No. 82

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

102nd  Legislature

REGULAR  SESSION  OF  2023

 

 

 

 

House Chamber, Lansing, Tuesday, October 10, 2023.

 

1:30 p.m.

 

The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

Aiyash—present            Dievendorf—present     Markkanen—present     Schriver—present

Alexander—present        Edwards—present         Martin—present            Schuette—present

Andrews—present          Farhat—present            Martus—present           Scott—present

Aragona—present          Filler—present              McFall—present           Shannon—present

Arbit—present               Fink—present               McKinney—present      Skaggs—present

Beeler—present             Fitzgerald—present       Meerman—present        Slagh—present

BeGole—present            Fox—present                Mentzer—present         Smit—present

Beson—present              Friske—present            Miller—present            Snyder—present

Bezotte—present            Glanville—present        Morgan—present          St. Germaine—present

Bierlein—present           Grant—present             Morse—present            Steckloff—present

Bollin—present              Green, P.—present        Mueller—present          Steele—present

Borton—present             Greene, J.—present       Neeley—present           Stone—present

Brabec—present            Haadsma—present        Neyer—present             Tate—present

Breen—present              Hall—present               O’Neal—present           Thompson—present

Brixie—present              Harris—present            Outman—present          Tisdel—present

Bruck—present              Hill—present                Paiz—present               Tsernoglou—present

Byrnes—present            Hoadley—present         Paquette—present         VanderWall—present

Carra—present               Hood—present             Pohutsky—present        VanWoerkom—present

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

Carter, T.—present         Hoskins—present          Prestin—present           Weiss—present

Cavitt—present              Johnsen—present          Price—present              Wendzel—present

Churches—present         Koleszar—present         Puri—present               Whitsett—present

Coffia—present             Kuhn—present             Rheingans—present      Wilson—present

Coleman—present          Kunse—present            Rigas—present             Witwer—present

Conlin—present             Liberati—present          Rogers—present           Wozniak—present

DeBoer—present           Lightner—present         Roth—present              Young—present

DeBoyer—present          MacDonell—present     Schmaltz—present        Zorn—present

DeSana—present           Maddock—present                                           

 

e/d/s = entered during session

Rep. Dylan Wegela, from the 26th District, offered the following invocation:

 

“Let us recognize the honor and privilege of our roles and the weight of the decisions that we have to make.

Shall we have the courage to make decisions guided by conscience and not by our egos.

May we always remember that through all of the noise, the chatter of the mind, and the constant demand for our attention, we can never go wrong with conscience.

For it is when we are aware, that we are understanding, compassionate, and kind.

It is when we lead with the mind that unawareness creeps in. When we get stuck, thinking about the past or future, our worries, and our fears.

These are the moments when we think instead of listen. This clouds our decisions, and It is through presence that the fog clears.

May we have the courage to be present and honest with each other, and with our constituents.

May we have the strength to see past our labels and titles and know that we are more connected than separated.

May we do the people’s work in the people’s house.”

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Reports of Standing Committees

 

 

The Committee on Regulatory Reform, by Rep. Tyrone Carter, Chair, reported

House Bill No. 4048, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 25 (MCL 432.25), as amended by 1998 PA 465.

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. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Filler, Wendzel, Aragona, Bierlein and Neyer

Nays: None

 

 

The Committee on Regulatory Reform, by Rep. Tyrone Carter, Chair, reported

House Bill No. 4965, entitled

A bill to amend 2006 PA 480, entitled “Uniform video services local franchise act,” by amending section 1 (MCL 484.3301).

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. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Filler, Wendzel, Aragona and Bierlein

Nays: None

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Tyrone Carter, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, October 10, 2023

Present: Reps. Tyrone Carter, Liberati, Neeley, Scott, Young, Grant, McFall, Snyder, Wilson, Mueller, Filler, Wendzel, Aragona, Bierlein and Neyer

 

 

Messages from the Senate

 

 

The Senate requested the return of

House Bill No. 4341, entitled

A bill to create a program to assist certain child care centers and schools with the acquisition, installation, and maintenance of certain filtered water stations and faucets; to provide for the sampling and testing of water from certain water outlets; to create certain funds; and to provide for the duties of certain state departments and officers.

(The bill was received from the Senate on October 5, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 81, p. 1915.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

 

Rep. Aiyash moved that the request of the Senate be granted.

The motion prevailed.

 

 

Second Reading of Bills

 

 

House Bill No. 4965, entitled

A bill to amend 2006 PA 480, entitled “Uniform video services local franchise act,” by amending section 1 (MCL 484.3301).

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 5021, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 81d (MCL 38.1381d), as amended by 2017 PA 92.

The bill was read a second time.

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

The motion prevailed.

 

 

Third Reading of Bills

 

 

House Bill No. 4647, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1113 (MCL 339.1113), as amended by 1984 PA 25.

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

 

 

Roll Call No. 343                                    Yeas—60

 

 

Aiyash                              Edwards                  Martus                                   Scott

Andrews                           Farhat                      McFall                                   Shannon

Arbit                                 Filler                        McKinney                              Skaggs

Brabec                               Fitzgerald                 Mentzer                                 Slagh

Breen                                Glanville                  Miller                                     Snyder

Brixie                                Grant                       Morgan                                  Steckloff

Byrnes                              Green, P.                  Morse                                    Stone

Carter, B.                           Haadsma                 Mueller                                  Tate

Carter, T.                           Hill                          Neeley                                   Tsernoglou

Churches                           Hood                       O’Neal                                   Wegela

Coffia                                Hope                       Pohutsky                                Weiss

Coleman                            Hoskins                   Price                                      Whitsett

Conlin                               Koleszar                  Puri                                        Wilson

DeBoer                              Liberati                    Rheingans                              Witwer

Dievendorf                        MacDonell               Rogers                                   Young

 

 

                                                              Nays—50

 

 

Alexander                          DeSana                    Markkanen                             Schriver

Aragona                            Fink                         Martin                                    Schuette

Beeler                                Fox                          Meerman                               Smit

BeGole                              Friske                      Neyer                                     St. Germaine

Beson                                Greene, J.                 Outman                                  Steele

Bezotte                              Hall                         Paiz                                        Thompson

Bierlein                             Harris                      Paquette                                 Tisdel

Bollin                                Hoadley                   Posthumus                             VanderWall

Borton                               Johnsen                   Prestin                                   VanWoerkom

Bruck                                Kuhn                       Rigas                                      Wendzel

Carra                                 Kunse                      Roth                                       Wozniak

Cavitt                                Lightner                   Schmaltz                                Zorn

DeBoyer                            Maddock                                                              

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 4438, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 2 (MCL 423.232), as amended by 2011 PA 116.

(The bill was received from the Senate on October 4, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 5, see House Journal No. 80, p. 1899.)

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:

 

 

Roll Call No. 344                                    Yeas—94

 

 

Aiyash                              Fink                         McFall                                   Scott

Andrews                           Fitzgerald                 McKinney                              Shannon

Aragona                            Fox                          Mentzer                                 Skaggs

Arbit                                 Glanville                  Miller                                     Snyder

BeGole                              Grant                       Morgan                                  St. Germaine

Beson                                Green, P.                  Morse                                    Steckloff

Bezotte                              Greene, J.                 Mueller                                  Steele

Borton                               Haadsma                 Neeley                                   Stone

Brabec                               Hall                         Neyer                                     Tate

Breen                                Harris                      O’Neal                                   Thompson

Brixie                                Hill                          Outman                                  Tisdel

Bruck                                Hood                       Paiz                                        Tsernoglou

Byrnes                              Hope                       Paquette                                 VanderWall

Carter, B.                           Hoskins                   Pohutsky                                VanWoerkom

Carter, T.                           Johnsen                   Posthumus                             Wegela

Cavitt                                Koleszar                  Prestin                                   Weiss

Churches                           Kuhn                       Price                                      Wendzel

Coffia                                Kunse                      Puri                                        Whitsett

Coleman                            Liberati                    Rheingans                              Wilson

Conlin                               Lightner                   Rogers                                   Witwer

Dievendorf                        MacDonell               Roth                                       Wozniak

Edwards                            Markkanen              Schmaltz                                Young

Farhat                                Martin                     Schuette                                 Zorn

Filler                                 Martus                                                                  

 

 

                                                              Nays—16

 

 

Alexander                          Carra                       Friske                                    Rigas

Beeler                                DeBoer                    Hoadley                                 Schriver

Bierlein                             DeBoyer                  Maddock                                Slagh

Bollin                                DeSana                    Meerman                               Smit

 

 

In The Chair: Pohutsky

 

 

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

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, October 5:

House Bill Nos.     5096   5097   5098   5099  5100   5101   5102   5103   5104  5105   5106  5107

Senate Bill Nos.      563    564    565    566    567    568

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 9, for her approval of the following bills:

Enrolled House Bill No. 4352 at 11:33 a.m.

Enrolled House Bill No. 4353 at 11:35 a.m.

 

The Clerk announced that the following Senate bill had been received on Tuesday, October 10:

Senate Bill No.       133

Reports of Standing Committees

 

 

The Committee on Criminal Justice, by Rep. Hope, Chair, reported

House Bill No. 4850, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2020 PA 307.

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. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris and BeGole

Nays: None

 

 

The Committee on Criminal Justice, by Rep. Hope, Chair, reported

House Bill No. 4948, 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,” (MCL 554.601 to 554.616) by amending the title and by adding section 2a.

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. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf and Tsernoglou

Nays: None

 

 

The Committee on Criminal Justice, by Rep. Hope, Chair, reported

House Bill No. 4960, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending section 205a (MCL 37.2205a), as amended by 1999 PA 202.

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. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf and Tsernoglou

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hope, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, October 10, 2023

Present: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris and BeGole

The Committee on Elections, by Rep. Tsernoglou, Chair, reported

House Bill No. 4981, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 191 (MCL 168.191), as amended by 2018 PA 120.

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. Tsernoglou, Hope, Koleszar, Byrnes and Churches

Nays: Rep. Wegela

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, October 10, 2023

Present: Reps. Tsernoglou, Wegela, Hope, Koleszar, Byrnes, Churches, Smit and DeBoyer

 

 

The Committee on Transportation, Mobility and Infrastructure, by Rep. Shannon, Chair, reported

House Bill No. 4028, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2018 PA 274.

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. Shannon, MacDonell, Coleman, Conlin, Farhat, Fitzgerald, Hoskins, Miller, Outman, Roth, Bruck, Kunse and St. Germaine

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Shannon, Chair, of the Committee on Transportation, Mobility and Infrastructure, was received and read:

Meeting held on: Tuesday, October 10, 2023

Present: Reps. Shannon, MacDonell, Coleman, Conlin, Farhat, Fitzgerald, Hoskins, Miller, Outman, Roth, Bruck, Kunse and St. Germaine

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Young, Chair, of the Committee on Families, Children and Seniors, was received and read:

Meeting held on: Tuesday, October 10, 2023

Present: Reps. Young, Coffia, Glanville, Arbit, Edwards, MacDonell, Wozniak, Fox, Johnsen and Thompson

Messages from the Senate

 

 

House Bill No. 4602, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 18c.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4619, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2027 (MCL 500.2027), as amended by 1998 PA 26.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4621, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3403 (MCL 500.3403), as amended by 2016 PA 276.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4622, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4623, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406bb.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4620, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406ii.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

 

 

Messages from the Governor

 

 

Date: October 10, 2023

Time: 10:00 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4752 (Public Act No. 147, I.E.), being

An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 61 (MCL 38.1361), as amended by 2022 PA 184.

(Filed with the Secretary of State on October 10, 2023, at 11:40 a.m.)

 

 

Date: October 10, 2023

Time: 10:02 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4352 (Public Act No. 148, 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 section 642 (MCL 257.642), as amended by 2022 PA 179.

(Filed with the Secretary of State on October 10, 2023, at 11:42 a.m.)

 

 

Date: October 10, 2023

Time: 10:04 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4353 (Public Act No. 149, I.E.), being

An act 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.

(Filed with the Secretary of State on October 10, 2023, at 11:44 a.m.)

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Witwer, Bezotte, Brabec, Glanville, Haadsma, Hill, Hood, Lightner, Paiz, Rheingans, Schuette and Weiss offered the following resolution:

House Resolution No. 145.

A resolution to declare October 9, 2023, as Indigenous Peoples’ Day in the state of Michigan.

Whereas, The state of Michigan understands that in order to help close the equity gap, government entities should change their policies and practices to better reflect and uplift the experiences, culture, history, and contributions of the people they serve; and

Whereas, The state of Michigan recognizes that Columbus Day has been viewed by many as a celebration of our country’s rich immigrant and, in particular, Italian and Catholic heritage; and

Whereas, Recognizing the valuable contributions of immigrants to our history is important, it should not come at the expense of recognizing the experiences of the indigenous people of the American continent; and

Whereas, Michigan honors the twelve federally recognized tribes and many more tribally recognized tribes native to this land and acknowledges the people, land, traditions, and customs stolen by colonial systems through government practices of forced separation, forced assimilation, and forced removal; and

Whereas, The idea of Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas; and

Whereas, In 1990, representatives from 120 Indigenous Nations at the First Continental Conference on 500 Years of Indian Resistance unanimously passed a resolution to transform Columbus Day into an opportunity to reveal historical truths about pre-existing indigenous cultures that have survived a violent colonization process and continue to exist and thrive in present day America; and

Whereas, The United States endorsed the United Declaration on the Rights of Indigenous Peoples on December 16, 2010, and Article 15 of that declaration states “Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories, and aspirations, which shall be appropriately reflected in education and public information. States should take effective measures, in consultation and cooperation with the Indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding, and good relations among Indigenous peoples and all other segments of society”; and

Whereas, The state of Michigan recognizes the presence of the three major groups in our state today, the Three Fires Confederacy, the Ojibwe, Odawa, and Potawatomi, collectively known as the Anishinaabe who have lived upon this land since time immemorial, and values the progress our society has accomplished through Native American thought and culture; and

Whereas, The establishment of Indigenous Peoples’ Day shall be used to reflect upon the ongoing struggles of indigenous peoples on this land and to celebrate the thriving cultures and values that the Anishinaabe of the Great Lakes and other indigenous peoples contribute to society; and

Whereas, Many of our indigenous relatives and Tribal Nations in Michigan have contributed much to our state’s success, history, economy, politics, and cultural heritage, and there are many things to be proud of as an indigenous person in Michigan; and

Whereas, Even the name Michigan is derived from the Anishinaabemowin word michigami meaning “great lake” and there are many other examples of how the Anishinaabe of the Great Lakes have helped shape who we are as the state of Michigan, and

Whereas, The states of Alaska and Michigan, the cities of Seattle, Washington, Berkeley, California, Minneapolis, Minnesota, and many more cities around the country including Traverse City, Ann Arbor, East Lansing, and Alpena in Michigan have voted to rename Columbus Day as Indigenous Peoples’ Day to honor the culture, heritage, and contributions of Native Americans; and

Whereas, On this second Monday of October, we should honor the historic, cultural, and contemporary significance of indigenous peoples and their ancestral lands that also became known as the Americas and celebrate their contributions to communities throughout Michigan, the United States, and all over the world; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 9, 2023, as Indigenous Peoples’ Day in the state of Michigan. We recognize this day in lieu of Columbus Day to uplift our country’s indigenous roots, history, and contributions; and be it further

Resolved, That Indigenous Peoples’ Day shall be used to reflect upon the ongoing struggles of indigenous people on this land and to celebrate the thriving culture and value that Odawa, Ojibwe, Potawatomi, and other indigenous peoples add to communities throughout Michigan and our Great Lakes region.

The question being on the adoption of the resolution,

 

Rep. Witwer moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 145.

A resolution to declare October 9, 2023, as Indigenous Peoples’ Day in the state of Michigan.

Whereas, The state of Michigan understands that in order to help close the equity gap, government entities should change their policies and practices to better reflect and uplift the experiences, culture, history, and contributions of the people they serve; and

Whereas, The state of Michigan recognizes that Columbus Day has been viewed by many as a celebration of our country’s rich immigrant and, in particular, Italian and Catholic heritage; and

Whereas, Recognizing the valuable contributions of immigrants to our history is important, it should not come at the expense of recognizing the experiences of the indigenous people of the American continent; and

Whereas, Michigan honors the twelve federally recognized tribes and many more tribally recognized tribes native to this land and acknowledges the people, land, traditions, and customs stolen by colonial systems through government practices of forced separation, forced assimilation, and forced removal; and

Whereas, The idea of Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas; and

Whereas, In 1990, representatives from 120 Indigenous Nations at the First Continental Conference on 500 Years of Indian Resistance unanimously passed a resolution to transform Columbus Day into an opportunity to reveal historical truths about pre-existing indigenous cultures that have survived a violent colonization process and continue to exist and thrive in present day America; and

Whereas, The United States endorsed the United Declaration on the Rights of Indigenous Peoples on December 16, 2010, and Article 15 of that declaration states “Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories, and aspirations, which shall be appropriately reflected in education and public information. States should take effective measures, in consultation and cooperation with the Indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding, and good relations among Indigenous peoples and all other segments of society”; and

Whereas, The state of Michigan recognizes the presence of the three major groups in our state today, the Three Fires Confederacy, the Ojibwe, Odawa, and Potawatomi, collectively known as the Anishinaabe who have lived upon this land since time immemorial, and values the progress our society has accomplished through Native American thought and culture; and

Whereas, The establishment of Indigenous Peoples’ Day shall be used to reflect upon the ongoing struggles of indigenous peoples on this land and to celebrate the thriving cultures and values that the Anishinaabe of the Great Lakes and other indigenous peoples contribute to society; and

Whereas, Many of our indigenous relatives and Tribal Nations in Michigan have contributed much to our state’s success, history, economy, politics, and cultural heritage, and there are many things to be proud of as an indigenous person in Michigan; and

Whereas, Even the name Michigan is derived from the Anishinaabemowin word michigami meaning “great lake” and there are many other examples of how the Anishinaabe of the Great Lakes have helped shape who we are as the state of Michigan, and

Whereas, The states of Alaska and Michigan, the cities of Seattle, Washington, Berkeley, California, Minneapolis, Minnesota, and many more cities around the country including Traverse City, Ann Arbor, East Lansing, and Alpena in Michigan have voted to rename Columbus Day as Indigenous Peoples’ Day to honor the culture, heritage, and contributions of Native Americans; and

Whereas, On this second Monday of October, we should honor the historic, cultural, and contemporary significance of indigenous peoples and their ancestral lands that also became known as the Americas and celebrate their contributions to communities throughout Michigan, the United States, and all over the world; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 9, 2023, as Indigenous Peoples’ Day in the state of Michigan. We recognize this day to uplift our country’s indigenous roots, history, and contributions; and be it further

Resolved, That Indigenous Peoples’ Day shall be used to reflect upon the ongoing struggles of indigenous people on this land and to celebrate the thriving culture and value that Odawa, Ojibwe, Potawatomi, and other indigenous peoples add to communities throughout Michigan and our Great Lakes region.

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

______

 

 

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

The motion prevailed.

 

 

Messages from the Senate

 

 

Senate Bill No. 133, entitled

A bill to provide for the review and prevention of deaths from drug overdose in this state; to allow for the creation of overdose fatality review teams; to provide for the powers and duties of the overdose fatality review teams; to regulate certain entities; to prescribe powers and duties of certain state and local governmental officers and entities; and to prescribe remedies for a violation of this act.

The Senate has passed the bill.

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

 

 

Introduction of Bills

 

 

Reps. Morgan, Alexander, Martin, Hoskins, Miller, Martus, Cavitt, Markkanen, Wegela, Bierlein, Johnsen, Roth, Borton, Kunse, Brabec, Coffia, Rheingans, Neyer, Byrnes, Snyder, Prestin, Puri, Hoadley, Jaime Greene, Steele, Schmaltz, St. Germaine, Hood, Brixie, Aiyash and Whitsett introduced

House Bill No. 5108, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 47301, 47302, 47303, 47305, 47307, 47308, 47309, 47310, 47311, 47312, 47313, 47314, 47315, 47316, 47317, 47319, 47320, 47321, 47322, 47323, 47324, 47326, 47328, 47329, and 48724 (MCL 324.47301, 324.47302, 324.47303, 324.47305, 324.47307, 324.47308, 324.47309, 324.47310, 324.47311, 324.47312, 324.47313, 324.47314, 324.47315, 324.47316, 324.47317, 324.47319, 324.47320, 324.47321, 324.47322, 324.47323, 324.47324, 324.47326, 324.47328, 324.47329, and 324.48724), sections 47301, 47302, 47305, 47307, 47308, 47310, 47312, 47313, 47314, 47316, 47317, 47319, 47320, 47321, 47322, 47323, 47324, 47326, 47328, 47329, and 48724 as added by 1995 PA 57, section 47303 as amended by 2004 PA 587, and sections 47309, 47311, and 47315 as amended by 2022 PA 34, and by adding sections 47304 and 47363; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. Coleman, Rogers, Hill and MacDonell introduced

House Bill No. 5109, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 47 (MCL 559.147), as amended by 1987 PA 31.

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

 

 

Reps. Wozniak and Bezotte introduced

House Bill No. 5110, entitled

An act to allow certain fiduciaries to convert income trusts to unitrusts, convert express unitrusts to income trusts, and change the percentage or method used to calculate unitrust amounts.

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

Reps. O’Neal, Miller, Rheingans, Edwards, Bezotte, Hood, Alexander, Brenda Carter, Morgan and Zorn introduced

House Bill No. 5111, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

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

 

 

Reps. Zorn, Rigas, Borton, Bezotte, Alexander, Thompson and O’Neal introduced

House Bill No. 5112, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2020 PA 49.

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

 

 

Reps. Young, Brabec, Haadsma, O’Neal, Hood, Dievendorf, Steckloff, Weiss, Byrnes, Miller, Hope, Tyrone Carter, Paiz, Liberati, Coleman, McFall, Neeley, Rheingans, McKinney, Aiyash and Whitsett introduced

House Bill No. 5113, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21525.

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

 

 

Reps. Rheingans, McKinney, Bruck, Hope, Byrnes, Edwards, Hood, MacDonell, Conlin, Dievendorf, Hill, Brabec, Paiz, Meerman, Miller, Brixie, Schmaltz, Beson, Wilson, VanderWall and Whitsett introduced

House Bill No. 5114, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100b, 100c, 281b, 400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o, 517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b, 330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430, 330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o, 330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections 100a and 100b as amended by 2020 PA 402, section 100c as amended by 2020 PA 285, section 281b as added by 2014 PA 200, sections 400 and 420 as amended by 2018 PA 595, sections 423, 425, 427, and 463 as amended by 2016 PA 320, sections 426, 429, and 438 as amended by 2022 PA 214, sections 430, 498o, 700, and 740 as amended by 1995 PA 290, sections 434, 435, 452, and 461 as amended by 2018 PA 593, sections 517 and 532 as amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.

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

 

 

Reps. McKinney, Rheingans, Bruck, Hope, Byrnes, Edwards, Hood, MacDonell, Conlin, Dievendorf, Hill, Brabec, Paiz, Meerman, Miller, Brixie, Schmaltz, Wilson, VanderWall and Whitsett introduced

House Bill No. 5115, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16215 (MCL 333.16215), as amended by 2019 PA 140.

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

 

 

Reps. Miller, Rheingans, Brixie, Morgan, Brabec, Hill, Coffia, Churches, Edwards, MacDonell, Andrews, Byrnes, Dievendorf, Paiz, O’Neal, McKinney, Schmaltz, Wilson, VanderWall and Whitsett introduced

House Bill No. 5116, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17011, 17060, 17072, 17082, 17511, and 18011 (MCL 333.17011, 333.17060, 333.17072, 333.17082, 333.17511, and 333.18011), sections 17011 and 17511 as amended by 2006 PA 398, section 17060 as amended by 2016 PA 379, and section 18011 as amended by 2006 PA 391.

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

Reps. VanderWall, Rheingans, Bruck, Hope, Byrnes, Hood, MacDonell, Conlin, Dievendorf, Brabec, Paiz, Meerman, Miller, Brixie, McKinney, Schmaltz, Beson, Wilson and Whitsett introduced

House Bill No. 5117, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18001 (MCL 333.18001), as amended by 2018 PA 355, and by adding sections 16188, 17011b, 17511b, and 18011b.

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

 

 

Reps. Hood, Rheingans, Morgan, Byrnes and Brixie introduced

House Bill No. 5118, entitled

A bill to amend 2010 PA 270, entitled “Property assessed clean energy act,” (MCL 460.931 to 460.949) by amending the title, by designating section 1 as part 1 and sections 3 to 19 as part 2, and by adding part 3.

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

 

 

Reps. Hood, Rheingans, Morgan, Byrnes and Brixie introduced

House Bill No. 5119, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending section 83 (MCL 460.1083), as amended by 2016 PA 342.

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

 

 

Reps. Aiyash, Puri, Brenda Carter, Pohutsky, Rheingans, Hope, O’Neal, Byrnes, Stone, MacDonell, Tsernoglou, Morse, Breen, Martus, Andrews, Steckloff and Wilson introduced

House Bill No. 5120, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” (MCL 460.1001 to 460.1211) by amending the title and by adding part 8.

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

 

 

Reps. Puri, Aiyash, Brenda Carter, Hope, Pohutsky, Rheingans, O’Neal, Byrnes, Stone, MacDonell, Tsernoglou, Morse, Breen, Martus, Andrews, Steckloff and Wilson introduced

House Bill No. 5121, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2018 PA 366.

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

 

 

Reps. Skaggs, Aiyash, Puri, Brenda Carter, Pohutsky, Rheingans, Hope, O’Neal, Byrnes, Stone, MacDonell, Tsernoglou, Morse, Breen, Martus, Andrews, Steckloff and Wilson introduced

House Bill No. 5122, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” (MCL 460.1001 to 460.1211) by amending the title and by adding part 8.

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

 

 

Reps. Puri, Aiyash, Brenda Carter, Hope, Pohutsky, Rheingans, O’Neal, Byrnes, Stone, MacDonell, Tsernoglou, Morse, Breen, Martus, Andrews and Wilson introduced

House Bill No. 5123, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2018 PA 366.

The bill was read a first time by its title and referred to the Committee on Energy, Communications, and Technology.

Rep. Hope moved that the House adjourn.

The motion prevailed, the time being 4:40 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, October 11, at 1:30 p.m.

 

 

RICHARD J. BROWN

Clerk of the House of Representatives