STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Tuesday, March 7, 2023.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
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—present
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 Sue Shink of the 14th District offered the following invocation:
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. Where there is sadness, joy.
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. It is in giving that we receive; it is in pardoning that we are pardoned. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Singh moved that Senator Geiss be temporarily excused from today’s session.
The motion prevailed.
The following communications were received and read:
Office of the Senate Majority Leader
March 2, 2023
Pursuant to rule 3.203(c) I reassign Senate Bills 129-132 to the Committee on Housing and Human Services.
March 2, 2023
Pursuant to rule 3.203(c) I reassign Senate Bills 137 and 138 to the Committee on Housing and Human Services.
Sincerely,
Winnie Brinks
District 29
The communications were referred to the Secretary for record.
The following communication was received and read:
Office of the Auditor General
March 2, 2023
Enclosed is a copy of the following report:
• Report on internal control over financial reporting of the State of Michigan Postemployment Life Insurance Benefit Plan’s schedule of employer allocations and schedule of other postemployment benefit amounts by employer (071-0168-22).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Oversight.
Senate Resolution No. 15.
A resolution to urge the United States Congress to allocate $425 million for the Great Lakes Restoration Initiative in the Fiscal Year 2024 budget.
Senate Concurrent Resolution No. 6.
A concurrent resolution to urge the United States Congress to allocate $425 million for the Great Lakes Restoration Initiative in the Fiscal Year 2024 budget.
The motion
prevailed.
Senate Bill No. 18
The motion prevailed, a majority of the members serving voting therefor.
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, Lieutenant Governor Gilchrist.
During the recess, Senator Geiss entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to require employers to disclose family leave policies to employees and potential employees; to provide for the powers and duties of certain state and local governmental officers and entities; and to prohibit failing to disclose family leave policies and prescribe civil sanctions.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators McMorrow, Moss, Irwin, Webber, Huizenga, Wojno, Polehanki, Chang, Hoitenga, Klinefelt, Singh, Santana, Shink and Bayer introduced
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537a (MCL 436.1537a), as amended by 2021 PA 64.
The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.
Senators McMorrow, Irwin, Chang, Polehanki, Singh, Santana and Shink introduced
A bill to amend 1978 PA 397, entitled “Bullard-Plawecki employee right to know act,” (MCL 423.501 to 423.512) by amending the title and by adding section 9a.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators McMorrow, Irwin, Wojno, Chang, Polehanki, Singh, Klinefelt, Santana, Shink and Cavanagh introduced
A bill to amend 1984 PA 274, entitled “Michigan antitrust reform act,” by amending section 4a (MCL 445.774a), as added by 1987 PA 243.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators McDonald Rivet, Polehanki, Camilleri, McMorrow, Irwin, Cavanagh, Singh, Chang, Klinefelt, Shink, Cherry, Santana, Bayer, Hertel and Anthony introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 272a.
The
bill was read a first and second time by title and referred to the Committee on
Housing and Human Services.
Senators Outman, Wojno, Santana, Klinefelt, Chang and Huizenga introduced
A bill to create the Michigan public safety citizen communications system modernization program; to provide for the use of certain systems; to create the Michigan public safety citizen communications system modernization fund and provide for the distribution of money from the fund; to provide for appropriations; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Veterans and Emergency Services.
Senators Wojno, Outman, Santana, Klinefelt, Chang and Huizenga introduced
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” (MCL 780.751 to 780.834) by adding section 3a.
The bill was read a first and second time by title and referred to the Committee on Veterans and Emergency Services.
Senator Geiss introduced
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” 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 2009 PA 190.
The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.
Senators Polehanki, Hertel, McMorrow, Bayer, Cavanagh, Shink, Wojno, Klinefelt, McCann and Chang introduced
A bill to amend 1969 PA 224, entitled “An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,” by amending section 12 (MCL 287.392) and by adding sections 11a and 12a.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Agriculture.
Senators Hertel, Polehanki, McMorrow, Cavanagh, Shink, Wojno, Klinefelt, McCann, Chang, Bayer and Anthony introduced
A bill to amend 1969 PA 224, entitled “An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,” by amending the title and sections 1 and 7 (MCL 287.381 and 287.387) and by adding section 8a.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Agriculture.
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 14 and 15 (MCL 750.14 and 750.15).
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.
Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A
bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by
amending section 16a of chapter XVII (MCL 777.16a), as amended by 2010 PA 97.
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.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Damoose as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 35, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10d (MCL 400.10d), as added by 2012 PA 79.
A bill 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.
The bills were placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 63, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2016 PA 319.
The question being on the passage of the bill,
Senator Theis offered the following amendment:
1. Amend page 3, line 5, after “years.” by inserting “For a sinking fund tax authorized on or after the effective date of the amendatory act that added this sentence, the sinking fund tax may be levied each year for a period not to exceed either of the following, whichever is less:
(i) The life of the authorized purpose for which the tax was levied.
(ii) 60 months.”.
The question being on the adoption of the amendment,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 33 Yeas—17
Albert Hauck Lauwers Runestad
Bellino Hoitenga Lindsey Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose
Nays—21
Anthony Cherry McBroom Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McDonald Rivet Shink
Camilleri Irwin McMorrow Singh
Cavanagh Klinefelt Moss Wojno
Chang
Excused—0
Not Voting—0
In The Chair: President
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 34 Yeas—28
Anthony Cherry Klinefelt Outman
Bayer Daley Lindsey Polehanki
Bellino Damoose McBroom Santana
Brinks Geiss McCann Shink
Camilleri Hertel McDonald Rivet Singh
Cavanagh Huizenga McMorrow Webber
Chang Irwin Moss Wojno
Nays—10
Albert Hoitenga Nesbitt Theis
Bumstead Johnson Runestad Victory
Hauck Lauwers
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The
motion prevailed.
Senator Theis’ statement is as follows:
My amendment is very simple. One of the fundamental aspects of good financial policy is to not borrow beyond the life expectancy of the thing we are buying. Historically, Treasury has looked at this and they made useful life limitations. My amendment simply requires that we not tax our population beyond the useful life of the item for which we are purposing the tax, or five years, whichever is less. Now, schools might have issue with the five years because of the opportunity that they have for taxation, but they can always go out on the fourth year to renew the millage if they think it needs to keep going and let the people actually address this new tax that they’re going to be assessed. Thank you and I ask for a “yes” vote on this amendment.
Senator Polehanki’s first statement is as follows:
The Theis amendment takes away local control from voters and local leaders who are quite capable of deciding as a community how long their sinking fund proposals should be. I urge a “no” vote.
Senator Polehanki’s second statement is as follows:
I’m happy to speak in favor of my bill, Senate Bill No. 63, which has bipartisan support coming out of committee. The bill is simple—it gives flexibility to Michigan’s public schools to allow for sinking fund ballot language to include school bus purchases and some types of bus maintenance. Sinking funds are voter-approved measures that allow for the purchase of real estate, construction or repair of school buildings, school security improvements, or the acquisition or upgrading of technology. When a school district asks voters to approve or renew its sinking funds, voters within the borders of a school district will be able to decide whether to support the measure for their community.
Educators have asked for this flexibility, which is why I chose to sponsor this bill. I agree with them that more flexibility is needed for all districts, and in particular, districts in rural areas whose buses experience more wear and tear based on longer distances traveled. Buses in rural districts can traverse four or five times the average mileage of suburban or urban districts. It’s my hope that we can pass this legislation in a timely manner because school districts that have upcoming ballot measures would benefit from this change in this year’s elections. The safe transportation of students requires reliable buses with up-to-date safety features.
This bill would give school districts another financial tool to improve their transportation fleet. According to the Senate Fiscal Agency, the bill would have no fiscal impact on the state. I am asking for my colleagues’ support of this bill.
By unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was received:
Office of Senator Joseph N. Bellino Jr.
March 7, 2023
I write today to respectfully request that my name be removed as a co-sponsor on Senate Bills 35 and 63. If you have any questions about this request, please don’t hesitate to contact me or my staff. Thank you.
Sincerely,
Joseph Bellino
State Senator – District 16
The communication was referred to the Secretary for record.
Announcements of Printing and Enrollment
The Secretary announced that the following bills were printed and filed on Thursday, March 2, and are available on the Michigan Legislature website:
Senate Bill Nos. 126 127 128 129 130 131 132 133 134 135 136 137 138 139
House Bill Nos. 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173
Committee Reports
The Committee on Civil Rights, Judiciary, and Public Safety reported
Senate Bill No. 18, entitled
A bill 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.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Stephanie Chang
Chairperson
To Report Out:
Yeas: Senators Chang, Shink, Wojno, Santana, Runestad and Johnson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Civil Rights, Judiciary, and Public Safety reported
Senate Bill No. 32, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478).
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Stephanie Chang
Chairperson
To Report Out:
Yeas: Senators Chang, Shink, Wojno, Santana and Johnson
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 Civil Rights, Judiciary, and Public Safety submitted the following:
Meeting held on Thursday, March 2, 2023, at 12:00 noon, Room 1100, Binsfeld Office Building
Present: Senators Chang (C), Shink, Wojno, Irwin, Santana, Runestad and Johnson
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on DHHS submitted the following:
Meeting held on Thursday, March 2, 2023, at 4:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Santana (C), McDonald Rivet, Irwin, Cavanagh, Cherry, Bayer, Outman, Theis, Huizenga and Hauck
Excused: Senator Camilleri
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Transportation submitted the following:
Meeting held on Thursday, March 2, 2023, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Klinefelt (C), McCann, Camilleri and Damoose
Excused: Senators Hertel and Bumstead
Appropriations – Wednesday, March 8, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Subcommittees –
Agriculture and Natural Resources – Wednesday, March 8, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-2768
Corrections and Judiciary – Thursday, March 9, 2:00 p.m., or immediately following session, Room 1200, Binsfeld Office Building (517) 373-2768
General Government – Wednesday, March 8, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
LEO/MEDC – Wednesday, March 8, 3:00 p.m., or immediately following session, Room 1200, Binsfeld Office Building (517) 373-2768
MDE – Thursday, March 9, 9:00 a.m., Room 403, 4th Floor, Capitol Building (517) 373-2768
Transportation – Thursday, March 9, 3:00 p.m., or immediately following session, Room 1200, Binsfeld Office Building (517) 373-2768
Universities and Community Colleges – Wednesday, March 8, 9:00 a.m., Room 1100, Binsfeld Office Building (517) 373-2768
Civil Rights, Judiciary and Public Safety – Thursday, March 9, 11:00 a.m., or immediately following session, Room 1100, Binsfeld Office Building (517) 373-5312
Energy and Environment – Thursday, March 9, 1:30 p.m., Room 403, 4th Floor, Capitol Building (517) 373-5323
Finance, Insurance and Consumer Protection – Wednesday, March 8, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5314
Health Policy – Wednesday, March 8, 12:30 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Regulatory Affairs – Thursday, March 9, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-1721
Veterans and Emergency Services – Wednesday, March 8, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5312
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 11:14 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Wednesday, March 8, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate