STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2022
House Chamber, Lansing, Tuesday, February 8, 2022.
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 Coleman—present LaFave—present Rogers—present
Albert—present Damoose—present LaGrand—present Roth—present
Alexander—present Eisen—excused Lasinski—present Sabo—present
Allor—present Ellison—present Liberati—present Scott—present
Anthony—present Farrington—present Lightner—present Shannon—present
Beeler—present Filler—present Lilly—present Slagh—present
Bellino—present Fink—present Maddock—present Sneller—present
Berman—present Frederick—present Manoogian—present Sowerby—present
Beson—present Garza—present Marino—present Steckloff—present
Bezotte—present Glenn—present Markkanen—present Steenland—present
Bolden—present Green—present Martin—present Stone—present
Bollin—present Griffin—present Meerman—present Tate—present
Borton—present Haadsma—present Morse—present Thanedar—present
Brabec—present Hall—present Mueller—present Tisdel—present
Brann—present Hauck—present Neeley—present VanSingel—present
Breen—present Hertel—present O’Malley—present VanWoerkom—present
Brixie—present Hoitenga—present O’Neal—present Wakeman—present
Calley—present Hood—present Outman—present Weiss—present
Cambensy—present Hope—present Paquette—present Wendzel—present
Camilleri—present Hornberger—present Peterson—present Wentworth—present
Carra—present Howell—present Pohutsky—present Whiteford—present
Carter, B—excused Johnson, C—present Posthumus—present Whitsett—present
Carter, T—present Johnson, S—present Puri—present Witwer—present
Cavanagh—present Jones—present Rabhi—present Yancey—present
Cherry—present Kahle—present Reilly—present Yaroch—present
Clemente—present Koleszar—present Rendon—present Young—present
Clements—present Kuppa—present
e/d/s = entered during session
Rep. John N. Damoose, from the 107th District, offered the following invocation:
“I simply cannot think of a more profound prayer for what we are doing than the prayer of St. Francis of Assisi. It is so much a part of the purpose of our government that we have it emblazoned on the walls of this very Capitol. Please join me in prayer:
‘Lord, make me an instrument of Your peace.
Where there is hatred, let me sow love;
where there is injury, pardon;
where there is doubt, faith;
where there is despair, hope;
where there is darkness, light;
and where there is sadness, joy.
O Divine Master, grant that I may not so much seek
to be consoled as to console;
to be understood as to understand;
to be loved as to love.
For it is in giving that we receive;
it is in pardoning that we are pardoned;
and it is in dying that we are born to eternal life.’
We pray this in the name of Jesus.
Amen.”
______
The Speaker Pro Tempore assumed the Chair.
______
Rep. Rabhi moved that Rep. Brenda Carter be excused from today’s session.
The motion prevailed.
Rep. Frederick moved that Rep. Eisen be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Rep. Frederick moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Frederick moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 4410.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Messages from the Senate.
Messages from the Senate
House Bill No. 5523, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The Senate has substituted
(S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Frederick moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Markkanen moved to amend the Senate substitute (S-1) as follows:
1. Amend page 7, line 27, by striking out all of section 227.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Roll Call No. 32 Yeas—98
Aiyash Damoose Lasinski Sabo
Albert Ellison Liberati Scott
Alexander Farrington Lightner Shannon
Allor Filler Lilly Slagh
Anthony Fink Manoogian Sneller
Beeler Frederick Marino Sowerby
Bellino Garza Markkanen Steckloff
Beson Glenn Martin Steenland
Bezotte Green Meerman Stone
Bolden Griffin Morse Tate
Bollin Haadsma Mueller Thanedar
Borton Hall Neeley Tisdel
Brabec Hauck O’Malley VanSingel
Brann Hertel O’Neal VanWoerkom
Breen Hoitenga Outman Wakeman
Brixie Hood Paquette Weiss
Calley Hope Peterson Wendzel
Cambensy Hornberger Pohutsky Wentworth
Camilleri Howell Posthumus Whiteford
Carter, T Johnson, C Puri Whitsett
Cavanagh Jones Rabhi Witwer
Cherry Kahle Rendon Yancey
Clemente Koleszar Rogers Yaroch
Clements Kuppa Roth Young
Coleman LaGrand
Nays—6
Berman Johnson, S Maddock Reilly
Carra LaFave
In The Chair: Hornberger
The Speaker laid before the House
House Bill No. 4410, entitled
A bill to make, supplement,
adjust, and consolidate appropriations for various state departments and
agencies, the judicial branch, and the legislative branch for the fiscal years
ending September 30, 2021 and September 30, 2022; to provide for certain
conditions on appropriations; and to provide for the expenditure of the
appropriations.
(The bill was received from the Senate on June 30, 2021, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 1, 2021, see House Journal No. 63 of 2021, p. 1305; discharged from the Committee on Appropriations on February 8, see today’s journal, p. 106.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Markkanen moved to substitute (H-4) the Senate substitute (S-1).
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Roll Call No. 33 Yeas—104
Aiyash Coleman LaFave Rogers
Albert Damoose LaGrand Roth
Alexander Ellison Lasinski Sabo
Allor Farrington Liberati Scott
Anthony Filler Lightner Shannon
Beeler Fink Lilly Slagh
Bellino Frederick Maddock Sneller
Berman Garza Manoogian Sowerby
Beson Glenn Marino Steckloff
Bezotte Green Markkanen Steenland
Bolden Griffin Martin Stone
Bollin Haadsma Meerman Tate
Borton Hall Morse Thanedar
Brabec Hauck Mueller Tisdel
Brann Hertel Neeley VanSingel
Breen Hoitenga O’Malley VanWoerkom
Brixie Hood O’Neal Wakeman
Calley Hope Outman Weiss
Cambensy Hornberger Paquette Wendzel
Camilleri Howell Peterson Wentworth
Carra Johnson, C Pohutsky Whiteford
Carter, T Johnson, S Posthumus Whitsett
Cavanagh Jones Puri Witwer
Cherry Kahle Rabhi Yancey
Clemente Koleszar Reilly Yaroch
Clements Kuppa Rendon Young
Nays—0
In The Chair: Hornberger
The question being on agreeing to the title of the bill,
Rep. Frederick moved to amend the title to read as follows:
A bill to make, supplement, and adjust appropriations for capital outlay purposes for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The motion prevailed.
The House agreed to the title
as amended.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
Senate Concurrent Resolution No. 7.
A concurrent resolution to urge the Natural Resources Commission to authorize, and the Department of Natural Resources to organize, wolf hunting and trapping as part of the state’s wolf management efforts beginning in 2021.
(For text of concurrent resolution, see House Journal No. 21 of 2021, p. 290.)
(The concurrent resolution was reported by the Committee on Natural Resources and Outdoor Recreation on January 27, with substitute (H-1).)
(For substitute, see House Journal No. 7, p. 72.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Rep. Cavanagh moved that her name be removed as co-sponsor of the concurrent resolution.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Frederick moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Frederick moved that the Committee on Natural Resources and Outdoor Recreation be discharged from further consideration of House Resolution No. 219.
The motion prevailed, a majority of the members serving voting therefor.
The Speaker laid before the House
House Resolution No. 219.
A resolution to urge the Wolf Management Advisory Council and the Natural Resources Commission to authorize, and the Department of Natural Resources to organize, wolf hunting and trapping as part of the state’s wolf management efforts beginning in 2022.
(For text of resolution, see House Journal No. 8, p. 78.)
(The resolution was discharged from the Committee on Natural Resources and Outdoor Recreation on February 8.)
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Bellino, Berman, Beson, Bezotte, Bollin, Damoose, Frederick, Green, Griffin, Hoitenga, Hornberger, Maddock, Marino, Martin, O’Malley, Paquette, Rendon, Roth, and Wakeman were named co‑sponsors of the resolution.
Reps. Martin, Bezotte, Cavanagh, Cherry, Haadsma, Morse, Sabo, Sneller, Thanedar and Weiss offered the following resolution:
House Resolution No. 222.
A resolution to declare February 2022 as Career and Technical Education Month in the state of Michigan.
Whereas, A competitive economy requires workers who are prepared for skilled professions; and
Whereas, Career and technical education (CTE) training matches employability skills with workforce demand and provides relevant academic and technical coursework leading to industry-recognized credentials for secondary, post-secondary, and adult learners; and
Whereas, CTE ensures that competitive and skilled workers are ready, willing, and capable of holding jobs in high-wage, high-skill, and in-demand career fields such as science, technology, engineering, mathematics, nursing, allied health, construction, information technology, energy sustainability, and many other career fields that are vital in keeping Michigan competitive in our global economy; and
Whereas, Investing in CTE
training for Michigan schools helps meet the very real and immediate challenges
of economic development, student achievement, and competitiveness; and
Whereas, Providing real-world training to Michigan students during their secondary education gives them experience in multiple career field opportunities; and
Whereas, Over 529,000 Michigan job openings are projected annually through the year 2028, with a current average income of $48,545 per year for skilled trades jobs that do not require a bachelor’s degree yet increasingly require some level of postsecondary education; and
Whereas, Over 102,988 Michigan high school students were enrolled in CTE during the 2020-2021 school year. More than 95% of Michigan students who focused their education in CTE go on to participate in postsecondary educational opportunities, seek further advanced career and technical education training, volunteer for military service, or find employment within a year of graduation; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 2022 as Career and Technical Education Month in the state of Michigan. We urge continued awareness of career and technical training for the students of Michigan to ensure the sustainability of Michigan’s workforce for the years to come; and be it further
Resolved, That copies of this resolution be transmitted to the Governor of Michigan and the State Superintendent.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Thanedar, Cavanagh, Haadsma, Manoogian, Sabo, Sneller and Young offered the following resolution:
House Resolution No. 223.
A resolution to declare February 2022 as Fitness Month in the state of Michigan.
Whereas, Fitness has significant health benefits for hearts, bodies, and minds. These benefits can include, but are not limited to, reduced risk of cardiovascular disease, Type 2 diabetes, cancer, healthy weight management, and reduced risk of depression and anxiety; and
Whereas, The International Physical Literacy Association reports that confidence, physical competence, knowledge, and understanding to value and take responsibility for engagement in physical activities for life, is critical for child development; and
Whereas, Adults under 65 should engage in 150 to 300 minutes of moderate cardio activity each week, in addition to two strength related workouts, according to U.S. Department of Health and Human Services’ Physical Activity Guidelines for Americans. However, fewer than half of Americans meet both recommendations, according to the Centers for Disease Control and Prevention (CDC).
Whereas, The percentage of Michigan adults who met the federal physical activity guidelines from 2015‑2019 never exceeded 25%, according to a CDC Behavioral Risk Factor Surveillance System study; and
Whereas, The state of Michigan is home to over 1,000 health clubs that service over 2.5 million residents. The fitness industry helps combat a 33% adult obesity rate and lowers healthcare costs, 83% of which are spent on chronic diseases; and
Whereas, Health clubs are a key economic asset to the state of Michigan, bringing in more than $776 million in revenue and employing over 46,000 residents; and
Whereas, The Michigan Fitness Club Association (MFCA) is a statewide membership organization dedicated to educating and promoting fitness and wellness and connecting exercise centers with our healthcare delivery system. MDCA brings together organizations such as Planet Fitness, Burn Fitness, Orangetheory Fitness, and more, to empower fitness professionals and improve health outcomes in Michigan; and
Whereas, In the month of February, health clubs and volunteers will come together throughout the state of Michigan to raise awareness about the importance of fitness to achieve their mission of delivering health and wellness to the public; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 2022 as Fitness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. LaGrand, Lasinski, Hertel, Tate, Hope, O’Neal, Breen, Puri, Peterson, Thanedar, Brixie, Neeley, Scott, Cherry, Sneller, Cynthia Johnson, Cavanagh, Haadsma, Morse, Sabo, Sowerby, Weiss and Young offered the following resolution:
House Resolution No. 224.
A resolution to create the
House Select Committee on Ethics.
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides, in relevant part:
All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability...
; and
Whereas, Rule 74(4) of the Standing Rules of the House of Representatives states:
A Member shall not convert for personal, business and/or campaign use, unrelated to House business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines.
; now, therefore, be it
Resolved by the House of Representatives, That the House Select Committee on Ethics is created. The select committee shall consist of six members. Three members of the select committee shall be members of the House Republican Caucus. Three members of the select committee shall be members of the House Democratic Caucus. The Speaker of the House and the House Minority Leader shall each designate a co‑chair of the select committee; and be it further
Resolved, That the House Select Committee on Ethics may subpoena witnesses, administer oaths, and examine the books, records, and tapes of any person, partnership, association, or corporation, public or private, involved in a matter properly before the committee; may call upon the services and personnel of any agency of the state and its political subdivisions; and may engage such assistance as it deems necessary; and be it further
Resolved, That the House Select Committee on Ethics shall have the power to investigate impropriety, unjust or illicit self-enrichment, or gross misconduct, and to work in conjunction with law enforcement on suspected criminal activity by current and former members of the House of Representatives for the purposes of transparency, to inform the public, and to consider disciplinary action; and be it further
Resolved, That the House Select Committee on Ethics shall:
1. Act only on complaints made publicly, tendered with an offer of proof and subject to criminal penalties for knowingly false statements in tendered complaints.
2. Open investigations only by vote of a majority of each Caucus’ members serving on the select committee.
3. Conduct all deliberations in public, and make all documents tendered to the select committee freely available to the public and comply with the Open Meetings Act.
; and be it further
Resolved, That the House Select Committee on Ethics shall report its findings and recommendations to the House of Representatives.
The resolution was referred to the Committee on Oversight.
Reps. Breen, Cavanagh, Cherry, Haadsma, Manoogian, Morse, Sabo, Sneller, Sowerby, Thanedar, Weiss and Young offered the following resolution:
House Resolution No. 225.
A resolution to declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.
Whereas, In the 2017-2018 school year, more than 3,659 threats and incidents of violence occurred in American K-12 schools; and
Whereas, The 2017-2018 school year saw 279 incidents of violence compared to 131 events in the 2016‑2017 school year; and
Whereas, November 30, 2021, ended with the loss of Hana St. Juliana, Tate Myre, Madisyn Baldwin, and Justin Shilling from Oxford High School. This tragedy has shattered our state and we grieve with their families, friends, and the entire Oxford community; and
Whereas, This loss of life and innocence at Oxford High School, Parkland, Columbine, Sandy Hook Elementary, and all other schools in America is unbearable, soul crushing, unacceptable, and perhaps even preventable; and
Whereas, It is incumbent upon
us to collectively raise our voices and say not one more, and take all measures
and actions to ensure the safety and wellbeing of our children, educators, and
school staff; and
Whereas, Schools and communities across our state lack the mental health experts, counselors, social workers, and psychologists to identify and assist students showing warning signs for depression and violence; and
Whereas, Schools need the resources to significantly invest and plan against acts of violence, which includes building security updates, coordination with law enforcement, creating threat assessment teams, and ensuring mental health resources and social emotional learning programs are available; and
Whereas, Creating safe school environments requires a comprehensive, coordinated effort including schoolwide, districtwide, and communitywide strategies where all institutions, organizations and individuals must accept responsibility for their critical roles and collaborate to establish a positive environment for teaching and learning; and
Whereas, Safe schools provide an environment where teaching and learning are not distracted; disruptions are minimized; drugs, violence, bullying and fear are not present; students are not discriminated against; expectations for behavior are clearly communicated and standards of behavior are maintained; and consequences for infractions are consistently and fairly applied; and
Whereas, Even if the incident is not experienced directly, the number of incidents, the intense level of attention, and the elevated anxiety impacts educators, students and their communities; and
Whereas, Acts of violence have multiple causes and will require multiple solutions to prevent as many tragedies as we can, and heal from the acts we are unable to stop; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.
The question being on the adoption of the resolution,
Rep. Breen moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 225.
A resolution to declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.
Whereas, In the 2017-2018 school year, more than 3,659 threats and incidents of violence occurred in American K-12 schools; and
Whereas, The 2017-2018 school year saw 279 incidents of violence compared to 131 events in the 2016‑2017 school year; and
Whereas, November 30, 2021, ended with the loss of Hana St. Juliana, Tate Myre, Madisyn Baldwin, and Justin Shilling from Oxford High School. This tragedy has shattered our state and we grieve with their families, friends, and the entire Oxford community; and
Whereas, This loss of life and innocence at Oxford High School, Parkland, Columbine, Sandy Hook Elementary, and all other schools in America is unbearable, soul crushing, unacceptable, and perhaps even preventable; and
Whereas, It is incumbent upon us to collectively raise our voices and say not one more, and take all measures and actions to ensure the safety and wellbeing of our children, educators, and school staff; and
Whereas, Creating safe school environments requires a comprehensive, coordinated effort including schoolwide, districtwide, and communitywide strategies where all institutions, organizations and individuals must accept responsibility for their critical roles and collaborate to establish a positive environment for teaching and learning; and
Whereas, Safe schools provide an environment where teaching and learning are not distracted; disruptions are minimized; drugs, violence, bullying and fear are not present; students are not discriminated against; expectations for behavior are clearly communicated and standards of behavior are maintained; and consequences for infractions are consistently and fairly applied; and
Whereas, Even if the incident is not experienced directly, the number of incidents, the intense level of attention, and the elevated anxiety impacts educators, students and their communities; and
Whereas, Acts of violence have multiple causes and will require multiple solutions to prevent as many tragedies as we can, and heal from the acts we are unable to stop; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body declare February 4, 2022, as School Safety Awareness Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
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The Speaker Pro Tempore called
Associate Speaker Pro Tempore Lightner to the Chair.
House Bill No. 4887, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 16 of chapter XIIA (MCL 712A.16), as amended by 2019 PA 102.
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. Mueller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5074, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22215 (MCL 333.22215), as amended by 2002 PA 619.
The bill was read a second time.
Rep. Kahle moved to substitute (H-1) the bill.
Rep. Kahle moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5075, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22219 (MCL 333.22219), as added by 2002 PA 619.
The bill was read a second time.
Rep. LaGrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5076, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22221 (MCL 333.22221), as amended by 2002 PA 619.
The bill was read a second time.
Rep. Beeler moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5077, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22213 (MCL 333.22213), as amended by 2002 PA 619.
The bill was read a second time.
Rep. Cambensy moved to amend the bill as follows:
1. Amend page 3, line 5, after “than” by striking out “72 hours” and inserting “14 calendar days”.
2. Amend page 3, line 9, after “than” by striking out “7” and inserting “14”.
3. Amend page 3, line 13, by striking out “7” and inserting “14”.
Rep. Cambensy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5558, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending sections 2688, 2690, and 2836 (MCL
333.2688, 333.2690, and 333.2836), section 2690 as amended by 2016 PA 386 and
section 2836 as added by 2012 PA 499.
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. Albert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5559, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2018 PA 587.
The bill was read a second time.
Rep. Kahle 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, February 4, 2022
Michigan House of Representatives
State Capitol Building
Lansing, MI 48909-7514
Representatives,
Today, I am returning Enrolled House Bill 4031 without my approval.
Every Michigander has the right to a safe workplace under both state and federal law. Among other requirements, federal law requires our state to maintain workplace standards at least as effective as those set forth in the federal Occupational Health and Safety Act (OSHA).
It is a terrible tragedy whenever a person dies as a result of an on-the-job injury. Federal law requires employers to report the death of any employee from a work-related incident within 8 hours, ensuring that OSHA inspectors can identify and help mitigate whatever hazard caused the death before further tragedies ensue. The Michigan Occupational Health and Safety Administration (MIOSHA) is required to enforce at least the minimum standards for workplace safety required by federal law. Accordingly, MIOSHA Rule 408.22129 mirrors the federal reporting requirement.
HB 4031 would require MIOSHA to automatically reduce the penalty for late reporting of a workplace death on certain family farms by the maximum amount allowable, even when the employer makes no effort to timely cooperate with an investigation. MIOSHA policies already allow for the agency to reduce fines on family farms by up to 90% for employers that cooperate with MIOSHA investigations. The law, however, should not require the agency to waive fines for employers that do not cooperate in good faith.
Moreover, HB 4031 imports a definition of “family farm” from the federal tax code that would be inconsistent with how federal OSHA regulates small farms. That definition would create confusion and could result in MIOSHA falling out of compliance with federal standards.
For the foregoing reasons, I am vetoing HB 4031 of 2021.
Respectfully,
Gretchen Whitmer
Governor
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Rep. Frederick moved that the bill be re-referred to the Committee on Agriculture.
The motion prevailed.
______
Rep. Frederick 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, February 3:
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 8:
Senate Bill Nos. 856 857 858 859 860 861 862 863
Reports of Standing Committees
The Committee on Education, by Rep. Hornberger, Chair, reported
House Bill No. 5686, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 18 (MCL 388.1618), as amended by 2021 PA 48.
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. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose and Posthumus
Nays: Reps. Camilleri, Koleszar and Stone
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hornberger, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, February 8, 2022
Present: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler, Damoose, Posthumus, Camilleri, Koleszar, Shannon and Stone
Absent: Rep. Brenda Carter
Excused: Rep. Brenda Carter
The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported
House Bill No. 5304, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 552.
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. 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, February 8, 2022
Present: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Garza, Witwer, Steenland and Young
The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported
House Bill No. 4163, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 47 (MCL 169.247), as amended by 2015 PA 269.
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. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett
Nays: None
The Committee on Elections and Ethics, by Rep. Bollin, Chair, reported
House Bill No. 5335, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 735 (MCL 168.735), as amended by 2004 PA 92, and by adding section 730b.
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. Bollin, Wendzel, Calley, Steven Johnson and Filler
Nays: Reps. Koleszar and Whitsett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bollin, Chair, of the Committee on Elections and Ethics, was received and read:
Meeting held on: Tuesday, February 8, 2022
Present: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett
The Committee on Families, Children, and Seniors, by Rep. Wakeman, Chair, reported
House Bill No. 5657, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as amended by 2011 PA 89.
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. Wakeman, Meerman, Rendon, Roth, Tisdel, Pohutsky and Camilleri
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wakeman, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Tuesday, February 8, 2022
Present: Reps. Wakeman, Meerman, Rendon, Roth, Tisdel, Pohutsky, Camilleri and Aiyash
Absent: Rep. Brenda Carter
Excused: Rep. Brenda Carter
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, February 8, 2022
Present: Reps. O’Malley, Howell, Griffin, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri
Absent: Reps. Eisen and LaFave
Excused: Reps. Eisen and LaFave
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaFave, Chair, of the Committee on Military, Veterans and Homeland Security, was received and read:
Meeting held on: Tuesday, February 8, 2022
Present: Reps. LaFave, Beeler, Bezotte, Martin, Rogers, Anthony, Coleman and Steenland
Absent: Rep. Eisen
Excused: Rep. Eisen
Announcements by the Clerk
February 1, 2022
Received from the Auditor General a copy of the:
· Report on Internal Control, Compliance, and Other Matters of the State of Michigan 401K Plan (071‑0156-22), Fiscal Year Ended September 30, 2021.
· Report on Internal Control, Compliance, and Other Matters of the State of Michigan 457 Plan (071‑0157-22), Fiscal Year Ended September 30, 2021.
Gary L. Randall
Clerk of the House
______
Rep. Bolden moved that the House adjourn.
The motion prevailed, the time being 5:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives