No. 8

STATE OF MICHIGAN

JOURNAL

OF THE

House  of  Representatives

103rd Legislature

REGULAR  SESSION  OF  2025

House Chamber, Lansing, Tuesday, January 28, 2025.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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

e/d/s = entered during session

Rep. Erin Byrnes, from the 15th District, offered the following invocation:

“• As we gather today to do the work of the people, may we keep close to our hearts the most vulnerable among us.

• For those facing medical issues, may we protect them with our empathy.

• For those facing a lack of housing, may we protect them with our compassion.

• For those facing ridicule based on their identity, may we protect them with our kindness.

• And for everyone in need of care and understanding, may we protect them with our actions.

• The power of the universe is vast and almighty.

• Today and every day, I ask the universe to bestow upon each one of us infinite compassion, genuine kindness and deep empathy.

Thank you.”

______

Rep. Fitzgerald moved that Reps. Arbit, Coffia, Herzberg and Whitsett be excused from today’s session.

The motion prevailed.

Rep. Posthumus moved that Reps. Mueller and Paquette be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Byrnes, Andrews, Miller, MacDonell, Liberati, Tsernoglou, Foreman, Longjohn, Skaggs, McFall, Wooden, Glanville, Dievendorf, Morgan, Rheingans, Tyrone Carter, Grant, Farhat, Arbit, Brenda Carter, Rogers, Scott, Price, Martus, Conlin, O’Neal, Neeley, Hope, Brixie, Young, Breen, Koleszar, Xiong, Myers-Phillips, Herzberg, Wilson, Hoskins, Witwer, Weiss, McKinney and Paiz offered the following resolution:

House Resolution No. 12.

A resolution to declare January 2025 as National Stalking Awareness Month in the state of Michigan.

Whereas, Under the laws of all fifty states, the U.S. territories, the District of Columbia, and federal government, stalking is a crime; and

Whereas, Michigan law defines “stalking” as the willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested; and

Whereas, Six to seven and a half million people are stalked in a one-year period in the United States and the majority of victims are stalked by someone they know. Furthermore, 3 in 4 women killed by an intimate partner have been stalked by that intimate partner; and

Whereas, Many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population. Many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and

Whereas, More victims are stalked using technology—such as phone calls, text messages, social media platforms, internet posts, emails, and electronic tracking—than not using any technology; and

Whereas, According to the Michigan State Police’s Incident Crime Report, 18,000 incidents of stalking/intimidation were reported to law enforcement in 2022; and

Whereas, Stalking awareness advocates join forces with victim service providers, criminal justice officials, and concerned citizens throughout the state of Michigan to achieve their mission of providing education and resources on the crime of stalking; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 2025 as National Stalking Awareness Month in the state of Michigan. We applaud the efforts of victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, January 23:

Senate Bill Nos. 24 25 26 27

Explanation of “No” Votes

Rep. Breen, having reserved the right to explain her protest against the passage of House Bill Nos. 4001 and 4002, made the following statement:

“Mr. Speaker and members of the House:

This is a difficult vote, and I hope not the final one on these issues. On one side, to prove we are pro small business and pro worker, we have to vote yes. On the other, to prove we are pro small business and pro worker, we have to vote no. We are receiving diametrically opposing information. So which is it? As usual, the devil is in the details and there are many shades of gray.

It’s important to note we should not even be in this position. Before I came to Lansing, the Legislature took a public initiative and instead of letting it go to the people for a vote, the initiative was adopted and amended, rather - it was gutted.

The people should have been afforded the opportunity to vote. And the Michigan Supreme Court said so in their ruling.

I have worked in bars and restaurants. I worked at a bar in East Lansing - and my Saturday nights were VERY different from my Tuesday afternoons. I’ve worked in small family owned places, fancy places, dive places. And generally I know that these owners would bend over backwards to treat their employees well. But, not everyone does that.

These bills instead take us backwards. They cut wages. They eliminate the ability of employers to front load sick days. They discourage workers to seek medical care when needed, instead forcing them to work while sick.

I’ll be offering an amendment to restore a private right of action. For employees that are wronged, their only recourse the way these are written is to go through a state department - one that is understaffed and enforcement is subject to the whim of whomever is in power. If the people cannot depend on the state to right a wrong, they should at least be allowed to help themselves.

I am hopeful that a good compromise can be found - the good employers should not be punished for the wrongs of others. And workers should be treated with dignity and respect. Until these changes can be made, I must regretfully vote ‘no,’ but look forward to voting ‘yes’ on a compromised bill that will raise wages and keep the doors to our small businesses open.”

Rep. Tsernoglou, having reserved the right to explain her protest against the passage of House Bill Nos. 4001 and 4002, made the following statement:

“Mr. Speaker and members of the House:

As a former small business owner, I sympathize with the many small business owners here in Michigan who are concerned after the recent Supreme Court Mothering Justice ruling. As many of my colleagues have acknowledged, for so many small businesses, margins are razor thin. This means that any changes, even small ones, to a business’s revenue or expenses, could be costly. With that being said, at times like these, when so many small business owners, working class individuals, and other Michiganders are monitoring this legislative process closely, it is more important than ever that we address what these bills actually do.

Many of my colleagues have made passionate and emotional pleas to ‘save our tips’ here in Michigan. Some, even citing bogus statistics, created by restaurant industry lobbyists who make absurd and unsubstantiated claims that every small business will greatly suffer or close if we do not allow for workers to be paid a subminimum wage. Despite some of the claims going around, not one person has been able to explain to me how, or why, the Mothering Justice ruling would rid Michigan’s tipped workers of their hard-earned tips.

Abolishing the tip credit does not rid workers of tips. Not only is tipping deeply embedded into our nation’s culture, but the evidence shows time and time again that tipping amounts do not statistically vary between states without a tip credit, and the ones that still have a tip credit. Furthermore, it is worth noting that the tipped workforce nationwide is nearly two-thirds women and disproportionately composed of women of color. Tipped workers are also more likely to be single parents—especially women workers. With a higher median wage in states without a tip credit, than in states that allow tipped workers to be paid subminimum wages, Michigan is set to uplift our tipped workers, which are disproportionately women and women of color.

Not only does House Bill 4001 seek to lower the minimum wage from what was outlined in the Mothering Justice decision, but it also completely removes all increases to the wages of tipped workers. House Bill 4002 strips the right of over a million workers from earning sick time off at work. Despite a global pandemic shutting down our nation just under 5 years ago, many are so quick to forget that if individuals are sick, it is best for EVERYONE if sick individuals can stay home and rest, instead of coming to work sick and potentially infecting dozens of others.

I want to be clear in saying, that I will do anything that I can as a legislator to protect small business and their employees. What I will not do, however, is vote yes on bills that claim to ‘protect’ business owners, only so that they can strip rights and protections away from the working-class employees upon which Michigan’s small businesses rely on. I desperately want to ensure that small businesses are not negatively impacted by the Improved Workforce Opportunity Wage Act, nor the Earned Sick Time Act. The best way to protect our small businesses is by making clarifications to these act’s, so that earned sick time and the minimum wage laws are clear and not confusing for businesses.

Claiming that our entire economy is going to crash in a month because tipped workers will be making $5.99 is neither remotely accurate, nor helpful in our efforts to uplift the working class, while also protecting small businesses. My hope is that we can continue this conversation, and in doing so, uplift Michigan’s small businesses AND the working class, not just one or the other.”

Introduction of Bills

Reps. Aragona, Robinson, Johnsen, St. Germaine, Kelly, Morgan and Tyrone Carter introduced

House Bill No. 4021, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5735 and 8511 (MCL 600.5735 and 600.8511), section 5735 as amended by 2004 PA 105 and section 8511 as amended by 2014 PA 124.

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

Reps. Arbit and Byrnes introduced

House Bill No. 4022, entitled

A bill to repeal 2017 PA 98, entitled “Educational instruction access act,” (MCL 123.1041 to 123.1047).

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

Rep. Witwer introduced

House Bill No. 4023, entitled

A bill to authorize the state administrative board to convey state-owned property in Eaton County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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

Reps. Fox, Carra, Pavlov, Rigas, DeSana, Linting, Alexander, Wortz, Markkanen, Cavitt, Johnsen, Woolford, DeBoyer, BeGole, Outman, DeBoer, Jenkins-Arno, Martin, Steele, Meerman, Smit and Maddock introduced

House Bill No. 4024, entitled

A bill to require that certain educational institutions in this state, when providing students with multiple occupancy restrooms, changing areas, and similar facilities, do so in a manner that ensures each student’s privacy from individuals of the opposite biological sex; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

Reps. Price, Jaime Greene, Johnsen, Breen, Young, Mentzer, Dievendorf, Morgan, Rogers, Glanville, Rheingans, Wooden, Neeley, Byrnes, Skaggs, Steckloff, Tyrone Carter, McFall, Weiss, MacDonell, Tsernoglou, Andrews, Brenda Carter, Miller, McKinney, Hoskins, Fitzgerald, Paiz, Scott, Longjohn, Foreman, Conlin, Liberati, Martus, Myers-Phillips, Edwards, Alexander, Herzberg, Hope, Pohutsky, Coffia, Farhat, Snyder, O’Neal, Outman, Fox and Paquette introduced

House Bill No. 4025, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4ll (MCL 205.54ll), as added by 2023 PA 15.

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

Reps. Paquette, Jaime Greene, Johnsen, Breen, Young, Mentzer, Price, Morgan, Dievendorf, Glanville, Rheingans, Wooden, Neeley, Byrnes, Skaggs, Steckloff, Tyrone Carter, McFall, Weiss, MacDonell, Tsernoglou, Andrews, Brenda Carter, Miller, McKinney, Hoskins, Fitzgerald, Paiz, Scott, Longjohn, Snyder, Foreman, Conlin, Liberati, Martus, Myers-Phillips, Edwards, Alexander, Herzberg, Hope, Pohutsky, O’Neal, Outman, Fox and Farhat introduced

House Bill No. 4026, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4ll (MCL 205.94ll), as added by 2023 PA 14.

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

Reps. Alexander, Bruck, Bohnak, Schriver, Kelly, Pavlov, Markkanen, Posthumus, Woolford, Wozniak, Beson, Prestin, Slagh, Mueller, Kunse, Phil Green, Aragona, Borton, Paquette, DeSana, Cavitt, Martin, Fox, Outman, Frisbie, Steele, Rigas, Bierlein, Hoadley, Neyer, Fairbairn, Wortz, Harris, DeBoyer, VanderWall, St. Germaine, Lightner, Smit, Wendzel, Tisdel, Meerman, VanWoerkom, Johnsen, Schmaltz, Roth, BeGole, Maddock, DeBoer, Jaime Greene and Jenkins-Arno introduced

House Bill No. 4027, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2023 PA 234.

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

Reps. Alexander, Bruck, Bohnak, Schriver, Kelly, Pavlov, Markkanen, Posthumus, Woolford, Wozniak, Beson, Prestin, Slagh, Kunse, Mueller, Phil Green, Aragona, Borton, Paquette, DeSana, Cavitt, Martin, Fox, Outman, Frisbie, Steele, Rigas, Bierlein, Hoadley, Neyer, Fairbairn, Wortz, Harris, St. Germaine, DeBoyer, DeBoer, Lightner, Tisdel, VanderWall, Smit, Wendzel, Meerman, VanWoerkom, Johnsen, Schmaltz, Roth, BeGole, Maddock, Jaime Greene and Jenkins-Arno introduced

House Bill No. 4028, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending the title and section 13 (MCL 460.1013), as amended by 2023 PA 235; and to repeal acts and parts of acts.

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

Reps. Slagh, Woolford, Roth, Kelly, Kunse, Phil Green, Rigas, Bohnak, Prestin, Alexander, Borton, Fairbairn, BeGole and VanderWall introduced

House Bill No. 4029, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40113a and 41103 (MCL 324.40113a and 324.41103), section 40113a as amended by 2023 PA 222 and section 41103 as added by 1995 PA 57.

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

Reps. Hoadley, Beson, BeGole, Kunse, Woolford, Schuette, Markkanen, Roth, Borton, Maddock, Kelly, Bierlein, Fox, DeBoyer, Smit, Pavlov, Bruck and Jaime Greene introduced

House Bill No. 4030, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 2 (MCL 409.102), as amended by 1996 PA 438.

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

Reps. Jaime Greene, St. Germaine, Steele, Linting, Kunse, Pavlov, Kelly, Alexander, Prestin, Maddock, Carra, Hoadley, Woolford, Wendzel, Meerman and Bruck introduced

House Bill No. 4031, entitled

A bill to require awards, rankings, and records of outcomes in separate female and male sporting events to be categorized consistent with each competitor’s biological sex.

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

Reps. Linting, Thompson, Rigas, Fox, Conlin, Alexander, Woolford, McKinney, Outman, Rogers, Johnsen, DeSana, St. Germaine, Bohnak, Prestin, Longjohn, Farhat, Beson, Roth, Aragona, Robinson, Pavlov, Posthumus, BeGole, DeBoyer, Schmaltz, Rheingans, Morgan, Brixie, Bruck, Frisbie, Schuette, Smit, Steele, Borton and Jaime Greene introduced

House Bill No. 4032, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16189 (MCL 333.16189), as amended by 2022 PA 38.

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

Reps. Wozniak, Beson, BeGole and Aragona introduced

House Bill No. 4033, entitled

A bill 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. Wozniak, Johnsen Aragona, Beson and BeGole introduced

House Bill No. 4034, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending sections 3 and 5 (MCL 554.73 and 554.75), section 5 as amended by 2011 PA 11.

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

Reps. Wozniak, Johnsen, Aragona, St. Germaine, Jaime Greene, Alexander, BeGole and Morgan introduced

House Bill No. 4035, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 3115b.

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

Reps. Bollin, Borton, Wegela, DeBoyer, Mueller, Lightner, Hoadley, Martin, Bierlein, Smit, Rigas, Koleszar, Wortz, Johnsen, Beson, Kelly, St. Germaine, Schmaltz, Linting, Fox, Alexander, Bohnak, Prestin, Hall, Neyer, Frisbie, VanderWall, Snyder, Brenda Carter, Witwer and Jaime Greene introduced

House Joint Resolution A, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article IV, to require approval by two-thirds of the members elected to and serving in each house of the legislature for certain bills.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

______

Rep. Witwer moved that the House adjourn.

The motion prevailed, the time being 2:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, January 29, at 1:30 p.m.

SCOTT E. STARR

Clerk of the House of Representatives