferred to that department.

   (e) Except as otherwise provided by this Order, the director of each applicable department may delegate a duty or power conferred by law or this Order and the person to whom such duty or power is delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the director.

   (f) All rules, orders, contracts, and agreements related to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state department or agency shall continue to be effective until revised, amended, or rescinded.

   (g) Any suit, action or other proceeding lawfully commenced against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

   6.  Reserved Authority

   (a) Nothing in this Order should be construed to diminish the constitutional authority of the State Board of Education to provide leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, and its authority to serve as the general planning and coordinating body for all public education including higher education, and to advise the legislature as to the financial requirements in connection therewith.

   (b) Nothing in this Order should be construed to diminish the constitutional authority of the boards of institutions of higher education to supervise their respective institutions and control and direct the expenditure of the institutions’ funds.

If any portion of this order is found to be unenforceable, the unenforceable provision should be disregarded, and the rest of the order should remain in effect as issued.

Consistent with section 2 of article 5 of the Michigan Constitution of 1963, this order is effective March 18, 2024, at 12:01 a.m.

Given under my hand and the Great Seal of the State of Michigan.

Date:  January 17, 2024

Time: 8:30 a.m.

                                         [SEAL]                                  GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor

                                                                                       Jocelyn Benson

                                                                                       SECRETARY OF STATE

The message was referred to the Clerk.

 

 

Introduction of Bills

 

 

Rep. Martin introduced

House Bill No. 5399, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2023 PA 4.

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

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

By unanimous consent the House returned to the order of

Second Reading of Bills

 

 

House Bill No. 4863, entitled

A bill to amend 1967 PA 224, entitled “Powers of appointment act of 1967,” by amending sections 5a and 14 (MCL 556.115a and 556.124), section 5a as added and section 14 as amended by 2012 PA 485.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4864, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending sections 3 and 5 (MCL 554.73 and 554.75), section 5 as amended by 2011 PA 11.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4845, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 103a.

The bill was read a second time.

Rep. Bruck 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.

 

 

______

 

 

Rep. Posthumus moved that Rep. Maddock be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4845, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 103a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 1                                      Yeas—104

 

 

Aiyash                              Edwards                  Markkanen                             Schmaltz

Alexander                          Farhat                      Martin                                    Schriver

Aragona                            Filler                        Martus                                   Schuette

Arbit                                 Fink                         McFall                                   Scott

Beeler                                Fitzgerald                 McKinney                              Shannon

BeGole                              Fox                          Meerman                               Skaggs

Beson                                Friske                      Mentzer                                 Slagh

Bezotte                              Glanville                  Miller                                     Smit

Bierlein                             Grant                       Morgan                                  Snyder

Bollin                                Green, P.                  Morse                                    Steckloff

Borton                               Greene, J.                 Mueller                                  Steele

Brabec                               Haadsma                 Neeley                                   Tate

Breen                                Hall                         Neyer                                     Thompson

Brixie                                Harris                      O’Neal                                   Tisdel

Bruck                                Hill                          Outman                                  Tsernoglou

Byrnes                              Hoadley                   Paiz                                        VanderWall

Carra                                 Hood                       Paquette                                 VanWoerkom

Carter, B.                           Hope                       Pohutsky                                Wegela

Cavitt                                Hoskins                   Posthumus                             Weiss

Churches                           Johnsen                   Prestin                                   Wendzel

Coffia                                Koleszar                  Price                                      Whitsett

Conlin                               Kuhn                       Puri                                        Wilson

DeBoer                              Kunse                      Rheingans                              Witwer

DeBoyer                            Liberati                    Rigas                                      Wozniak

DeSana                              Lightner                   Rogers                                   Young

Dievendorf                        MacDonell               Roth                                       Zorn

 

 

                                                               Nays—0

 

 

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.

Reps. Aragona, Bezotte, Coffia, DeBoer, Dievendorf, Farhat, Glanville, Haadsma, Hall, Hood, Johnsen, Kuhn, MacDonell, Markkanen, Martin, McFall, Morse, Mueller, Neyer, Paquette, Puri, Rheingans, Rogers, Roth, Schuette, Shannon, Slagh, Snyder, Tsernoglou, Whitsett, and Young were named co-sponsors of the bill.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Senate returned, in accordance with the request of the House

Senate Bill No. 227, 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, 2b, and 2c (MCL 722.111, 722.112b, and 722.112c), section 1 as amended by 2022 PA 208, section 2b as amended by 2007 PA 217, and section 2c as amended by 2017 PA 257.

(The bill was passed on November 8, 2023, see House Journal No. 96 of 2023, p. 2390.)

 

Rep. Aiyash moved that Rule 63 be suspended.

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

 

Rep. Aiyash moved to reconsider the vote by which the House passed the bill.

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

 

 

Third Reading of Bills

 

 

Senate Bill No. 227, 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, 2b, and 2c (MCL 722.111, 722.112b, and 722.112c), section 1 as amended by 2022 PA 208, section 2b as amended by 2007 PA 217, and section 2c as amended by 2017 PA 257.

The question being on the passage of the bill,

 

Rep. Rogers moved to substitute (H-1) the bill.

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

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 2                                       Yeas—52

 

 

Aiyash                              Fitzgerald                 McKinney                              Scott

Arbit                                 Glanville                  Mentzer                                 Shannon

Brabec                               Grant                       Miller                                     Skaggs

Breen                                Haadsma                 Morgan                                  Snyder

Brixie                                Hill                          Morse                                    Steckloff

Byrnes                              Hood                       Neeley                                   Tate

Carter, B.                           Hope                       O’Neal                                   Tsernoglou

Churches                           Hoskins                   Paiz                                        Wegela

Coffia                                Koleszar                  Pohutsky                                Weiss

Conlin                               Liberati                    Price                                      Whitsett

Dievendorf                        MacDonell               Puri                                        Wilson

Edwards                            Martus                     Rheingans                              Witwer

Farhat                                McFall                     Rogers                                   Young

 

 

                                                              Nays—52

 

 

Alexander                          DeBoyer                  Kunse                                    Schmaltz

Aragona                            DeSana                    Lightner                                 Schriver

Beeler                                Filler                        Markkanen                             Schuette

BeGole                              Fink                         Martin                                    Slagh

Beson                                Fox                          Meerman                               Smit

Bezotte                              Friske                      Mueller                                  Steele

Bierlein                             Green, P.                  Neyer                                     Thompson

Bollin                                Greene, J.                 Outman                                  Tisdel

Borton                               Hall                         Paquette                                 VanderWall

Bruck                                Harris                      Posthumus                             VanWoerkom

Carra                                 Hoadley                   Prestin                                   Wendzel

Cavitt                                Johnsen                   Rigas                                      Wozniak

DeBoer                              Kuhn                       Roth                                       Zorn

 

 

In The Chair: Pohutsky

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

By unanimous consent the House considered House Resolution No. 172 out of numerical order.

 

Reps. Witwer, Bollin, Haadsma, Hill, Lightner, Paiz, Schuette and Thompson offered the following resolution:

House Resolution No. 172.

A resolution to declare January 28-February 3, 2024, as Wetland Conservation Week in the state of Michigan.

Whereas, Ducks Unlimited, Incorporated was founded in 1937, when the drought-plagued waterfowl populations of North America plunged to unprecedented lows; and

Whereas, After decades of commitment to conserving waterfowl habitats, Ducks Unlimited has become the largest private organization for waterfowl and wetlands conservation worldwide and one of the most effective private organizations dedicated to that cause; and

Whereas, Since the founding of Ducks Unlimited, the organization has conserved and protected more than 90,000 acres of waterfowl habitat in Michigan; and

Whereas, Ducks Unlimited has nearly 30,000 passionate members in communities all across Michigan; and

Whereas, Since the founding of Ducks Unlimited, the organization has invested over $55 million on nearly five hundred individual projects throughout the state, benefitting wildlife, enhancing recreational opportunity, and supporting Michigan’s robust outdoor economy; and

Whereas, Ducks Unlimited wetland projects also benefit communities by providing lifesaving flood storage capabilities, groundwater recharge, and water quality improvements associated with the natural water filtration that wetlands provide; and

Whereas, Ducks Unlimited maintains the vital mission of conserving, restoring, and managing wetlands and associated habitats for the waterfowl of North America, a mission that also benefits other wildlife and people; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 28-February 3, 2024, as Wetland Conservation Week in the state of Michigan. We support collaborative wetland conservation efforts on public and private lands that promote hunting and fishing as well as a wide array of recreational pursuits; and be it further

Resolved, That we recognize the important contributions of Ducks Unlimited, Incorporated, and its members across Michigan to the conservation of wetlands and associated habitats and to the waterfowl of North America, as their ecosystem services are critical to sustaining and improving quality of life in Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Rep. Hall offered the following resolution:

House Resolution No. 171.

A resolution to amend the Standing Rules of the House of Representatives.

Resolved by the House of Representatives, That Rule 77 of the Standing Rules of the House of Representatives is hereby amended to read as follows:

Equally Divided House.

Rule 77. If at any time during the One Hundred Second Legislature, there are 55 Members duly elected and serving as Democrats as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the One Hundred Second Legislature, and 55 Members duly elected and serving as Republicans the number of members duly elected and serving as Democrats is equal to the number of members duly elected and serving as Republicans, as evidenced by the party he or she each member represented on the general or special election ballot from which he or she was elected to the One Hundred Second Legislature, then the House of Representatives shall proceed with the election of a Speaker and other officers provided for in Rule 1 by at least 56 votes enter into a shared power agreement. The shared power agreement must be adopted by a House Resolution. A shared power agreement may be terminated at any time by a record roll call vote of a majority of the members elected to and serving in the House voting to terminate the agreement.”.

The resolution was referred to the Committee on Government Operations.

 

 

______

 

 

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

The motion prevailed.

 

 

______

 

 

Rep. Edwards moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Thursday, January 18, at 12:00 Noon.

 

 

RICHARD J. BROWN

Clerk of the House of Representatives