STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Tuesday, January 26, 2021.
1:30 p.m.
The House was called to order by the Speaker.
Due to security concerns at the Capitol Tuesday, January 19 thru Thursday, January 21, sessions were canceled by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Aiyash—present Damoose—present LaFave—present Roth—present
Albert—present Eisen—present LaGrand—present Sabo—present
Alexander—present Ellison—present Lasinski—present Schroeder—present
Allor—present Farrington—present Liberati—present Scott—present
Anthony—present Filler—present Lightner—present Shannon—present
Beeler—present Fink—present Lilly—present Slagh—present
Bellino—present Frederick—present Maddock—present Sneller—present
Berman—present Garza—present Manoogian—present Sowerby—present
Beson—present Glenn—present Marino—present Steckloff—present
Bezotte—present Green—present Markkanen—present Steenland—present
Bolden—excused Griffin—present Martin—present Stone—present
Bollin—present Haadsma—present Meerman—present Tate—present
Borton—present Hall—present Morse—present Thanedar—present
Brabec—present Hammoud—present Mueller—present Tisdel—present
Brann—present Hauck—present Neeley—excused VanSingel—present
Breen—present Hertel—present O’Malley—present VanWoerkom—present
Brixie—present Hoitenga—present O’Neal—present Wakeman—present
Calley—present Hood—present Outman—present Weiss—present
Cambensy—present Hope—present Paquette—present Wendzel—present
Camilleri—present Hornberger—present Peterson—present Wentworth—present
Carra—present Howell—present Pohutsky—present Whiteford—present
Carter, B—present Huizenga—present Posthumus—present Whitsett—present
Carter, T—present Johnson, C—present Puri—present Witwer—present
Cavanagh—present Johnson, S—present Rabhi—present Wozniak—present
Cherry—present Jones—present Reilly—present Yancey—present
Clemente—present Kahle—present Rendon—present Yaroch—present
Clements—present Koleszar—present Rogers—present Young—present
Coleman—present Kuppa—present
e/d/s = entered during session
Rep. Andrew W. Beeler, from the 83rd District, offered the following invocation:
“Heavenly Father, as we assemble before You today, we ask Your blessing upon this chamber and upon those we represent. Grant us all the wisdom to discern the needs of our communities and those of our state. Grant us the fortitude to communicate our beliefs with passion and respect. Grant us the grace to acknowledge our shortcomings and the humility to turn to You in our times of need. Father, we know that the honor of serving in this chamber comes with a tremendous responsibility. A responsibility to serve our community and to defend rights granted to mankind by You. As we proceed with our duties today, we ask You to watch over us, our families and loved ones, and all Your children. We pray this in Your Holy Name. Amen.”
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Rep. Rabhi moved that Reps. Bolden and Neeley be excused from today’s session.
The motion prevailed.
Notices
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Mr. Clerk:
I appoint the following Members of the 101st Legislature to the Standing Committees for the 2021-2022 Legislative Session:
Agriculture
Reps. Alexander (C), Posthumus (Maj. VC), Bellino, Rendon, Eisen, Filler, Garza (Min. VC), Cambensy, Hope, Witwer, Puri
Appropriations
Reps. Albert (C), Whiteford (Maj. VC), Allor, Brann, Hornberger, VanSingel, Yaroch, Bollin, Glenn, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Beson, Borton, Fink, Tate (Min. VC), Hammoud, Peterson, Sabo, T. Carter, Hood, C. A. Johnson, Brabec, O’Neal, Steckloff, Thanedar, Weiss
Commerce and Tourism
Reps. Marino (C), Roth (Maj. VC), Farrington, Wakeman, Wendzel, Martin, Cambensy (Min. VC), Cherry, Manoogian, Whitsett, Liberati
Communications and Technology
Reps. Hoitenga (C), Damoose (Maj. VC), Griffin, Hauck, Reilly, Wozniak, Bezotte, Coleman (Min. VC), Haadsma, Aiyash, Scott
Education
Reps. Hornberger (C), Paquette (Maj. VC), Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus Camilleri (Min. VC), B. Carter, Koleszar, Shannon, Stone
Elections and Ethics
Reps. Bollin (C), Wendzel (Maj. VC), Calley, S. Johnson, Filler, Koleszar (Min. VC), Whitsett
Energy
Reps. Bellino (C), Markkanen (Maj. VC), Hoitenga, Reilly, Berman, Paquette, Schroeder, Martin, Outman, Roth, Manoogian (Min. VC), Sneller, Cherry, Haadsma, Morse, Puri, Scott
Families, Children and Seniors
Reps. Wakeman (C), Wozniak (Maj. VC), Marino, Rendon, Tisdel, Pohutsky
(Min. VC), Camilleri,
B. Carter, Aiyash
Financial Services
Reps. Farrington (C), Wakeman (Maj. VC), Griffin, Reilly, O’Malley, Carra, Clemente (Min. VC), Camilleri, Rogers, Scott, Young
Government Operations
Reps. Mueller (C), VanWoerkom (Maj. VC), Hauck, Cherry (Min. VC), Rabhi
Health Policy
Reps. Kahle (C), Meerman (Maj. VC), Whiteford, Alexander, Allor, Hauck, Filler, Mueller, Beeler, Fink, Roth, Tisdel, Witwer (Min. VC), Clemente, Pohutsky, Stone, Whitsett, Neeley, Morse
Insurance
Reps. Rendon (C), Berman (Maj. VC), Kahle, LaFave, Hall, Meerman, Bezotte, Clements, Posthumus, Tisdel, B. Carter (Min. VC), Anthony, Bolden, Coleman, Stone, Breen, Steenland
Judiciary
Reps. Filler (C), Mueller (Maj. VC), S. Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand (Min. VC), Yancey, Bolden, Hope, Breen
Local Government and Municipal Finance
Reps. Calley (C), Bezotte (Maj. VC), Howell, Alexander, Bellino, Marino, Berman, Paquette, Ellison (Min. VC), Sowerby, Garza, Kuppa, Cavanagh
Military, Veterans and Homeland Security
Reps. LaFave (C), Beeler (Maj. VC), Eisen, Bezotte, Martin, Jones (Min. VC), Coleman, Rogers, Steenland
Natural Resources and Outdoor Recreation
Reps. Howell (C), Markkanen (Maj. VC), LaFave, Marino, Wakeman, Carra, Sowerby (Min. VC), Cambensy, Aiyash
Oversight
Reps. S. Johnson (C), Outman (Maj. VC), Hoitenga, Reilly, O’Malley, Wozniak, Brixie (Min. VC), LaGrand, Young
Regulatory Reform
Reps. Hauck (C), Hoitenga (Maj. VC), Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel (Min. VC), Jones, Yancey, Garza, Witwer, Steenland
Rules and Competitiveness
Reps. Lilly (C), Clements (Maj. VC), Calley, Schroeder, Wendzel, Damoose, Posthumus, Anthony (Min. VC), Hertel, Sneller, Kuppa
Tax Policy
Reps. Hall (C), Tisdel (Maj. VC), Calley, Farrington, S. Johnson, Meerman, O’Malley, Beeler, Outman, Yancey (Min. VC), Ellison, Brixie, Kuppa, Neeley, Cavanagh
Transportation
Reps. O’Malley (C), Eisen (Maj. VC), Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller (Min. VC), Clemente, Shannon, Liberati, Puri
Workforce, Trades, and Talent
Reps. Griffin (C), Martin (Maj. VC), Howell, Farrington, Eisen, Markkanen, Sabo (Min. VC), Hope, O’Neal
I hereby appoint the following Members of the 101st Legislature to the Statutory Standing Committees for the 2021-2022 Legislative Session:
Joint Committee on Administrative Rules
Reps. Meerman (C), Carra (Maj. VC), Hall, Bolden (Min. VC), Brixie
House Fiscal Agency Governing Committee
Reps. Albert (C), Wentworth (Maj. VC), Frederick, Tate (Min. VC), Lasinski, Rabhi
Legislative Council
Reps. Wentworth (C), Hornberger, Albert, Lilly, Stone, Rabhi, Frederick (Alternate Member), Schroeder (Alternate Member), Kuppa (Alternate Member)
I hereby appoint the following Members of the 101st Legislature to the following Appropriations Subcommittees for the 2021-2022 Legislative Session:
Health and Human Services Subcommittee
Rep. Green (Maj. VC)
Higher Education and Community Colleges Subcommittee
Rep. S. Johnson (Maj. VC)
School Aid and Department of Education Subcommittee
Rep. Paquette (C)
Sincerely,
Jason Wentworth, Speaker
Michigan House of Representatives
January 25, 2021
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Mr. Clerk:
As chair of the Committee on Appropriations, I appoint the following members of the 101st Legislature to the Appropriations Subcommittees for the 2021-2022 Legislative Session:
Agriculture and Rural Development and Natural Resources Subcommittee
Reps. Allor (C), Beson (Maj. VC), Yaroch, Maddock, Borton, Hood (Min. VC), C. A. Johnson
Corrections Subcommittee
Reps. Slagh (C), Lightner (Maj. VC), Brann, Borton, T. Carter (Min. VC), Sabo, C. A. Johnson
General Government Subcommittee
Reps. VanWoerkom (C), Bollin (Maj. VC), Allor, Lightner, Maddock, Fink, Sabo (Min. VC), Tate, O’Neal
Health and Human Services Subcommittee
Reps. Whiteford (C), Allor, Bollin, Glenn, Huizenga, VanWoerkom, Beson, Hammoud (Min. VC), Hood, Tate, Brabec, Thanedar
Higher Education and Community Colleges Subcommittee
Reps. Huizenga (C), Brann, Green, Slagh, Brabec (Min. VC), Hammoud
Joint Capital Outlay Subcommittee
Reps. Maddock (C), Slagh (Maj. VC), Whiteford, VanSingel, Bollin, VanWoerkom, O’Neal (Min. VC), Peterson, Steckloff
Judiciary Subcommittee
Reps. Lightner (C), Yaroch (Maj. VC), Green, Borton, C. A. Johnson (Min. VC), T. Carter, Brabec
Licensing and Regulatory Affairs and Insurance and Financial Services Subcommittee
Reps. Yaroch (C), Maddock (Maj. VC), Beson, Fink, Peterson (Min. VC), Steckloff, Weiss
Military and Veterans Affairs and State Police Subcommittee
Reps. Brann (C), Fink (Maj. VC), VanSingel, Glenn, T. Carter (Min. VC), Peterson, Tate
Environment, Great Lakes, and Energy Subcommittee
Reps. Glenn (C), VanSingel (Maj. VC), Yaroch, Slagh, Thanedar (Min. VC), Hammoud, Weiss
School Aid and Department of Education Subcommittee
Reps. Glenn (Maj. VC), Brann, Hornberger, VanSingel, Huizenga, Beson, Weiss (Min. VC), Hood, O’Neal, Thanedar
Transportation Subcommittee
Reps. VanSingel (C), Borton (Maj. VC), Brann, Lightner, Huizenga, Steckloff (Min. VC), Sabo
Sincerely,
Thomas Albert, Appropriations Chair
Michigan House of Representatives
Announcements by the Clerk
Schedule of Standing Committees for the 2021-2022 Legislative Session:
Call of the Chair Appropriations 352 Capitol Building
Government
Operations 308 House Office Building
Tuesdays 9:00 a.m. Education 521 House Office Building
Judiciary 519 House Office Building
Commerce and Tourism 327 House Office Building
10:30 a.m. Regulatory Reform 519 House Office Building
Transportation 521 House Office Building
12:00 noon Elections and Ethics 326 House Office Building
Families, Children and Seniors 327 House Office Building
Military, Veterans and Homeland Security 307 House Office Building
Wednesdays 9:00 a.m. Energy 519 House Office Building
10:30 a.m. Agriculture 326 House Office Building
Communication and Technology 307 House Office Building
Tax Policy 519 House Office Building
12:00 noon Financial Services 327 House Office Building
Local Government and Municipal Finance 521 House Office Building
Thursdays 9:00 a.m. Insurance 519 House Office Building
Workforce, Trades, and Talent 327 House Office Building
10:30 a.m. Health Policy 519 House Office Building
Natural Resources and Outdoor Recreation 307 House Office Building
Oversight 326 House Office Building
Rules and Competitiveness 352 Capitol Building
By unanimous consent the House returned to the order of
Communications from State Officers
The following communication from the Department of State Police was received and read:
January 15, 2021
Pursuant to the reporting requirements of Public Act 243 of 2016, this supplemental report details the findings of the Second Phase of the Oral Fluid Roadside Analysis Pilot Program. This report has been prepared for submission to the Senate Judiciary and Public Safety Committee and the House Judiciary Committee. This report contains the requirements listed in Public Act 243 of 2016, along with the statistical data relating to the outcomes of the oral fluid test instrument, comparative voluntary oral fluid sample independent laboratory analyses, and Michigan State Police (MSP) Forensic Science Division (FSD) evidentiary blood analyses.
This report is presented on behalf of the subject matter experts who were assembled to serve on the Oral Fluid Roadside Analysis Pilot Program Phase II Committee.
Take care,
Sgt. Chris Gerard
Government Relations Section
Executive Operations Division
Michigan State Police
The communication was referred to the Clerk.
Announcements by the Clerk
January 25, 2021
Received from the Auditor General a copy of the:
· Report on Internal Control, Compliance, and Other Matters for the State Sponsored Group Insurance Fund Fiscal Year Ended September 30, 2020. (071-0143-21)
Gary L. Randall
By unanimous consent the House returned to the order of
Messages from the Governor
The following message from the Governor was received January 14, 2021 and read:
EXECUTIVE ORDER
No. 2021-1
Michigan Council for Rehabilitation Services
Department of Labor and Economic Opportunity
Executive Reorganization
The Michigan Council for Rehabilitation Services was created by Executive Order 2012-10(V). The composition of the Council is governed by federal law, which includes the requirement that the Council include at least one representative of the state’s workforce development board. 29 U.S.C § 725(b)(1)(B)(xii). In 2012, when the Michigan Council for Rehabilitation Services was formed, the Talent Investment Board served as Michigan’s workforce development board. Therefore, the order establishing the Michigan Council for Rehabilitation Services required that its membership include a representative from the Talent Investment Board. EO 2012-10(V)(B)(1)(g).
In 2018, the workforce development board designation was transferred to the Future Talent Council when the Talent Investment Board was renamed. EO 2018-13(I)(A). An executive order was later issued specifying that the membership of the Michigan Council for Rehabilitation Services must include a representative of the Future Talent Council. EO 2019-3(6)(a)(3). In 2020, the workforce development board designation was again transferred, now to the Michigan Workforce Development Board. EO 2020-107(1)(a). When the Workforce Development Board was created, the establishing order did not update the requirements regarding the Michigan Council for Rehabilitation Services.
This order updates the membership requirements for the Michigan Council for Rehabilitation Services to include one representative of the Michigan Workforce Development Board, as required by federal law.
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 under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. The Michigan Council for Rehabilitation Services must include as a member one individual representing the Workforce Development Board, as created by EO 2020-107.
2. EO 2019-13, section 6.a.3, is rescinded.
Date: January 14, 2021
[SEAL] GRETCHEN WHITMER
GOVERNOR
By the Governor:
Jocelyn Benson
SECRETARY OF STATE
The message was referred to the Clerk.
Introduction of Bills
House Bill No. 4003, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 227 (MCL 750.227), as amended by 1986 PA 8.
The
bill was read a first time by its title and referred to the Committee on
Military, Veterans and Homeland Security.
House Bill No. 4004, entitled
A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending the title and sections 2, 11, 13, 15, 17, 19, 22, 31, 32, 33, 34, 35, 36, 45, 48, and 53 (MCL 487.2122, 487.2131, 487.2133, 487.2135, 487.2137, 487.2139, 487.2142, 487.2151, 487.2152, 487.2153, 487.2154, 487.2155, 487.2156, 487.2165, 487.2168, and 487.2173), section 2 as amended by 2016 PA 140 and section 35 as amended by 2016 PA 141, and by adding sections 24, 31a, and 32a.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
House Bill No. 4005, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 12, 14, 17, 19, 20, 20a, and 22 (MCL 431.302, 431.312, 431.314, 431.317, 431.319, 431.320, 431.320a, and 431.322), sections 2, 12, and 14 as amended by 2016 PA 271 and sections 17, 19, 20, and 22 as amended and section 20a as added by 2019 PA 153; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
House Bill No. 4006, 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 1, 5b, and 5o (MCL 28.421, 28.425b, and 28.425o), as amended by 2017 PA 95.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4007, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 528b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4008, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5113 (MCL 333.5113), as amended by 1988 PA 491.
The bill was read a first time by its title and referred to the Committee on Health Policy.
House Bill No. 4009, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2006 PA 655.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4010, 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 section 5o (MCL 28.425o), as amended by 2017 PA 95.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 4011, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 4012, 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 1, 5b, and 5o (MCL 28.421, 28.425b, and 28.425o), as amended by 2017 PA 95.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 4013, 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 5a and 5b (MCL 28.425a and 28.425b), as amended by 2017 PA 95.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 4014, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2016 PA 447.
The
bill was read a first time by its title and referred to the Committee on
Transportation.
House Bill No. 4015, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2020 PA 296, and by adding section 3m.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
House Bill No. 4016, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320d (MCL 257.320d), as amended by 2012 PA 498.
The bill was read a first time by its title and referred to the Committee on Transportation.
House Bill No. 4017, entitled
A bill to amend 1905 PA 110, entitled “An act to authorize townships, cities, and villages to appropriate money to defray the expenses of the proper observance of armistice, independence, and memorial or decoration day or a diamond jubilee or centennial,” by amending the title and section 1 (MCL 123.851).
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
House Bill No. 4018, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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.
House Bill No. 4019, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; 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.
House Bill No. 4020, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; 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.
House Bill No. 4021, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; 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.
House Bill No. 4022, entitled
A bill to amend 2016 PA 370, entitled “Electronic open access to government act,” by amending section 1 (MCL 15.451).
The
bill was read a first time by its title and referred to the Committee on
Oversight.
House Bill No. 4023, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234d (MCL 750.234d), as amended by 1994 PA 158.
The bill was read a first time by its title and referred to the Committee on Government Operations.
House Bill No. 4024, 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 section 5o (MCL 28.425o), as amended by 2017 PA 95.
The bill was read a first time by its title and referred to the Committee on Government Operations.
House Joint Resolution B, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV, to provide for the end of the legislative session at certain times in certain years.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
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The Speaker called the Speaker Pro Tempore to the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
The Speaker laid before the House
House Resolution No. 8.
A resolution to urge Congress to enact legislation to classify domestic terrorism as a federal crime to provide the Federal Bureau of Investigation and the Department of Homeland Security with more tools to combat these types of crimes.
(The resolution was introduced and postponed for the day on January 13, see House Journal No. 1, p. 28.)
The question being on the adoption of the resolution,
The motion prevailed.
The Speaker laid before the House
House Resolution No. 9.
A resolution to
declare January 15, 2021, as Alpha Kappa Alpha Sorority, Incorporated Founders’
Day in the state of Michigan.
(The resolution was introduced and postponed for the day on January 13, see House Journal No. 1, p. 29.)
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Camilleri offered the following resolution:
House Resolution No. 10.
A resolution to censure Representative Matt Maddock of the Forty-Fourth House District, State of Michigan.
Whereas, Article IV, Section 16 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings ... Each house shall be the sole judge of the qualifications, elections and returns of its members...
; and
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
All officers, legislative,
executive and judicial, before entering upon the duties of their respective
offices, shall take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the constitution of this state, and that I will faithfully
discharge the duties of the office of .......... according to the best of my
ability. No other oath, affirmation, or any religious test shall be required as
a qualification for any office or public trust.
; and
Whereas, House Rule 74(6) states:
A Member shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office
; and
Whereas, House Rule 74(7) states:
A Member shall not engage in any conduct that materially impairs the ability of the Member to perform the duties of his or her office or substantially impair the public confidence in the House.
; and
Whereas, Representative Matt Maddock has engaged in a pattern of misconduct that has undermined the public’s confidence in him, in the House, and in Michigan’s electoral process and democratic institutions in violation of his Oath of Office and the Standing Rules of the House of Representatives; and
Whereas, Representative Matt Maddock has participated in frivolous legal proceedings seeking to undermine Michigan’s election laws, duly enacted by the Michigan Legislature, and to subvert the manifest will of the citizens of Michigan as expressed in the 2020 general election; and
Whereas, Representative Matt Maddock repeatedly fomented armed intimidation and threats of political violence against legislators, legislative staff, other elected officials, and the citizens of the state of Michigan in violation of his Oath of Office and the Standing Rules of the House of Representatives; and
Whereas, Representative Matt Maddock was present for, and assisted in organizing Michiganders to participate in, the seditious insurrection that took place in Washington, D.C., on January 6, 2021, during the counting of electoral votes; and
Whereas, Representative Matt Maddock’s actions have drawn national attention and disrepute to the state of Michigan, the Michigan Legislature, and the Michigan House of Representatives, shaking the public trust and confidence in this legislative body, in Michigan’s electoral process, and in our democratic institutions; and striking the honor, dignity, and integrity of this body; and
Whereas, Public trust and confidence in the legislature, the electoral process, and democratic institutions are prerequisites to the functioning of a democratic society; now, therefore, be it
Resolved by the House of
Representatives, That Representative Matt Maddock of the Forty-Fourth House
District, State of Michigan, has conducted acts inconsistent with the trust and
duties of a state representative. He has endangered his colleagues in the
Michigan Legislature, endeavored to delegitimize Michigan’s electoral process,
and done considerable harm to public confidence in state government. He has
failed to maintain the integrity and responsibility of his office and to meet
his solemn obligations to the people of the state of Michigan; and be it
further
Resolved, That in accordance with the above-cited provisions of the Constitution of the State of Michigan of 1963 and the Standing Rules of the House of Representatives, Representative Matt Maddock is hereby censured by the Michigan House of Representatives; and be it further
Resolved, That a copy of this resolution be delivered to Representative Matt Maddock.
The resolution was referred to the Committee on Government Operations.
Rep. Aiyash offered the following resolution:
House Resolution No. 11.
A resolution
to create a House select committee to examine the misconduct of Representative
Matt Maddock of the Forty-Fourth House District, State of Michigan, and
recommend appropriate discipline.
Whereas, House Rule 74(8) states:
A Member shall adhere to these rules and all applicable laws. Any violation of law or these rules by a Member is subject to the House’s plenary authority to reprimand, censure, or expel its Members. A reprimand, censure, or expulsion is in addition to any potential civil or criminal penalties otherwise provided by law.
; and
Whereas, Article IV, Section 16 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
Each house shall be the sole judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected thereto and serving therein, expel a member. The reasons for such expulsion shall be entered in the journal, with the votes and names of the members voting upon the question. No member shall be expelled a second time for the same cause.
; and
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
All officers, legislative,
executive and judicial, before entering upon the duties of their respective
offices, shall take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the constitution of this state, and that I will faithfully
discharge the duties of the office of .......... according to the best of my
ability.
; and
Whereas, House Rule 74(6) states:
A Member shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office.
; and
Whereas, House Rule 74(7) states:
A Member shall not engage in any conduct that materially impairs the ability of the Member to perform the duties of his or her office or substantially impair the public confidence in the House.
; and
Whereas, Public trust and confidence in the legislature, the electoral process, and democratic institutions are prerequisites to the functioning of a democratic society; now, therefore, be it
Resolved by the House of Representatives, That there is created a House select committee to consist of six members, appointed by the Speaker of the House, three members from the House Republican Caucus and three members from the House Democratic Caucus recommended by the House Minority Leader, to examine the misconduct of Representative Matt Maddock of the Forty-Fourth House District, State of Michigan, and recommend appropriate discipline. The House select committee shall report its findings and recommendations to the House of Representatives; and be it further
Resolved, That the House select committee may subpoena witnesses, administer oaths, and examine the books, records, and tapes of any person, partnership, association, or corporation, public or private, involved in the matter properly before the committee; may call upon the services and personnel of any agency of the state and its political subdivisions; and may engage such assistance as it deems necessary; and be it further
Resolved, That the members of the House select committee shall serve without compensation, but shall be entitled to actual and necessary travel and other expenses incurred in the performance of official duties, to be paid from the appropriation to the House of Representatives; and be it further
Resolved, That a copy of this resolution be served on Representative Matt Maddock and that he be given a reasonable opportunity to appear before the House select committee and be represented by counsel.
The resolution
was referred to the Committee on Government Operations.
Reps. Yaroch, Brabec, Breen, Cherry, Haadsma, Sabo, Steckloff and Thanedar offered the following resolution:
House Resolution No. 12.
A resolution to declare January 2021 as Fire Fighter Cancer Awareness Month in the state of Michigan.
Whereas, Fire fighters serve our community by putting our safety above their own, and
Whereas, Fire fighters often work in a toxic environment of smoke, soot and other carcinogens, and
Whereas, According to research, fire fighters have a 9% greater chance of being diagnosed with cancer and a 14% greater chance of dying from cancer than the general population, and
Whereas, Fire fighter occupational cancer is a leading cause of line-of-duty deaths in fire fighters and has reached epidemic levels;
Whereas, Studies have found a direct correlation between the chemical exposures fire fighters experience on the job and their increased risk for cancer, and
Whereas, Forty-nine states and 12 provinces recognize cancer as a presumptive workers’ compensation claim for fire fighters, and
Whereas, Early detection of cancer through routine screening leads to earlier treatment, and better disease outcomes, including improved survival and reduced morbidity; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare January 2021 as Fire Fighter Cancer Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been reproduced and made available electronically on Wednesday, January 13:
House Joint Resolution A
Senate Bill Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Senate Joint Resolutions A B
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, January 26:
Senate Bill Nos. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
______
Rep. Yaroch moved that the House adjourn.
The motion prevailed, the time being 3:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, January 27, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives