STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Tuesday, June 20, 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—present
Bumstead—present Johnson—present Santana—excused
Camilleri—present Klinefelt—present Shink—present
Cavanagh—present Lauwers—present Singh—present
Chang—present Lindsey—present Theis—present
Cherry—present McBroom—present Victory—present
Daley—present McCann—present Webber—present
Damoose—present McDonald Rivet—present Wojno—present
Geiss—present McMorrow—present
Senator John Cherry of the 27th District offered the following invocation:
Lord, thank You for the opportunities and responsibilities that have been bestowed upon us to serve the people of the state of Michigan. As we strive together in service to our constituents and communities, please grant us strength of mind and open hearts. May we walk forward with patience, understanding, and peace guiding our thoughts and actions to make the best choices for those we serve. Grant us wisdom and grace in all our work. Amen.
The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.
Senator Brinks entered the Senate Chamber.
Motions and Communications
Senator Singh moved that Senator Santana be excused from today’s session.
The motion prevailed.
Senator Anthony entered the Senate Chamber.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
May 22, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-033-SP (Secretary of State
Filing #23-05-10) on this date at 12:58 p.m. for the Department of State Police
entitled,
“Drunk Driving Equipment and Training Fund.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
May 22, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-034-SP (Secretary of State
Filing #23-05-11) on this date at 1:47 p.m. for the Department of State Police
entitled,
“Tests for Breath Alcohol.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
May 26, 2023
In accordance with the provisions of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-039-EQ (Secretary of State
Filing #23-05-12) on this date at 11:36 a.m. for the Department of Environment,
Great Lakes, and Energy entitled, “Groundwater Quality Control.”
These rules become effective immediately
after filing with the Secretary of State unless adopted under section 33, 44,
or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL
24.233, 24.244, or 24.245a. Rules adopted under these sections become effective
7 days after filing with the Secretary of State.
June 8, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-014-LR (Secretary of State
Filing #23-06-01) on this date at 11:18 a.m. for the Department of Licensing
and Regulatory Affairs entitled,
“Psychology – General Rules.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
June 8, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-052-NR (Secretary of State
Filing #23-06-02) on this date at 11:54 a.m. for the Department of Natural
Resources entitled,
“Mackinac Island State Park Commission – General Rules.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
June 8, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-045-LR (Secretary of State
Filing #23-06-03) on this date at 1:06 p.m. for the Department of Licensing and
Regulatory Affairs entitled,
“Adult Foster Care Family Homes.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
June 8, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-046-LR (Secretary of State
Filing #23-06-04) on this date at 2:03 p.m. for the Department of Licensing and
Regulatory Affairs entitled,
“Adult Foster Care Congregate Facilities.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
June 9, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-047-LR (Secretary of State
Filing #23-06-05) on this date at 9:54 a.m. for the Department of Licensing and
Regulatory Affairs entitled,
“Adult Foster Care Small Group Homes.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
June 9, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-048-LR (Secretary of State
Filing #23-06-06) on this date at 10:46 a.m. for the Department of Licensing
and Regulatory Affairs entitled,
“Adult Foster Care Large Group Homes.”
These rules become effective immediately
after filing with the Secretary of State unless adopted under section 33, 44,
or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL
24.233, 24.244, or 24.245a. Rules adopted
under these sections become effective 7 days after filing with the Secretary of
State.
June 9, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2023-024-LE (Secretary of State
Filing #23-06-07) on this date at 12:26 p.m. for the Department of Labor and
Economic Opportunity entitled,
“Ionizing Radiation Rules Governing the Use of Radiation Machines.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
June 9, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2020-003-HS (Secretary of State
Filing #23-06-08) on this date at 12:02 p.m. for the Department of Health and
Human Services entitled,
“Foster Family Homes and Foster Family Group Homes.”
These rules take effect 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn Benson
Secretary of State
Lashana Threlkeld, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
The following communication was received:
State Officers Compensation Commission
June 15, 2023
As chair of the State Officers Compensation Commission, I hereby submit its 2023 determinations. Copies of the report are also being provided to the governor, lieutenant governor, justices, legislative leaders, attorney general, and Secretary of State, in accordance with Public Act 357 of 1968.
The commission has asked that this transmittal emphasize its strong support for reform to the current constitutional system to set elected officers’ pay. The current system, combined with political realities, has resulted in two decades without pay increases for most offices despite recommendations for increases by the commission. This is unsustainable and does not reflect pay commensurate with the important work done by these officers. The attached determination is for justices’ salary to be increased by 7% in both 2025 and 2026 with a $10,000 expense allowance. Despite justices having received the first pay increase in two decades earlier this year, they still earn less that judges on the Michigan Court of Appeals. Without action approving the recommended salary increases, this gap will continue to grow.
The commission strongly urges the legislature adopt the recommendation. The commission also asks the legislature to consider potential constitutional reforms to the pay-setting process for elected officials that might end the political logjams the current process creates.
Sincerely,
Robert Emerson
The communication was referred to the Secretary for record.
Messages from the Governor
The following message from the Governor was received:
Time: 2:26 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 90 (Public Act No. 45), 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 section 103 (MCL 37.2103), as amended by 2023 PA 6.
(Filed with the Secretary of State on June 15, 2023, at 3:20 p.m.)
Respectfully,
Gretchen Whitmer
Governor
The following messages from the Governor were received and read:
June 15, 2023
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 327 of 1945, MCL 259.26:
Michigan Aeronautics Commission
Ms. Kelly K. Burris of 1530 Wellesley Drive, Detroit, Michigan 48203, county of Wayne, reappointed for a term commencing June 15, 2023 and expiring May 27, 2027.
Dr. Brian R. Smith of 7621 La Salle Boulevard, Detroit, Michigan 48206, county of Wayne, reappointed for a term commencing June 15, 2023 and expiring May 27, 2027.
June 15, 2023
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 180 of 1981, MCL 400.583:
Commission on Services to the Aging
Mr. Walid Gammouh of 49509 Galway Drive, Macomb, Michigan 48044, county of Macomb, reappointed to represent Republicans, for a term commencing July 29, 2023 and expiring July 28, 2026.
Ms. Nancy Duncan of 1420 Lindbergh Drive, Lansing, Michigan 48910, county of Ingham, reappointed to represent Independents, for a term commencing July 29, 2023 and expiring July 28, 2026.
Ms. Kristie Zamora of 521 Commonwealth Avenue, Flint, Michigan 48503, county of Genesee, reappointed to represent Independents, for a term commencing July 29, 2023 and expiring July 28, 2026.
Mr. Mark Bomberg of 6084 25.25 Lane, Gladstone, Michigan 49837, county of Delta, reappointed to represent Republicans, for a term commencing July 29, 2023 and expiring July 28, 2026.
Mr. Michael Pohnl of 2404 Emerald Forest Circle, East Lansing, Michigan 48823, county of Ingham, reappointed to represent Independents, for a term commencing July 29, 2023 and expiring July 28, 2026.
June 15, 2023
I respectfully submit to the Senate the following appointment to office pursuant to Public Act 407 of 2016, MCL 339.5303, 339.5305 and 339.5705:
Electrical Administrative Board
Mr. Donald Iverson of 421 North Waverly Road, Eaton Rapids, Michigan 48827, county of Eaton, reappointed to represent electrical parts manufacturers that operate in this state, for a term commencing June 15, 2023 and expiring July 31, 2025.
June 15, 2023
I respectfully submit to the Senate the following appointment to office pursuant to Public Act 469 of 2016, MCL 399.833:
Michigan Historical Commission
Mr. Brian J. Egen of 720 O’Brien Street, Monroe, Michigan 48161, county of Monroe, reappointed for a term commencing June 15, 2023 and expiring May 21, 2027.
June 15, 2023
I respectfully submit to the Senate the following appointment to office pursuant to Public Act 96 of 1987, MCL 125.2303 and Executive Reorganization Order No. 2010-5, MCL 125.2291:
Manufactured Housing Commission
Mrs. Bobbie Meehan of 2500 Mann Road, Lot 403, Clarkston, Michigan 48346, county of Oakland, succeeding Martin Boisture who has resigned, appointed to represent licensed mobile home dealers, for a term commencing June 15, 2023 and expiring May 9, 2025.
Respectfully,
Gretchen Whitmer
Governor
The appointments were referred to the
Committee on Government Operations.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Hertel as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4364, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2017 PA 215.
The bill was placed on the order of Third Reading of Bills.
House Bill No. 4362, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 471 (MCL 206.471), as amended by 2011 PA 38, and by adding section 474.
Substitute (S-2).
House Bill No. 4363, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 10105 and 10120 (MCL 333.10105 and 333.10120), section 10105 as amended and section 10120 as added by 2008 PA 39.
Substitute (S-1).
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Bellino’s statement is as follows:
Bonjour, Monsieur President. As the clock ticks toward the July 1 deadline to complete our state budget, the historic building our Governor is closest to isn’t the Capitol Building, it’s the Eiffel Tower. She is closer to the Champs-Élysées than Capitol Avenue. Or, to be fair, perhaps she’s made her way to Bavaria by now, which I hear is beautiful this time of year. It’s hard to keep track, since this is our Governor’s third trip to Europe this year alone. I must admit to a tinge of jealousy at the upgrades she must be getting from those miles. Who knows, maybe she’ll use these miles for another trip to Florida this winter.
Now surely her office and her defenders across the aisle will tell you that it’s an important trade mission, but this is the same Governor who hasn’t brought back state employees to their offices to work full time. She insists they work via Zoom. But as we’ve seen before many times, what’s good for the goose is clearly not good for the gander when it comes to the Governor.
Monsieur President, we all deserve a break, but I don’t think our constituents are asking too much if they expect us to finish our job before taking one. Or three, in the case of the Governor.
Senator Runestad’s statement is as follows:
Well, the Democrats have proposed $823 million in new state pet projects. I’ve expressed some exasperation that some members of the media simply consume uncritically the musings of honey-tongued committee chairs. However, there are also many members of the media willing to really drill down and ask tough questions and not just accept the self-serving platitude of committee chairs.
This week, Jonathan Oosting of Bridge Magazine asked some important chairs tough questions and received some very interesting comments. He reports that the Senate Appropriations Chair indicates they are, “being really intentional about transparency.” Oh she’s absolutely correct; you can take that to the bank. For instance, the bill I sponsored requiring that any of these earmark pork barrel projects must have a requesting legislator’s name associated with the project has been intentionally pitched down into the dungeon of a death committee. My bill requiring the disclosure of any personal financial benefit to a sponsoring legislator or their family member from the earmark has been intentionally shoved off the cliff to hit the rocks of a death committee. The bill requiring at least some demonstrable public community support or need for these projects such as a newspaper report or letter of support from local officials has been, likewise, intentionally knocked down the black hole of a death committee. And of course, the bill to require that all completed appropriations bills must be posted 72 hours in advance of a vote for the media and Legislature to be able to digest has similarly intentionally been sent to a death committee.
The Appropriations Chair is spot-on. All of this anti-sunshine activity has certainly been intentional. The chair adds she is not sure if those “would be considered earmarks, or just us actually looking at things through fresh eyes.” Is there another name for earmarks than earmarks? But she is absolutely correct about the fresh eyes. Fresh, new, wolfish eyes cast upon the hapless, friendless, $9 billion surplus. New pack, new fresh set of wolfish eyes, and same old motivations. The Democrats are trumpeting to the media that they put some early pork projections out, but when questioned further they sheepishly concede that every one of these is totally subject to change at any point. They could easily just slap a brand-new finished product on our desks immediately before a vote. But the gleeful chair says that “it’ll be exciting to see where we are trying to prioritize these state dollars.” Oh yes, ecstatic excitement over these pork barrel appropriation plans. For all too many of the power brokers from both sides, potential spending equates to nothing short of political Spanish fly for stimulating the excitement. Unfortunately for us, the taxpaying public, what is stimulating Spanish fly and exciting for many legislators has the exact opposite effect on the taxpayer.
Finally, the Muskegon Democrat who helped
craft the gigantic LEO budget stated, “There’s a significant amount of one-time
money that our state has right now,” he said, referring to the state’s historic
budget surplus from federal relief dollars. “That might make it look like there’s
a lot more (spending) this year or last year, but I don’t see that happening
forever.” He is “not opposed to discussions” about the earmark process but that
could or should work in the future. Pure political genius, Mr. Chair. In other
words, we have a record amount of money we can blow through a gigantic historic
budget surplus. We don’t see this happening forever, he says, but after we blow
it all in a gigantic pork barrel boondoggle budget and when it’s all gone, then
and only then he will not be opposed to discussions about the earmark process
in the future. Bravo, Mr. Chair. Bravo.
Announcements of Printing and Enrollment
Senate Bill Nos. 392 393 394 395 396 397
House Bill Nos. 4762 4763 4764 4765 4766 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803 4804 4805 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829
House Joint Resolution F
Energy and Environment – Thursday, June 22, 8:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-5323
Labor – Wednesday, June 21, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5314
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 11:31 a.m.
The President pro tempore, Senator Moss, declared the Senate adjourned until Wednesday, June 21, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate