STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Tuesday, November 9, 2021.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Lightner.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Aiyash—present Damoose—present Kuppa—present Rogers—present
Albert—present Eisen—present LaFave—present Roth—present
Alexander—present Ellison—present LaGrand—present Sabo—present
Allor—present Farrington—present Lasinski—present Scott—present
Anthony—present Filler—present Liberati—present Shannon—present
Beeler—present Fink—present Lightner—present Slagh—present
Bellino—present Frederick—present Lilly—present Sneller—present
Berman—present Garza—present Maddock—present Sowerby—present
Beson—present Glenn—present Manoogian—present Steckloff—present
Bezotte—present Green—present Marino—excused Steenland—present
Bolden—present Griffin—present Markkanen—present Stone—present
Bollin—present Haadsma—excused Martin—present Tate—present
Borton—present Hall—present Meerman—present Thanedar—present
Brabec—present Hammoud—present Morse—present Tisdel—present
Brann—present Hauck—present Mueller—present VanSingel—present
Breen—present Hertel—present Neeley—present VanWoerkom—present
Brixie—present Hoitenga—present O’Malley—present Wakeman—present
Calley—present Hood—present O’Neal—present Weiss—present
Cambensy—present Hope—present Outman—present Wendzel—present
Camilleri—present Hornberger—present Paquette—present Wentworth—present
Carra—present Howell—present Peterson—present Whiteford—present
Carter, B—present Huizenga—present Pohutsky—present Whitsett—present
Carter, T—present Johnson, C—present Posthumus—present Witwer—present
Cavanagh—present Johnson, S—present Puri—present Wozniak—present
Cherry—excused Jones—excused Rabhi—present Yancey—present
Clemente—present Kahle—present Reilly—excused Yaroch—present
Clements—present Koleszar—present Rendon—present Young—present
Coleman—present
e/d/s = entered during session
Rep. Thomas A. Albert, from the 86th District, offered the following invocation:
“In the name of Father, Son and Holy Spirit.
Remember, O most gracious Virgin Mary, that never was it known that anyone who fled to Thy protection, implored Thy help, or sought Thine intercession was left unaided. Inspired by this confidence, I fly unto Thee, O Virgin of virgins, my mother; to Thee do I come, before Thee I stand, sinful and sorrowful. O Mother of the Word Incarnate, despise not my petitions, but in Thy mercy hear and answer me.
PATER NOSTER, qui es in caelis, sanctificetur nomen tuum. Adveniat regnum tuum. Fiat voluntas tua, sicut in caelo et in terra. Panem nostrum quotidianum da nobis hodie, et dimitte nobis debita nostra sicut et nos dimittimus debitoribus nostris. Et ne nos inducas in tentationem, sed libera nos a malo. Amen.
In nomine Patris, et Filii, et Spiritus Sancti. Amen.”
______
The Speaker Pro Tempore assumed the Chair.
______
Rep. Rabhi moved that Reps. Cherry, Haadsma and Jones be excused from today’s session.
The motion prevailed.
Rep. Frederick moved that Reps. Marino and Reilly be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 157.
A resolution to urge the members of Congress to take action to mitigate the depletion of the Social Security and Medicare Trust Funds.
(For text of resolution, see House Journal No. 72, p. 1401.)
(The resolution was reported by the Committee on Families, Children, and Seniors on November 2.)
The question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4778, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 270.
(The bill was received from the Senate on November 2, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 3, see House Journal No. 91, p. 2037.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Aiyash Coleman Kuppa Roth
Albert Damoose LaFave Sabo
Alexander Eisen LaGrand Scott
Allor Ellison Lasinski Shannon
Anthony Farrington Liberati Slagh
Beeler Filler Lightner Sneller
Bellino Fink Lilly Sowerby
Berman Frederick Maddock Steckloff
Beson Garza Manoogian Steenland
Bezotte Glenn Markkanen Stone
Bolden Green Martin Tate
Bollin Griffin Meerman Thanedar
Borton Hall Morse Tisdel
Brabec Hammoud Mueller VanSingel
Brann Hauck Neeley VanWoerkom
Breen Hertel O’Malley Wakeman
Brixie Hoitenga O’Neal Weiss
Calley Hood Outman Wendzel
Cambensy Hope Paquette Wentworth
Camilleri Hornberger Peterson Whiteford
Carra Howell Pohutsky Whitsett
Carter, B Huizenga Posthumus Witwer
Carter, T Johnson, C Puri Wozniak
Cavanagh Johnson, S Rabhi Yancey
Clemente Kahle Rendon Yaroch
Clements Koleszar Rogers Young
Nays—0
In The Chair: Hornberger
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4654, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 5135 and 5135a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Frederick moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 4033, entitled
A bill to amend 1909 PA 17, entitled “An
act to prohibit or limit the access by prisoners and by employees of
correctional facilities to certain weapons and wireless communication devices
and to alcoholic liquor, drugs, medicines, poisons, and controlled substances
in, on, or outside of correctional facilities; to prohibit or limit the
bringing into or onto certain facilities and real property, and the disposition
of, certain weapons, substances, and wireless communication devices; to
prohibit or limit the selling, giving, or furnishing of certain weapons,
substances, and wireless communication devices to prisoners; to prohibit the
control or possession of certain weapons, substances, and wireless
communication devices by prisoners; and to prescribe penalties,” by amending
sections 1a and 3a (MCL 800.281a and 800.283a), section 1a as amended by 1998
PA 514 and section 3a as amended by 2012 PA 255.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 539 Yeas—75
Albert Damoose Johnson, S Roth
Alexander Eisen Kahle Shannon
Allor Farrington Koleszar Slagh
Anthony Filler LaFave Sneller
Beeler Fink LaGrand Steenland
Bellino Frederick Liberati Thanedar
Berman Garza Lightner Tisdel
Beson Glenn Lilly VanSingel
Bezotte Green Maddock VanWoerkom
Bolden Griffin Markkanen Wakeman
Bollin Hall Martin Wendzel
Borton Hammoud Meerman Wentworth
Brann Hauck Mueller Whiteford
Calley Hertel O’Malley Whitsett
Cambensy Hoitenga Outman Witwer
Camilleri Hood Paquette Wozniak
Carra Hornberger Pohutsky Yancey
Clements Howell Posthumus Yaroch
Coleman Huizenga Rendon
Nays—29
Aiyash Ellison Neeley Scott
Brabec Hope O’Neal Sowerby
Breen Johnson, C Peterson Steckloff
Brixie Kuppa Puri Stone
Carter, B Lasinski Rabhi Tate
Carter, T Manoogian Rogers Weiss
Cavanagh Morse Sabo Young
Clemente
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House returned to the consideration of
House Bill No. 4654, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 5135 and 5135a.
(The bill was considered earlier today, see today’s Journal, p. 2081.)
The question being on the passage of the bill,
Roll Call No. 540 Yeas—92
Aiyash Damoose Lasinski Shannon
Albert Eisen Liberati Slagh
Alexander Ellison Lilly Sneller
Anthony Farrington Manoogian Sowerby
Bellino Filler Markkanen Steckloff
Berman Frederick Meerman Steenland
Beson Garza Morse Stone
Bezotte Green Mueller Tate
Bolden Griffin Neeley Thanedar
Borton Hall O’Malley Tisdel
Brabec Hammoud O’Neal VanSingel
Brann Hauck Outman VanWoerkom
Breen Hertel Paquette Wakeman
Brixie Hood Peterson Weiss
Calley Hope Pohutsky Wendzel
Cambensy Howell Posthumus Wentworth
Camilleri Huizenga Puri Whiteford
Carter, B Johnson, C Rabhi Whitsett
Carter, T Kahle Rendon Witwer
Cavanagh Koleszar Rogers Wozniak
Clemente Kuppa Roth Yancey
Clements LaFave Sabo Yaroch
Coleman LaGrand Scott Young
Nays—12
Allor Carra Hoitenga Lightner
Beeler Fink Hornberger Maddock
Bollin Glenn Johnson, S Martin
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4034, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 552b (MCL 750.552b), as added by 1996 PA 232.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 541 Yeas—75
Albert Damoose Johnson, S Roth
Alexander Eisen Kahle Shannon
Allor Farrington Koleszar Slagh
Anthony Filler LaFave Sneller
Beeler Fink LaGrand Steenland
Bellino Frederick Liberati Thanedar
Berman Garza Lightner Tisdel
Beson Glenn Lilly VanSingel
Bezotte Green Maddock VanWoerkom
Bolden Griffin Markkanen Wakeman
Bollin Hall Martin Wendzel
Borton Hammoud Meerman Wentworth
Brann Hauck Mueller Whiteford
Calley Hertel O’Malley Whitsett
Cambensy Hoitenga Outman Witwer
Camilleri Hood Paquette Wozniak
Carra Hornberger Pohutsky Yancey
Clements Howell Posthumus Yaroch
Coleman Huizenga Rendon
Nays—29
Aiyash Ellison Neeley Scott
Brabec Hope O’Neal Sowerby
Breen Johnson, C Peterson Steckloff
Brixie Kuppa Puri Stone
Carter, B Lasinski Rabhi Tate
Carter, T Manoogian Rogers Weiss
Cavanagh Morse Sabo Young
Clemente
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4880, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 542 Yeas—101
Aiyash Damoose LaGrand Sabo
Albert Eisen Lasinski Scott
Alexander Ellison Liberati Shannon
Allor Farrington Lightner Slagh
Anthony Filler Lilly Sneller
Beeler Fink Maddock Sowerby
Bellino Frederick Manoogian Steckloff
Berman Garza Markkanen Steenland
Beson Glenn Martin Stone
Bezotte Green Meerman Tate
Bolden Griffin Morse Thanedar
Bollin Hall Mueller Tisdel
Borton Hammoud Neeley VanSingel
Brabec Hauck O’Malley VanWoerkom
Brann Hertel O’Neal Wakeman
Breen Hood Outman Weiss
Brixie Hope Paquette Wendzel
Calley Hornberger Peterson Wentworth
Cambensy Howell Pohutsky Whiteford
Camilleri Huizenga Posthumus Whitsett
Carter, B Johnson, C Puri Witwer
Carter, T Kahle Rabhi Wozniak
Cavanagh Koleszar Rendon Yancey
Clemente Kuppa Rogers Yaroch
Clements LaFave Roth Young
Coleman
Nays—3
Carra Hoitenga Johnson, S
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Calley moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Lightner to the Chair.
Second Reading of Bills
Senate Bill No. 145, entitled
A bill to create the Michigan first-time home buyer savings program; to provide for first-time home buyer savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax deductions; and to provide for penalties and remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Hall moved to substitute (H-4) the bill.
Rep. Calley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4853, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16213, 20175, 20175a, and 20199 (MCL 333.16213, 333.20175, 333.20175a, and 333.20199), sections 16213 and 20175a as added and section 20175 as amended by 2006 PA 481, and by adding sections 16213a, 16429, 17029, 17529, 17829, 17909, and 20175b.
The bill was read a second time.
Rep. Whiteford moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA 583.
The bill was read a second time.
Rep. Hauck moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4857, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2020 PA 232.
The bill was read a second time.
Rep. Glenn moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4858, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2020 PA 233.
The bill was read a second time.
Rep. Rendon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5291, 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,” (MCL 247.651 to 247.675) by adding sections 9d and 10s.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. O’Malley moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 521a (MCL 436.1521a), as amended by 2014 PA 270.
The bill was read a second time.
Rep. Bolden moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5090, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 551 (MCL 436.1551), as added by 2020 PA 124.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Clements moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4703, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50b (MCL 750.50b), as amended by 2018 PA 452.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wozniak moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4704, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50 (MCL 750.50), as amended by 2019 PA 135.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wozniak moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5447, entitled
A bill to amend 1929 PA 269, entitled “An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems; to provide penalties for the violation thereof; and to repeal Act No. 255 of the Public Acts of 1909,” by amending section 1 (MCL 430.51).
The bill was read a second time.
Rep. Tate moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5448, entitled
A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 171 (MCL 450.171), as amended by 2006 PA 420.
The bill was read a second time.
Rep. Hornberger moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3m (MCL 445.903m), as added by 2021 PA 46.
The bill was read a second time.
Rep. Calley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4833, entitled
A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of that specific tax; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide penalties.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Municipal Finance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ellison moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4834, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Municipal Finance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tisdel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Messages from the Governor
The following veto message from the Governor was received and read:
Executive Office, Lansing, November 5, 2021
Michigan House of Representatives
State Capitol Building
Lansing, MI 48909-7514
Representatives,
I am deeply committed to putting Michigan students and parents first and am proud of what we have achieved for Michigan children. Together, we have improved opportunities and outcomes for more than 1.4 million kids across Michigan by:
• expanding the Great Start Readiness Program to serve more than 17,000 additional four year-olds;
• making more than 105,000 more Michigan children eligible for low- or no-cost child care; and,
• making the largest educational investment in our state’s history three years in a row – tripling the number of literacy coaches, hiring more counselors, providing MI Classroom Heroes grants to 138,000 teachers, and finally closing the nearly three decades-long funding gap.
And we did it all without raising taxes one dime.
Proponents say House Bills 5404 and 5405 promote philanthropy, but any Michigander can already donate money to an educational nonprofit and receive a write-off on their taxes. This legislation would require Michigan taxpayers to foot the bill for any money a person gives to certain private education organizations, costing as much as $500 million in 2022 alone. Simply put, our schools cannot provide the high-quality education our kids deserve if we turn private schools into tax shelters for the wealthy.
The movement to privatize education in this state has been a catastrophic failure, causing Michigan students to fall behind the rest of the nation. As a result of this movement, Michigan now has by far the largest proportion of for-profit charters in the country yet was one of only five states where reading attainment actually declined between 2003 and 2018. Redirecting public school dollars for private gain is not only ineffective, it has been roundly rejected by Michigan voters, with more than 69% voting “no” on a proposal that would have allowed the use of tuition vouchers for nonpublic schools. Since I was elected governor, I have consistently put students and parents first and we have begun to reverse decades of disinvestment in public education. I am vetoing Enrolled House Bills 5404 and 5405 because they would undo much of that good work.
Nevertheless, I would be proud to support common sense bills that help all families access high-quality education and child care, including legislation:
• fixing the third-grade reading law to eliminate punitive retention requirements;
• giving child care providers more flexibility so that they can serve more children; and,
• preventing disruption in student learning by allowing students to move seamlessly between in-person instruction and virtual school.
I am willing to work with anyone who shares these goals to get things done for Michigan students and parents.
Sincerely,
Gretchen Whitmer
Governor
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Rep. Calley moved that the bill be re-referred to the Committee on Education.
The motion prevailed.
The following veto message from the Governor was received and read:
Executive Office, Lansing, November 5, 2021
Michigan House of Representatives
State Capitol Building
Lansing, MI 48909-7514
Representatives,
I am deeply committed to putting Michigan students and parents first and am proud of what we have achieved for Michigan children. Together, we have improved opportunities and outcomes for more than 1.4 million kids across Michigan by:
• expanding the Great Start Readiness Program to serve more than 17,000 additional four year-olds;
• making more than 105,000 more Michigan children eligible for low- or no-cost child care; and,
• making the largest educational investment in our state’s history three years in a row – tripling the number of literacy coaches, hiring more counselors, providing MI Classroom Heroes grants to 138,000 teachers, and finally closing the nearly three decades-long funding gap.
And we did it all without raising taxes one dime.
Proponents say House Bills 5404 and 5405 promote philanthropy, but any Michigander can already donate money to an educational nonprofit and receive a write-off on their taxes. This legislation would require Michigan taxpayers to foot the bill for any money a person gives to certain private education organizations, costing as much as $500 million in 2022 alone. Simply put, our schools cannot provide the high-quality education our kids deserve if we turn private schools into tax shelters for the wealthy.
The movement to privatize education in this state has been a catastrophic failure, causing Michigan students to fall behind the rest of the nation. As a result of this movement, Michigan now has by far the largest proportion of for-profit charters in the country yet was one of only five states where reading attainment actually declined between 2003 and 2018. Redirecting public school dollars for private gain is not only ineffective, it has been roundly rejected by Michigan voters, with more than 69% voting “no” on a proposal that would have allowed the use of tuition vouchers for nonpublic schools. Since I was elected governor, I have consistently put students and parents first and we have begun to reverse decades of disinvestment in public education. I am vetoing Enrolled House Bills 5404 and 5405 because they would undo much of that good work.
Nevertheless, I would be proud to support common sense bills that help all families access high-quality education and child care, including legislation:
• fixing the third-grade reading law to eliminate punitive retention requirements;
• giving child care providers more flexibility so that they can serve more children; and,
• preventing disruption in student learning by allowing students to move seamlessly between in-person instruction and virtual school.
I am willing to work with anyone who shares these goals to get things done for Michigan students and parents.
Sincerely,
Gretchen Whitmer
Governor
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Rep. Calley moved that the bill be re-referred to the Committee on Education.
The motion prevailed.
The following veto message from the Governor was received and read:
Executive Office, Lansing, November 5, 2021
Michigan House of Representatives
State Capitol Building
Lansing, MI 48909-7514
Representatives,
Today, I am returning Enrolled House Bill 4066 without my approval. This legislation would have prohibited local governments from enacting or enforcing any knife law stricter than state law.
Crime is local. In my view, citizens of Michigan’s cities and towns – not Lansing politicians – should be able to make their own public safety decisions. HB 4066 would deprive them of that power. I am therefore vetoing this legislation.
As a former prosecutor, public safety is a top priority for me. I want Michiganders to feel safe, whether going to and from work, dropping their kids off at school, or running errands. That is why I have put forward a $75 million plan called MI Safe Communities, informed by hundreds of conversations my team and I had with law enforcement officers, community leaders, faith leaders, and families over several months.
MI Safe Communities would use federal funds that we already have to invest more money into Michigan’s police departments to strengthen training policies and programs, tackle the backlog of criminal cases that have piled up during the pandemic, and make investments to tackle the root causes of crime by expanding opportunity and bolstering violence intervention programs.
We all want to reduce crime and ensure families feel safe. I know we can work together to protect public safety, and I look forward making the investments we need to support law enforcement, decrease violence, and deliver justice.
Sincerely,
Gretchen Whitmer
Governor
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
The motion prevailed.
______
Rep. Calley moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, November 4:
House Bill Nos. 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536
The Clerk announced the enrollment printing and presentation to the Governor on Friday, November 5, for her approval of the following bills:
Enrolled House Bill No. 4059 at 1:33 p.m.
Enrolled House Bill No. 4117 at 1:35 p.m.
Enrolled House Bill No. 4281 at 1:37 p.m.
Enrolled House Bill No. 4501 at 1:39 p.m.
Reports of Standing Committees
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4084, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 8905a (MCL 324.8905a), as amended by 2014 PA 549.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of
Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Filler, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, November 9, 2021
Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4670, entitled
A bill to amend 1893 PA 118, entitled “An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith,” (MCL 800.33 to 800.61) by adding section 33a.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lilly, Calley, Damoose, Posthumus, Anthony and Hertel
Nays: Reps. Clements and Wendzel
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4671, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33, 33c, 34, and 35 (MCL 791.233, 791.233c, 791.234, and 791.235), sections 33 and 34 as amended by 2019 PA 14, section 33c as added by 1994 PA 217, and section 35 as amended by 2019 PA 13.
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. Lilly, Calley, Damoose, Posthumus, Anthony and Hertel
Nays: Reps. Clements and Wendzel
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4672, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2012 PA 319.
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. Lilly, Calley, Damoose, Posthumus, Anthony and Hertel
Nays: Reps.
Clements and Wendzel
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4673, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 13 and 41 (MCL 780.763 and 780.791), section 41 as amended by 2000 PA 503.
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. Lilly, Calley, Damoose, Posthumus, Anthony and Hertel
Nays: Reps. Clements and Wendzel
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4674, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending sections 1, 4, 9, 11, and 15 (MCL 18.351, 18.354, 18.359, 18.361, and 18.365), sections 1, 9, and 15 as amended by 1996 PA 519, section 4 as amended by 2008 PA 390, section 11 as amended by 2010 PA 282.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lilly, Clements, Calley, Wendzel, Damoose, Posthumus, Anthony, Hertel, Sneller and Kuppa
Nays: None
The Committee on Rules and Competitiveness, by Rep. Lilly, Chair, reported
House Bill No. 4675, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending sections 1, 5, 10, and 11 (MCL 18.351, 18.355, 18.360, and 18.361), section 1 as amended by 1996 PA 519, sections 5 and 10 as amended by 2008 PA 390, and section 11 as amended by 2010 PA 282.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lilly, Clements, Calley, Wendzel, Damoose, Posthumus, Anthony, Hertel, Sneller and Kuppa
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lilly, Chair, of the Committee on Rules and Competitiveness, was received and read:
Meeting held on: Tuesday, November 9, 2021
Present: Reps. Lilly, Clements, Calley, Wendzel,
Damoose, Posthumus, Anthony, Hertel, Sneller and Kuppa
The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported
House Bill No. 5295, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 904 (MCL 450.4904), as amended by 2013 PA 131.
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. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young
Nays: None
The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported
House Bill No. 5296, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 284 (MCL 450.1284), as amended by 2013 PA 132.
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. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young
Nays: None
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, November 9, 2021
Present: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young
The Committee on Transportation, by Rep. O’Malley, Chair, reported
House Bill No. 4983, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 2009 PA 57 and section 710e as amended by 2016 PA 460.
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, Roth, Sneller, Clemente, Shannon, Liberati and Puri
Nays: Reps. LaFave and Carra
The Committee on Transportation, by Rep. O’Malley, Chair, reported
House Bill No. 4984, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2020 PA 382.
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, Roth, Sneller, Clemente, Shannon, Liberati and Puri
Nays: Reps. LaFave and Carra
The Committee on Transportation, by Rep. O’Malley, Chair, reported
House Bill No. 5370, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 649a.
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, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri
Nays: Rep. LaFave
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, November 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, November 9, 2021
Present: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett
Notices
Pursuant to Rule 41, the Speaker has made the following referral:
House Bill No. 5532 referred to the Committee on Oversight.
Messages from the Governor
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4700 (Public Act No. 98, I.E.), being
An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2081) by adding section 1090.
(Filed with the Secretary of
State on November 4, 2021, at 2:38 p.m.)
Time: 9:32 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4739 (Public Act No. 99, I.E.), being
An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2092) by adding section 101.
(Filed with the Secretary of State on November 4, 2021, at 2:40 p.m.)
Time: 9:34 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4832 (Public Act No. 100, I.E.), being
An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2091) by adding section 107.
(Filed with the Secretary of State on November 4, 2021, at 2:42 p.m.)
Time: 9:36 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4207 (Public Act No. 101), being
An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 1108 (MCL 339.1108), as amended by 2014 PA 136.
(Filed with the Secretary of State on November 4, 2021, at 2:44 p.m.)
Time: 9:38 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4485 (Public Act No. 102, I.E.), being
An act to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” by amending section 7 (MCL 205.427), as amended by 2016 PA 86.
(Filed with the Secretary of
State on November 4, 2021, at 2:46 p.m.)
Time: 9:40 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4295 (Public Act No. 103, I.E.), being
An act to amend 2016 PA 281, entitled “An act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to allow certain licensees to process, test, or sell industrial hemp; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in certain activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules,” by amending section 402 (MCL 333.27402), as amended by 2018 PA 582.
(Filed with the Secretary of State on November 4, 2021, at 2:48 p.m.)
Time: 9:42 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4364 (Public Act No. 104, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 221 and 310 (MCL 257.221 and 257.310), section 221 as amended by 2020 PA 93 and section 310 as amended by 2020 PA 304.
(Filed with the Secretary of State on November 4, 2021, at 2:50 p.m.)
Time: 9:44 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4365 (Public Act No. 105, I.E.), being
An act to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2020 PA 306.
(Filed with the Secretary of State on November 4, 2021, at 2:52 p.m.)
Time: 9:46 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4366 (Public Act No. 106, I.E.), being
An act to amend 2008 PA 23, entitled “An act to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties,” by amending section 5 (MCL 28.305), as amended by 2020 PA 94.
(Filed with the Secretary of State on November 4, 2021, at 2:54 p.m.)
Time: 1:15 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5267 (Public Act No. 108, I.E.), being
An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending sections 4a and 25 (MCL 205.54a and 205.75), section 4a as amended by 2018 PA 673 and section 25 as amended by 2021 PA 38.
(Filed with the Secretary of State on November 5, 2021, at 2:15 p.m.)
Introduction of Bills
Reps. Stone, Cavanagh, Brenda Carter, Sowerby, Brixie, Thanedar and Kuppa introduced
House Bill No. 5537, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 34c and 35 (MCL 791.234c and 791.235), section 34c as added by 2012 PA 24 and section 35 as amended by 2019 PA 13.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
House Bill No. 5538, 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,” by amending sections 1, 1a, and 2 (MCL 388.851, 388.851a, and 388.852), section 1 as amended by 2004 PA 510 and section 2 as amended by 2002 PA 627.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
House Bill No. 5539, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5521a.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Steven Johnson, Berman, Bollin and Damoose introduced
House Bill No. 5540, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 474.
The
bill was read a first time by its title and referred to the Committee on Tax
Policy.
Reps. Fink and Wozniak introduced
House Bill No. 5541, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 934, and 946 (MCL 600.931, 600.934, and 600.946), section 931 as amended by 2000 PA 86 and section 934 as amended by 2020 PA 369, and by adding section 935.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Clemente moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
GARY L. RANDALL
Clerk of the House of Representatives