STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Tuesday, February 9, 2021.
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 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—present 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—present 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—excused 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—excused
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. Kyra Harris Bolden, from the 35th District, offered the following invocation:
“Eternal God,
You are God of all peoples and we are gathering in the Spirit of unity that You deeply desire among all of Your people. It has been said by one of Your prophets, we are all bound in a single garment of destiny.
So, today, we come to do the work that has been assigned to our hands. Give us the strength, the courage, the compassion and the empathy to do such work, especially on behalf of those whose voices we don’t often hear, whose stories we don’t often see and whose struggles we don’t often sense.
Give us a faith to do this very work, in the spirit of the democratic process, which is always a striving more than a reaching, a climbing more than a landing a pursuit more than an arrival. It is in this work, O God of light, that we beg of Your grace that we might indeed be, ‘we the People’ evidenced in every conversation, every legislation and every representation of our state government.
Protect this house, as we meet and even when we are absent from it. May all who enter these doors, do so, with a mind of peace, reason and charity. Calm the anxious and bring healing to the wounded.
May this place not just be a citadel of legislative conferencing but a place we demonstrate the stability and meaningful collaboration that makes our state pure indeed.
We honor You with gratitude as You guide us as our supreme being knowing that Your vision of unity and peace will be realized by our own commitment to make it so.
With this, we offer ourselves in such a service. Be with us we open this session and long after we conclude our work.
To You be glory and honor.
Amen.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Rabhi moved that Reps. Hope and Whitsett be excused from today’s session.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 4:
House Bill Nos. 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 9:
Senate Bill Nos. 110 111 112 113 114
Reports of Standing Committees
The Committee on Transportation, by Rep. O’Malley, Chair, reported
Senate Bill No. 30, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2083) by adding section 1070a.
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. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, February 9, 2021
Present: Reps. O’Malley, Eisen, Howell, Griffin, LaFave, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bollin, Chair, of the Committee on Elections and Ethics, was received and read:
Meeting held on: Tuesday, February 9, 2021
Present: Reps. Bollin, Calley, Steven Johnson, Filler and Koleszar
Absent: Reps. Wendzel and Whitsett
Excused: Reps. Wendzel and Whitsett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hauck, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, February 9, 2021
Present: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Jones, Yancey, Garza, Witwer and Steenland
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Filler, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, February 9, 2021
Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hornberger, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, February 9, 2021
Present: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone
Notices
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Mr. Clerk:
This letter is to notify you of the following committee changes:
I am removing Representative Gary Eisen from the Committee on
Agriculture.
I am removing Representative Steve Carra from the Committee on Natural Resources and Outdoor Recreation.
I am appointing Representative Gary Eisen to replace Representative Steve Carra on the Committee on Natural Resources.
I am appointing Representative Steve Carra to replace Representative Gary Eisen on the Committee on Agriculture.
Sincerely,
Jason Wentworth, Speaker
Michigan House of Representatives
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI 48909
Dear Mr. Clerk,
Pursuant to Public Act 412 of 1965, I am appointing the following members of the Michigan House of Representatives to the Michigan Law Revision Commission for the term ending December 31, 2022:
Representative Ryan Berman (R)
Representative Kara Hope (D)
Sincerely,
Jason Wentworth
Speaker
Michigan House of Representatives
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI 48909
Dear Mr. Clerk,
Pursuant to Public Act 268 1986, I am appointing the following members of the Michigan House of Representatives to the Michigan Commission on Uniform State Laws for the term ending December 31, 2022:
Representative Andrew Fink (R)
Representative Jim Haadsma (D)
Sincerely,
Jason Wentworth
Speaker
Michigan House of Representatives
Introduction of Bills
Reps. Berman, Bellino, Mueller, Yaroch, Garza, Hertel and Eisen introduced
House Bill No. 4167, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1263a.
The bill was read a first time by its title and referred to the Committee on Education.
House Bill No. 4168, entitled
A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383.
The
bill was read a first time by its title and referred to the Committee on
Elections and Ethics.
House Bill No. 4169, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301 and 61525 (MCL 324.1301 and 324.61525), section 1301 as amended by 2018 PA 451 and section 61525 as amended by 2004 PA 325.
The bill was read a first time by its title and referred to the Committee on Energy.
House Bill No. 4170, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3109 and 3115 (MCL 324.3109 and 324.3115), section 3109 as amended by 2014 PA 536 and section 3115 as amended by 2004 PA 143.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
House Bill No. 4171, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515.
The bill was read a first time by its title and referred to the Committee on Insurance.
House Bill No. 4172, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Hope, Scott, O’Neal, Slagh, Bezotte, Stone, Brixie, Breen and Anthony introduced
House Bill No. 4173, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4174, entitled
A bill to create the justice data collection and reporting system; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4175, entitled
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.
The bill was read a first time by its title and referred to the Committee on Workforce, Trades, and Talent.
House Bill No. 4176, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.
The bill was read a first time by its title and referred to the Committee on Workforce, Trades, and Talent.
House Bill No. 4177, entitled
A bill to amend 2018 PA 338, entitled “Paid medical leave act,” by amending the title and sections 1, 2, 3, 4, 5, 7, 8, 10, 11, and 14 (MCL 408.961, 408.962, 408.963, 408.964, 408.965, 408.967, 408.968, 408.970, 408.971, and 408.974), as amended by 2018 PA 369, and by adding sections 5b, 8b, and 12b.
The bill was read a first time by its title and referred to the Committee on Commerce and Tourism.
Reps. Clemente, Neeley, Cherry, Aiyash, Sowerby and Hood introduced
House Bill No. 4178, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651), as amended by 2012 PA 390.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Sneller, Neeley, Cherry, Aiyash and Sowerby introduced
House Bill No. 4179, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 642 (MCL 257.642), 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. 4180, entitled
A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” by amending section 7 (MCL 554.607).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
House Bill No. 4181, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 5740.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4182, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2016 PA 191.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4183, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 132 (MCL 125.532), as amended by 2000 PA 479.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
House Bill No. 4184, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8512 (MCL 600.8512), as amended by 2014 PA 384.
The
bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4185, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44a (MCL 211.44a), as amended by 2012 PA 184.
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
House Bill No. 4186, entitled
A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2018 PA 610.
The bill was read a first time by its title and referred to the Committee on Agriculture.
House Bill No. 4187, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 48703 and 48711 (MCL 324.48703 and 324.48711), as amended by 2018 PA 529.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
House Bill No. 4188, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41, 59, and 84b (MCL 38.1341, 38.1359, and 38.1384b), section 41 as amended by 2018 PA 512, section 59 as amended by 2012 PA 359, and section 84b as amended by 2018 PA 169.
The bill was read a first time by its title and referred to the Committee on Appropriations.
House Bill No. 4189, 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.
By unanimous consent the House returned to the order of
Reps. Steven Johnson, Markkanen, Beson, Martin, Maddock, LaFave, Carra and Bellino offered the following resolution:
House Resolution No. 30.
A resolution to encourage the National Park Service to establish a moose tag lottery hunt to assist in controlling the moose population on Isle Royale.
Whereas, Isle Royale National Park in Michigan is home to an exploding population of moose. The Michigan Technological University Wolf Study 2018-2019 Annual Report estimates moose have increased sharply from a population of 515 in 2011 to 2,060 in 2019, an average growth rate greater than 19 percent annually; and
Whereas, Issues with the moose-to-wolf ratio over the last several decades have now reached a tipping point, with a current population of only 12 to 14 wolves on Isle Royale as of March 2020. Wolves are the only natural predator of moose on Isle Royale but the diminishing wolf population have not contained the moose population in recent years; and
Whereas, The increased and
unsustainable moose population on Isle Royale has created an ongoing ecological
dilemma as the moose feed on the park’s balsam fir trees and other vegetation.
The rapidly expanding moose herd will devastate these slow-growing trees and
could eliminate them from Isle Royale. In turn, over foraging by the moose
population has reduced their food supply, causing moose to starve to death. A
slight decline in the moose population during the winter of 2020 has been
partially attributed to over foraging; and
Whereas, Previous attempts to introduce additional wolves to balance out the moose-to-wolf ratio have not resulted in a long-term sustainable balance of predator and prey; and
Whereas, A moose tag lottery hunt will benefit Isle Royale National Park and help restore ecological balance among moose, wolves, and vegetation. Approximately forty national parks currently allow some form of hunting as part of their wildlife management practices; and
Whereas, This hunt will provide a unique hunting experience for a number of hunters each year, which in turn will bring increased economic activity to the western Upper Peninsula; now, therefore, be it
Resolved by the House of Representatives, That we encourage the National Park Service to establish a moose tag lottery hunt to assist in controlling the moose population on Isle Royale; and be it further
Resolved, That copies of this resolution be transmitted to the Director of the National Park Service, the members of the Michigan congressional delegation, the Director of the Michigan Department of Natural Resources, and the Governor of Michigan.
The resolution was referred to the Committee on Natural Resources and Outdoor Recreation.
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Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
______
Rep. Wendzel moved that the House adjourn.
The motion prevailed, the time being 2:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, February 10, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives