No. 48

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Thursday, May 18, 2023.

 

10:00 a.m.

 

 

The Senate was called to order by the President pro tempore, Senator Jeremy Moss.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—excused

Bumstead—present                              Johnson—present                             Santana—present

Camilleri—present                               Klinefelt—present                            Shink—present

Cavanagh—present                              Lauwers—excused                           Singh—present

Chang—present                                   Lindsey—present                             Theis—present

Cherry—present                                  McBroom—excused                        Victory—present

Daley—excused                                   McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Mark E. Huizenga of the 30th District offered the following invocation:

Dear heavenly Father, thank You for this day; for the beautiful springtime weather that we’re appreciating; for the leaves that are sprouting and for birds in their nests. Lord, be with us today in all that we do. Help us that we make decisions that are right and responsible, those that are for the good of the state and the good of our district. Lord, be with those who are less fortunate, for those who are working overseas, and for our armed forces and those in our public-safety departments. Be with us in all that we do.

In Your name we pray. Amen.

 

The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Theis moved that Senators Daley, Lauwers, McBroom and Runestad be excused from today’s session.

The motion prevailed.

 

Senator Singh moved that Senator Chang be temporarily excused from today’s session.

The motion prevailed.

 

Senator Geiss entered the Senate Chamber.

 

 

The following communication was received:

Office of Senator Rosemary Bayer

May 17, 2023

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 299 and Senate Bill 300 by Senator Sam Singh on April 27th, 2023.

                                                                                       Sincerely,

                                                                                       Rosemary K. Bayer

                                                                                       13th Senate District

                                                                                       State Senator

The communication was referred to the Secretary for record.

 

 

Recess

 

 

Senator Singh moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:03 a.m.

 

10:09 a.m.

 

The Senate was called to order by the President pro tempore, Senator Moss.

 

During the recess, Senator Chang entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Bellino and Singh introduced

Senate Bill No. 341, entitled

A bill to require original equipment manufacturers of certain agricultural equipment to make certain parts, tools, and documentation available to certain persons; to provide remedies; and to provide for the powers and duties of certain state governmental officers and entities.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

Senators Singh and Bellino introduced

Senate Bill No. 342, entitled

A bill to provide definitions for the agricultural equipment repair act.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

 

 

House Bill No. 4375, entitled

A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 3 (MCL 124.753).

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 173, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 11x, 15, 19, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22c, 22d, 22m, 22p, 23a, 24, 24a, 25f, 25g, 26a, 26b, 26c, 26d, 27a, 27b, 27c, 28, 31a, 31d, 31f, 31j, 31n, 31p, 31aa, 32d, 32n, 32p, 32t, 35a, 35d, 39, 39a, 41, 41b, 51a, 51c, 51d, 51e, 51g, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 67d, 74, 81, 94, 94a, 95b, 97a, 98, 99h, 99s, 99t, 99u, 99x, 99ee, 101, 104, 104f, 104h, 107, 121, 147, 147a, 147b, 147c, 147e, 152a, 152b, and 163 (MCL 388.1603, 388.1604, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1611x, 388.1615, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622m, 388.1622p, 388.1623a, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1626d, 388.1627a, 388.1627b, 388.1627c, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1631p, 388.1631aa, 388.1632d, 388.1632n, 388.1632p, 388.1632t, 388.1635a, 388.1635d, 388.1639, 388.1639a, 388.1641, 388.1641b, 388.1651a, 388.1651c, 388.1651d, 388.1651e, 388.1651g, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1667d, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1697a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699x, 388.1699ee, 388.1701, 388.1704, 388.1704f, 388.1704h, 388.1707, 388.1721, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1752b, and 388.1763), sections 3, 6, 6a, 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21f, 21h, 22a, 22c, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 26d, 28, 31a, 31d, 31j, 31n, 31p, 32d, 32p, 35a, 35d, 39, 41, 51d, 51g, 54b, 54d, 55, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 97a, 98, 99h, 99s, 99t, 99u, 99x, 101, 104, 104f, 104h, 107, 147, 147a, 147b, 147e, 152a, and 152b as amended and sections 11x, 27a, 27b, 27c, 31aa, 32n, 32t, 41b, 51e, 67d, and 99ee as added by 2022 PA 144, sections 4 and 19 as amended by 2021 PA 48, sections 11, 22b, 31f, 39a, 51a, 51c, 53a, 54, and 147c as amended by 2023 PA 3, section 23a as amended by 2020 PA 22, section 56 as amended by 2022 PA 212, section 121 as amended by 2006 PA 342, and section 163 as amended by 2021 PA 15, and by adding sections 11v, 11z, 12a, 12c, 23g, 27g, 27k, 27l, 27n, 27o, 27p, 27q, 30d, 31k, 31l, 31ff, 32e, 32m, 33, 35k, 35l, 35m, 61j, 61k, 61l, 61m, 67f, 74b, 97g, 98d, 99a, 99b, 99c, 99d, 99e, 99f, 99g, 99n, 99ff, 99gg, 99hh, and 99ii; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2022 PA 212 and section 17b as amended by 2007 PA 137.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 178, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 186, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 194, entitled

A bill to make, supplement, adjust, and consolidate appropriations for the department of labor and economic opportunity for the fiscal years ending September 30, 2023 and September 30, 2024; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make appropriations for the department of labor and economic opportunity for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 195, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 197, entitled

A bill to make and supplement appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2023 and September 30, 2024; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 199, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 200, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236b, 236c, 236j, 236k, 241, 248, 248a, 251, 252, 254, 256, 263, 264, 268, 269, 270c, 275, 276, 277, 278, 279, 280, 281, 282, and 283 (MCL 388.1836, 388.1836b, 388.1836c, 388.1836j, 388.1836k, 388.1841, 388.1848, 388.1848a, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1864, 388.1868, 388.1869, 388.1870c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1883), sections 236, 236j, and 251 as amended and sections 248 and 248a as added by 2022 PA 212, sections 236b, 236c, 241, 252, 256, 263, 264, 268, 269, 270c, 275, 276, 277, 278, 279, 280, 281, and 282 as amended and section 236k as added by 2022 PA 144, section 254 as amended by 2017 PA 108, and section 283 as amended by 2019 PA 62, and by adding sections 236l, 236m, 241a, 241b, 241c, 241d, 275k, and 284a; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), section 236 as amended by 2022 PA 212 and section 241 as amended by 2022 PA 144.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 201, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 202a, 206, 207a, 207b, 207c, 219, 229a, and 230 (MCL 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1819, 388.1829a, and 388.1830), sections 201, 202a, 206, 207a, 207b, 207c, 229a, and 230 as amended by 2022 PA 144 and section 219 as amended by 2016 PA 249, and by adding sections 216c, 217a, and 217b; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), as amended by 2022 PA 144.

Pursuant to rule 3.202, the bill was laid over one day.

 

By unanimous consent the Senate returned to the order of

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: May 17, 2023

Time: 3:07 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 18 (Public Act No. 32), being

An act to amend 2003 PA 225, entitled “An act to designate March 31 of each year as Cesar E. Chavez day in the state of Michigan; to designate July 14 of each year as President Gerald R. Ford day in the state of Michigan; and to designate July 30 of each year as Henry Ford day in the state of Michigan,” (MCL 435.301 to 435.303) by amending the title and by adding section 4.

(Filed with the Secretary of State on May 17, 2023, at 3:32 p.m.)

 

Date: May 17, 2023

Time: 3:09 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 147 (Public Act No. 31), being

An act to amend 1976 PA 453, entitled “An act to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts,” by amending sections 201 and 202 (MCL 37.2201 and 37.2202), section 201 as amended by 1980 PA 202 and section 202 as amended by 2023 PA 6.

(Filed with the Secretary of State on May 17, 2023, at 3:30 p.m.)

                                                                                          Respectfully,

                                                                                          Gretchen Whitmer

                                                                                          Governor

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, May 17:

House Bill No.     4375

 

The Secretary announced that the following bills were printed and filed on Wednesday, May 17, and are available on the Michigan Legislature website:

House Bill Nos.     4591   4592   4593   4594  4595  4596

 

The Secretary announced that the following bill was printed and filed on Thursday, May 18, and is available on the Michigan Legislature website:

Senate Bill No.       340

 

 

Committee Reports

 

 

The Committee on Finance, Insurance, and Consumer Protection reported

Senate Bill No. 150, entitled

A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 62 (MCL 205.762), as amended by 2008 PA 128.

With the recommendation that the bill pass.

                                                                                       Mary Cavanagh

                                                                                       Chairperson

To Report Out:

Yeas: Senators Cavanagh, Moss, McCann, Bayer, Irwin, Huizenga and Theis

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Finance, Insurance, and Consumer Protection reported

Senate Bill No. 326, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2018 PA 1.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

                                                                                       Mary Cavanagh

                                                                                       Chairperson

To Report Out:

Yeas: Senators Cavanagh, Moss, McCann, Bayer, Irwin, Huizenga and Theis

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance, Insurance, and Consumer Protection submitted the following:

Meeting held on Wednesday, May 17, 2023, at 12:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Cavanagh (C), Moss, McCann, Bayer, Irwin, Huizenga and Theis

Excused: Senator Daley

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Veterans and Emergency Services submitted the following:

Meeting held on Wednesday, May 17, 2023, at 9:00 a.m., Room 1300, Binsfeld Office Building

Present: Senators Klinefelt (C), Hertel and Outman

Excused: Senator Santana

COMMITTEE ATTENDANCE REPORT

 

The Committee on Elections and Ethics submitted the following:

Meeting held on Wednesday, May 17, 2023, at 3:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators Moss (C), Wojno, Santana, McMorrow, Chang, Camilleri, Johnson and McBroom

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, May 17, 2023, at 4:00 p.m., Room 352, 3rd Floor, House Appropriations Room, Capitol Building

Present: Senators McDonald Rivet (C), Irwin, McCann, McMorrow, Camilleri, Santana, Damoose, Bumstead and Huizenga

 

 

Scheduled Meetings

 

 

Veterans and Emergency Services – Wednesday, May 24, 9:00 a.m., Room 1300, Binsfeld Office Building (517) 373-5312

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 10:15 a.m.

 

The President pro tempore, Senator Moss, declared the Senate adjourned until Tuesday, May 23, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate