No. 63

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, June 28, 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—excused                           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 Jeremy Moss of the 7th District offered the following invocation:

After the flood, God promised Noah that He would never again bring a flood that would destroy the world. A rainbow is a reminder of this covenant that God made with Noah, his descendants, and all living creatures.

בָּרוּךְ אַתָּה ה’ אֶלוֹהֵינוּ מֶלֶךְ הָעוֹלָם זוֹכֵר הַבְּרִית וְנֶאֱמָן בִּבְרִיתוֹ וְקַיָם בְּמַאֲמָרוֹ

Baruch ata Ado-nai Elo-heinu melech ha’olam zocher ha’brit v’ne’eman bivrito v’kayam b’ma’amaro.

Blessed are You, Lord our God, King of the universe, who remembers the covenant, and is faithful to His covenant, and keeps His promise. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

Senator Brinks entered the Senate Chamber.

 

 

Motions and Communications

 

 

Senator Theis moved that Senators Hoitenga and McBroom be temporarily excused from today’s session.

The motion prevailed.

 

Senator Theis moved that Senator Lauwers be excused from today’s session.

The motion prevailed.

 

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

The motion prevailed.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator Anthony entered the Senate Chamber.

 

Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Irwin 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. 148, entitled

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.

 

 

Senate Bill No. 149, entitled

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 bills were placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 176, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 330, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7c.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 364, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 53b (MCL 211.53b), as amended by 2022 PA 141.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

During the Committee of the Whole, Senator Hoitenga entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 148

Senate Bill No. 149

Senate Bill No. 176

Senate Bill No. 330

Senate Bill No. 364

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Santana, Chang, Bayer, Wojno, Shink and Geiss introduced

Senate Bill No. 418, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2019 PA 114.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Santana, Chang, Bayer, Wojno, Shink and Geiss introduced

Senate Bill No. 419, entitled

A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 2, 3, 6, and 9 (MCL 722.822, 722.823, 722.826, and 722.829), section 2 as amended by 2019 PA 101 and section 6 as amended by 1996 PA 137.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Irwin, Chang, Bayer, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 420, entitled

A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 5 and 6 (MCL 722.825 and 722.826), as amended by 1996 PA 137.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

Senators Klinefelt, Irwin, Chang, Bayer, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 421, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2022 PA 209.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators McDonald Rivet, Wojno, Irwin, Chang, Bayer, Shink, Geiss and Santana introduced

Senate Bill No. 422, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2f of chapter XIIA (MCL 712A.2f), as added by 2016 PA 185.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Victory, Chang, Wojno, Bayer, Shink, Geiss and Santana introduced

Senate Bill No. 423, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 15 and 16 of chapter XIIA (MCL 712A.15 and 712A.16), section 15 as amended by 2020 PA 389 and section 16 as amended by 2019 PA 102.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Shink, Bayer, Irwin, Chang, Wojno, Geiss and Santana introduced

Senate Bill No. 424, entitled

A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by 2019 PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Shink, Irwin, Chang, Bayer, Wojno, Geiss and Santana introduced

Senate Bill No. 425, entitled

A bill to amend 1978 PA 620, entitled “Appellate defender act,” by amending the title and sections 2, 4, 6, and 7 (MCL 780.712, 780.714, 780.716, and 780.717) and by adding sections 1a and 8a.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Wojno, Chang, Bayer, Shink, Geiss and Santana introduced

Senate Bill No. 426, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 117k.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators McMorrow, Irwin, Chang, Bayer, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 427, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2d, 2f, and 4 of chapter XIIA (MCL 712A.2d, 712A.2f, and 712A.4), section 2d as amended by 2020 PA 389, section 2f as added by 2016 PA 185, and section 4 as amended by 1996 PA 409.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

Senators Chang, Santana, Irwin, Bayer, Shink, Wojno and Geiss introduced

Senate Bill No. 428, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2f, 18, 28, and 29 (MCL 712A.2f, 712A.18, 712A.28, and 712A.29), section 2f as added by 2016 PA 185, section 18 as amended by 2022 PA 209, section 28 as amended by 2020 PA 362, and section 29 as amended by 2003 PA 74, and by adding section 29a to chapter XIIA; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Irwin, Chang, Bayer, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 429, entitled

A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending section 6 (MCL 28.176), as amended by 2018 PA 310.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Geiss, Chang, Irwin, Bayer, Shink, Wojno and Santana introduced

Senate Bill No. 430, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4803 (MCL 600.4803), as amended by 1996 PA 374.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Moss, Santana, Chang, Irwin, Wojno, Bayer, Shink and Geiss introduced

Senate Bill No. 431, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Victory, Santana, Irwin, Wojno, Bayer, Shink and Geiss introduced

Senate Bill No. 432, entitled

A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending the title and sections 1, 2, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11, and 12 (MCL 722.921, 722.922, 722.923, 722.924, 722.925, 722.925a, 722.926, 722.927, 722.928, 722.929, 722.930, 722.931, and 722.932), the title and sections 3, 5, and 11 as amended by 2004 PA 560, sections 2 and 6 as amended by 2020 PA 186, sections 4 and 10 as amended by 2014 PA 243, section 5a as amended by 2014 PA 455, sections 7 and 8 as amended by 2013 PA 38, and section 9 as amended by 2020 PA 185.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Johnson, Irwin, Wojno, Bayer, Victory, Shink, Geiss and Santana introduced

Senate Bill No. 433, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 115m (MCL 400.115m), as amended by 2014 PA 308.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators McCann, Chang, Irwin, Bayer, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 434, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 67 and 68 of chapter X and section 19b of chapter XIIA (MCL 710.67, 710.68, and 712A.19b), section 67 of chapter X as amended by 1994 PA 373, section 68 of chapter X as amended by 2012 PA 385, and section 19b of chapter XIIA as amended by 2018 PA 58.

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, Chang, Irwin, Bayer, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 435, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 5a and 10 (MCL 722.115a and 722.120), section 5a as added by 1994 PA 205 and section 10 as amended by 2022 PA 69.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Damoose, Chang, Irwin, Victory and Santana introduced

Senate Bill No. 436, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7, 7b, and 7k (MCL 722.627, 722.627b, and 722.627k), section 7 as amended by 2022 PA 68, section 7b as amended by 2011 PA 89, and section 7k as added by 2011 PA 67.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Chang, Bayer, Irwin, Shink, Wojno, Geiss and Santana introduced

Senate Bill No. 437, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 5, 8a, 8b, and 8d (MCL 722.955, 722.958a, 722.958b, and 722.958d), section 8a as added by 2014 PA 524, section 8b as added by 2018 PA 489, and section 8d as added by 2018 PA 632.

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, Geiss, Wojno, Klinefelt and Moss introduced

Senate Bill No. 438, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 701 and 703 (MCL 206.701 and 206.703), section 701 as amended by 2022 PA 148 and section 703 as amended by 2016 PA 158, and by adding sections 285 and 677.

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

 

 

Senators Polehanki, Geiss, Wojno, Klinefelt and Moss introduced

Senate Bill No. 439, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 29, 29a, 29b, and 29d (MCL 125.2029, 125.2029a, 125.2029b, and 125.2029d), sections 29 and 29b as added by 2008 PA 75, section 29a as amended by 2011 PA 291, and section 29d as amended by 2020 PA 199; and to repeal acts and parts of acts.

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

 

 

House Bill No. 4082, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 23b.

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 Labor.

House Bill No. 4352, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 642 (MCL 257.642), as amended by 2022 PA 179.

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 Transportation and Infrastructure.

 

 

House Bill No. 4353, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651), as amended by 2012 PA 390.

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 Transportation and Infrastructure.

 

 

House Bill No. 4520, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 2016 PA 87 and section 81a as amended by 2012 PA 366.

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 Civil Rights, Judiciary, and Public Safety.

 

 

House Bill No. 4521, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 82 (MCL 750.82), as amended by 1994 PA 158.

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 Civil Rights, Judiciary, and Public Safety.

 

 

House Bill No. 4569, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 495, 509o, 509q, 509r, 509gg, and 516 (MCL 168.495, 168.509o, 168.509q, 168.509r, 168.509gg, and 168.516), section 495 as amended by 2018 PA 603, section 509o as amended by 2022 PA 195, section 509q as amended by 2020 PA 302, sections 509r and 516 as amended by 2018 PA 125, and section 509gg as amended by 2014 PA 94, and by adding section 496a.

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 Elections and Ethics.

 

 

House Bill No. 4602, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 18c.

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 Veterans and Emergency Services.

 

 

House Bill No. 4644, entitled

A bill to adopt the uniform power of attorney act; and to repeal acts and parts of acts.

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 Civil Rights, Judiciary, and Public Safety.

 

 

House Bill No. 4645, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101b (MCL 324.20101b), as amended by 2000 PA 368.

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 Civil Rights, Judiciary, and Public Safety.

 

 

House Bill No. 4646, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 10121 and 10301 (MCL 333.10121 and 333.10301), section 10121 as added by 2008 PA 39 and section 10301 as added by 2012 PA 179.

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 Civil Rights, Judiciary, and Public Safety.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:23 a.m.

 

11:41 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator McBroom entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

The following bill was read a third time:

House Bill No. 4084, entitled

A bill to amend 2014 PA 92, entitled “State essential services assessment act,” (MCL 211.1051 to 211.1061) by adding section 7a.

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. 417                                           Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4317, entitled

A bill to provide for the establishment of solar energy districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax on the owners or lessees of certain qualified facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; and to prescribe the powers and duties of certain state and local governmental officials.

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. 418                                           Yeas—27

 

 

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hauck                                McMorrow                        Singh

Cavanagh                           Hertel                                 Moss                                 Webber

Chang                                Huizenga                            Nesbitt                               Wojno

Cherry                               Irwin                                  Outman                            

 

 

                                                                     Nays—10

 

 

Albert                                Hoitenga                            McBroom                          Theis

Bellino                               Johnson                             Runestad                           Victory

Bumstead                           Lindsey                                                                      

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4318, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9 and 9f (MCL 211.9 and 211.9f), section 9 as amended by 2011 PA 290 and section 9f as amended by 2017 PA 261.

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. 419                                           Yeas—27

 

 

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hauck                                McMorrow                        Singh

Cavanagh                           Hertel                                 Moss                                 Webber

Chang                                Huizenga                            Nesbitt                               Wojno

Cherry                               Irwin                                  Outman                            

 

 

                                                                     Nays—10

 

 

Albert                                Hoitenga                            McBroom                          Theis

Bellino                               Johnson                             Runestad                           Victory

Bumstead                           Lindsey                                                                      

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

Senator Singh moved that the Senate proceed to consideration of the following bills:

Senate Bill No. 176

Senate Bill No. 330

Senate Bill No. 364

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 176, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

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. 420                                           Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                                                                                                                  

 

 

                                                                      Nays—0

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 330, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7c.

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. 421                                           Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 364, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 53b (MCL 211.53b), as amended by 2022 PA 141.

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. 422                                           Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that rule 2.106 be suspended to allow committees to meet during Senate session.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Recess

 

 

Senator Singh moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 11:52 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Gilchrist.

 

 

The following communication was received and read:

Office of the Auditor General

June 27, 2023

Enclosed is a copy of the following report:

•    Performance audit report on Fingerprinting and Criminal Conviction Monitoring of Public School Contracted Staff, Michigan Department of Education (313-0640-21).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

Messages from the House

 

 

The House of Representatives returned, in accordance with the request of the Senate

House Bill No. 4294, entitled

A bill to amend 1887 PA 128, entitled “An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act,” by amending section 3 (MCL 551.103), as amended by 2006 PA 578.

The bill was placed on the order of Third Reading of Bills.

 

 

Recess

 

 

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

The motion prevailed, the time being 1:31 p.m.

 

2:24 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

The following communication was received:

Office of Senator Kevin Hertel

June 28, 2023

I am writing to respectfully request that I be added as a co-sponsor to Senate Bills 406 and 407, sponsored by Senator Anthony. If you have any questions or concerns, please do not hesitate to contact me by email at SenKHertel@senate.michigan.gov or by phone at 517-373-7315.

                                                                                       Sincerely,

                                                                                       Senator Kevin Hertel

                                                                                       District 12

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Roger Victory

June 28, 2023

Please add my name to co-sponsor SB 446.

                                                                                       Roger Victory

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Michael Webber

June 28, 2023

Please remove me from sponsoring SB 446.

                                                                                       Michael Webber

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Office of Senator Paul Wojno

June 28, 2023

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bills 401, 402, and 403 which were introduced on June 22, 2023.

June 28, 2023

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 436, which was introduced on June 28, 2023.

 

June 28, 2023

I am writing to respectfully request that my name be removed as a co-sponsor to Senate Bill 446, sponsored by Senator Webber.

                                                                                       Warmest regards,

                                                                                       Paul Wojno

                                                                                       State Senator

                                                                                       10th District

The communications were referred to the Secretary for record.

 

 

Senator Singh moved that the Committee on Transportation and Infrastructure be discharged from further consideration of the following bill:

House Bill No. 4689, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending section 67 (MCL 250.1067), as added by 2003 PA 195.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Senator Singh moved that the Committee on Education be discharged from further consideration of the following bill:

House Bill No. 4820, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1248 (MCL 380.1248), as added by 2011 PA 102.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Senator Singh moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 281

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Irwin 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 bill:

House Bill No. 4689, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending section 67 (MCL 250.1067), as added by 2003 PA 195.

The bill was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 281, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2094.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4689

Senate Bill No. 281

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

Senator Singh moved that the Senate proceed to consideration of the following bills:

House Bill No. 4689

Senate Bill No. 148

Senate Bill No. 149

Senate Bill No. 281

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4689, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” by amending section 67 (MCL 250.1067), as added by 2003 PA 195.

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. 423                                           Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 148, entitled

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 question being on the passage of the bill,

Senator Polehanki offered the following substitute:

Substitute (S-1).

The question being on the adoption of the substitute,

Senator Daley offered the following amendments to the substitute:

1.  Amend page 2, line 15, after “than” by striking out “$3,000.00.” and inserting “$1,000.00.”.

2.  Amend page 2, line 17, after “than” by striking out “$6,000.00.” and inserting “$2,000.00.”.

3.  Amend page 2, line 21, by striking out “$9,000.00.” and inserting “$3,000.00.”.

4.  Amend page 2, line 25, by striking out “$15,000.00.” and inserting “$5,000.00”.

5.  Amend page 2, line 28, after “than” by striking out “$30,000.00.” and inserting “$10,000.00.”.

The amendments to the substitute were adopted.

 

Senator Victory offered the following amendments to the substitute:

1.  Amend page 1, line 1, after “11a.” by inserting “(1)”.

2.  Amend page 2, following line 6, by inserting:

     “(2) The department shall use the information provided on a report submitted under subsection (1) for purposes of determining compliance under section 8a and shall not make any information provided on the report available on the department’s website.”.

The amendments to the substitute were adopted.

 

 Senator Nesbitt offered the following amendment to the substitute:

1.  Amend page 2, line 4, after “facility” by inserting a period and striking out the balance of the section.

The amendment to the substitute was adopted.

 

Senator Nesbitt offered the following amendments to the substitute:

1.  Amend page 1, line 2, by striking out “laboratory animals” and inserting “dogs or cats”.

2.  Amend page 1, line 5, after “of” by striking out “laboratory animals” and inserting “dogs and cats”.

3.  Amend page 2, line 1, after “of” by striking out “laboratory animals” and inserting “dogs and cats”.

4.  Amend page 2, line 3, after “of” by striking out “laboratory animals” and inserting “dogs and cats”.

5.  Amend page 2, line 5, after “a” by striking out “laboratory animal” and inserting “dog or cat”.

6.  Amend page 2, line 14, after “1” by striking out “laboratory animal,” and inserting “dog or cat,”.

7.  Amend page 2, line 16, after “3” by striking out “laboratory animals,” and inserting “dogs or cats,”.

8.  Amend page 2, line 18, after “more” by striking out “laboratory animals” and inserting “dogs or cats”.

9.  Amend page 2, line 19, after “10” by striking out “laboratory animals” and inserting “dogs or cats”.

10. Amend page 2, line 22, after “more” by striking out “laboratory animals” and inserting “dogs or cats”.

11. Amend page 2, line 23, after “25” by striking out “laboratory animals” and inserting “dogs or cats”.

12. Amend page 2, line 26, after “more” by striking out “laboratory animals” and inserting “dogs or cats”.

The amendments to the substitute were adopted.

The question being on the adoption of the substitute as amended,

The substitute as amended was adopted, a majority of the members serving voting therefor.

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. 424                                           Yeas—27

 

 

Anthony                             Daley                                 Klinefelt                            Santana

Bayer                                 Damoose                            McCann                             Shink

Brinks                                Geiss                                 McDonald Rivet                 Singh

Camilleri                            Hertel                                 McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

Cherry                               Johnson                             Polehanki                         

 

 

                                                                     Nays—10

 

 

Albert                                Hauck                                McBroom                          Runestad

Bellino                               Hoitenga                            Outman                             Theis

Bumstead                           Lindsey                                                                      

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Protests

 

 

Senators McBroom, Bellino and Lindsey, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 148.

Senator McBroom moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator McBroom’s statement, in which Senators Bellino and Lindsey concurred, is as follows:

Mr. President, there’s no doubt about the emotional appeal of this legislation and about the legitimate compassion we can feel towards animals. The emotional attachments we make with our pets are very real, and I don’t downplay that at all. However, I don’t feel that mandating this program on what is already a very difficult and expensive enterprise of doing testing, and particularly when we look at the work that MSU does for agriculture, is an appropriate expense for the state to mandate on these facilities.

I’m completely okay with making it permissive, and certainly would like to encourage these facilities to do these types of programs whenever possible and feasible, but we are adding to the costs of the medications that we are constantly saying cost us too much. We are adding to other costs and programs and going to make them more difficult to facilitate right here in Michigan. I don’t think that is a wise move for us.

Finally, I think that the program potentially violates article 8, section 9 of the Michigan Constitution, which requires that fines that are assessed and collected be placed into the library fund, because it is absolutely critical that those who are granted the power to penalize not be allowed to profit from that work. So therefore I will be voting “no.”

 

 

Senator Polehanki asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Polehanki’s statement is as follows:

We have an opportunity to do a really good thing today and I want to thank my colleague from the 12th District for us working together on saving hundreds of dogs and cats after their time in a research lab. Dogs and cats that are typically perfectly adoptable, but that are typically euthanized after their time in a lab.

Of the roughly 600 dogs that are euthanized every year in Michigan, a good portion of them are beagles. Why beagles? Because they are docile, trusting, and forgiving. Teddy was—is, Teddy is alive—one of 32 beagles rescued from a Michigan lab in 2019 following reports of an undercover investigation. The report revealed that Teddy and dozens of other dogs were being force-fed fungicide every day, up to a year, to test the substance’s toxicity. Thankfully, Teddy and all 32 beagles were adopted into loving homes instead of being euthanized.

These dogs don’t have names, they have tattoos. These dogs have never played on the grass. These dogs have never played with another dog. If you vote “yes” today, all that has to end. Dogs that are able to be adopted after medical research will be required to be adopted by law. I hope you can do this very heartwarming and good thing today by voting “yes.”

 

 

The following bill was read a third time:

Senate Bill No. 149, entitled

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 question being on the passage of the bill,

Senator Hertel offered the following substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

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. 425                                           Yeas—31

 

 

Albert                                Daley                                 Johnson                             Santana

Anthony                             Damoose                            Klinefelt                            Shink

Bayer                                 Geiss                                 McCann                             Singh

Brinks                                Hauck                                McDonald Rivet                 Theis

Camilleri                            Hertel                                 McMorrow                        Victory

Cavanagh                           Hoitenga                            Moss                                 Webber

Chang                                Huizenga                            Nesbitt                               Wojno

Cherry                               Irwin                                  Polehanki                         

 

 

                                                                      Nays—6

 

 

Bellino                               Lindsey                              Outman                             Runestad

Bumstead                           McBroom                                                                   

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

Recess

 

 

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

The motion prevailed, the time being 2:47 p.m.

 

4:05 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

 

The following bill was read a third time:

Senate Bill No. 281, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406aa.

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. 426                                           Yeas—36

 

 

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lindsey                             Runestad

Bellino                               Geiss                                 McBroom                          Santana

Brinks                                Hauck                                McCann                             Shink

Bumstead                           Hertel                                 McDonald Rivet                 Singh

Camilleri                            Hoitenga                            McMorrow                        Theis

Cavanagh                           Huizenga                            Moss                                 Victory

Chang                                Irwin                                  Nesbitt                               Webber

Cherry                               Johnson                             Outman                             Wojno

 

 

                                                                      Nays—1

 

 

Albert                                                                                                                   

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Senator Singh moved to reconsider the vote by which the following bill was passed:

House Bill No. 4294, entitled

A bill to amend 1887 PA 128, entitled “An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act,” by amending section 3 (MCL 551.103), as amended by 2006 PA 578.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Senator Anthony offered the following amendment:

1.  Amend page 4, line 3, after “1,500,000” by striking out “based on the 2010 federal decennial census”.

The amendment was adopted, a majority of the members serving voting therefor.

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. 427                                           Yeas—31

 

 

Albert                                Chang                                Irwin                                 Polehanki

Anthony                             Cherry                               Johnson                             Santana

Bayer                                 Daley                                 Klinefelt                            Shink

Bellino                               Damoose                            McCann                             Singh

Brinks                                Geiss                                 McDonald Rivet                 Victory

Bumstead                           Hauck                                McMorrow                        Webber

Camilleri                            Hertel                                 Moss                                 Wojno

Cavanagh                           Huizenga                            Nesbitt                              

 

 

                                                                      Nays—6

 

 

Hoitenga                            McBroom                          Runestad                           Theis

Lindsey                              Outman                                                                      

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that a respectful message be sent to the House of Representatives requesting the return of the following bills:

House Bill No. 4696

House Bill No. 4084

The motion prevailed.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 14, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32 and 45 (MCL 24.232 and 24.245), as amended by 2018 PA 602.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment, printing and presentation to the Governor.

Senate Bill No. 129, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending the title and sections 2, 8, 8a, 13, 13b, 13c, 14, 14a, 15, and 16 (MCL 125.2652, 125.2658, 125.2658a, 125.2663, 125.2663b, 125.2663c, 125.2664, 125.2664a, 125.2665, and 125.2666), the title as amended by 2003 PA 259, section 2 as amended by 2022 PA 178, sections 8, 13, 13b, 15, and 16 as amended by 2020 PA 259, section 8a as amended by 2017 PA 46, sections 13c and 14a as amended by 2021 PA 138, and section 14 as amended by 2016 PA 471.

The House of Representatives has substituted (H-5) the bill.

The House of Representatives has passed the bill as substituted (H-5), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1996 PA 381, entitled “An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,” by amending the title and sections 2, 8, 8a, 11, 13, 13b, 13c, 14, 14a, 15, and 16 (MCL 125.2652, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2663b, 125.2663c, 125.2664, 125.2664a, 125.2665, and 125.2666), the title as amended by 2003 PA 259, section 2 as amended by 2022 PA 178, sections 8, 13, 13b, 15, and 16 as amended by 2020 PA 259, sections 8a and 11 as amended by 2017 PA 46, sections 13c and 14a as amended by 2021 PA 138, and section 14 as amended by 2016 PA 471.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 428                                           Yeas—25

 

 

Anthony                             Damoose                            McBroom                          Santana

Bayer                                 Geiss                                 McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Camilleri                            Huizenga                            McMorrow                        Victory

Cavanagh                           Irwin                                  Moss                                 Webber

Chang                                Klinefelt                             Polehanki                          Wojno

Cherry                                                                                                                  

 

 

                                                                     Nays—12

 

 

Albert                                Daley                                 Johnson                             Outman

Bellino                               Hauck                                Lindsey                             Runestad

Bumstead                           Hoitenga                            Nesbitt                               Theis

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 130, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7gg (MCL 211.7gg), as added by 2003 PA 261.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 131, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4dd (MCL 205.94dd), as added by 2017 PA 49.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 132, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4d (MCL 205.54d), as amended by 2017 PA 48.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 141, entitled

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 House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 209, entitled

A bill to amend 1921 PA 352, entitled “An act to prohibit the marriage of a person under 16 years of age and to declare the marriage void,” by amending the title and section 1 (MCL 551.51), as amended by 1983 PA 198.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the be laid over one day,

Senator Singh moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the substitute made to the bill by the House,

Senator Runestad offered the following amendment to the House substitute:

1.  Amend page 2, following line 6, by inserting:

     “(3) The age for sexual contact or sexual penetration in this state is 18 years of age.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 429                                           Yeas—36

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lindsey                             Santana

Bellino                               Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—1

 

 

Runestad                                                                                                              

 

 

In The Chair: President

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senator Runestad asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Runestad’s statement is as follows:

I rise to speak to my amendment raising the age for sexual conduct or sexual penetration in the state to the age of 18. Mr. President, I sincerely hope the majority party will support my amendment and not defend or support men having sex with children because if they do, then we will be in the majority for the next 40 years.

Senate Bill No. 212, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2519, 5103, 5204, 5206, and 5215 (MCL 700.2519, 700.5103, 700.5204, 700.5206, and 700.5215), section 2519 as amended by 2010 PA 325, section 5103 as amended by 2016 PA 483, section 5204 as amended by 2005 PA 204, and section 5215 as amended by 2020 PA 365.

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 pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 430                                           Yeas—36

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lindsey                             Santana

Bellino                               Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—1

 

 

Runestad                                                                                                              

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 213, entitled

A bill to amend 1968 PA 293, entitled “An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors,” by amending sections 4 and 4e (MCL 722.4 and 722.4e), section 4 as amended by 1998 PA 509 and section 4e as added by 1988 PA 403.

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

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 216, entitled

A bill to amend 2018 PA 434, entitled “Safe families for children act,” by amending section 5 (MCL 722.1555).

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senator Singh moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 339

The motion prevailed.

 

 

Senate Bill No. 339, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 764c (MCL 168.764c), as amended by 2018 PA 120.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment, printing and presentation to the Governor.

 

 

Senate Bill No. 367, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 570, 662, 668b, 674, 736b, 736c, 736d, 736e, 795b, and 797a (MCL 168.570, 168.662, 168.668b, 168.674, 168.736b, 168.736c, 168.736d, 168.736e, 168.795b, and 168.797a), section 570 as amended by 2017 PA 113, section 662 as amended by 2022 PA 219, section 668b as added by 2018 PA 614, section 674 as amended by 2018 PA 120, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, section 795b as amended by 1990 PA 109, and section 797a as amended by 1996 PA 583, and by adding sections 8, 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i, and 720j.

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 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 570, 662, 668b, 674, 736b, 736c, 736d, 736e, 764a, 764b, 764d, 765, 765a, 765b, 768, 769, 795b, 797a, 798b, and 805 (MCL 168.570, 168.662, 168.668b, 168.674, 168.736b, 168.736c, 168.736d, 168.736e, 168.764a, 168.764b, 168.764d, 168.765, 168.765a, 168.765b, 168.768, 168.769, 168.795b, 168.797a, 168.798b, and 168.805), section 570 as amended by 2017 PA 113, section 662 as amended by 2022 PA 219, section 668b as added by 2018 PA 614, sections 674 and 764b as amended by 2018 PA 120, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, section 764a as amended by 2023 PA 25, section 764d as added by 2020 PA 95, sections 765 and 765b as amended by 2022 PA 195, section 765a as amended by 2020 PA 177, section 769 as amended by 1995 PA 261, sections 795b and 798b as amended by 1990 PA 109, section 797a as amended by 1996 PA 583, and section 805 as amended by 2000 PA 207, and by adding sections 8, 523b, 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i, 720j, 765c, and 768a; and to repeal acts and parts of acts.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 431                                           Yeas—23

 

 

Anthony                             Cherry                               McBroom                          Polehanki

Bayer                                 Geiss                                 McCann                             Santana

Brinks                                Hertel                                 McDonald Rivet                 Shink

Camilleri                            Huizenga                            McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

Chang                                Klinefelt                             Nesbitt                              

 

 

                                                                     Nays—14

 

 

Albert                                Damoose                            Lindsey                             Theis

Bellino                               Hauck                                Outman                             Victory

Bumstead                           Hoitenga                            Runestad                           Webber

Daley                                 Johnson                                                                      

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Protest

 

 

Senator Johnson, under her constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No. 367 and moved that the statement she made during the discussion of the substitute be printed as her reasons for voting “no.”

The motion prevailed.

Senator Johnson’s statement is as follows:

I rise to urge my colleagues to vote “no” on concurring in the House substitute to Senate Bill No. 367. The House substitute incorporates the content of Senate Bill No. 387 which would provide for up to eight days for clerks in any municipality with a population of at least 5,000 to open and begin processing absentee ballots before Election Day. I feel it’s unnecessary as very few jurisdictions in our state currently have trouble reporting their results shortly after Election Day has concluded, but this will open up many more opportunities for improprieties in our elections. Opening absentee ballots in hundreds of locations across our state for up to eight days reduces the integrity of our elections. It also limits the ability of candidates, political parties, and interested citizens to have the opportunity for poll watchers and challengers to be present to observe this work in a transparent manner.

Furthermore, the House substitute continues to give the Secretary of State unprecedented power to set procedures for early voting without going through the formal rule-making process. This eliminates very important checks and balances on our state’s elections procedures. This substitute stops transparency in government and allows election rules to be written in secret. This bill if concurred in its current form before this body will eliminate these safeguards—transparency and checks and balances—that we have had for decades. Currently and through history, rule-making in Michigan requires publicly-noticed hearings, evaluation of draft rules by the public and stakeholders, the preparation of impact analysis, the opportunity for public comment, as well as review by the bipartisan Joint Committee on Administrative Rules within the Legislature. It’s simply not right to have this time-honored system of legislators and the public’s right to know and participate stripped away in the substitute before this body.

The changes made by Proposal 2 are the biggest changes to Michigan’s elections in over half a century. There is a legal path to follow to change the rules and continue to get the people’s and legislators’ input and be transparent, but it’s being ignored. They should go through the current open and deliberate process for permanent rule-making. I will be voting “no” on concurrence in the House substitute and I urge my colleagues to do the same.

 

 

Senate Bill No. 370, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 759, 761, and 766 (MCL 168.759, 168.761, and 168.766), sections 759 and 761 as amended by 2020 PA 302 and section 766 as amended by 2018 PA 120, and by adding sections 766a and 766b; and to repeal acts and parts of acts.

The House of Representatives has amended the bill as follows:

1.  Amend page 27, line 5, by striking out all of subdivision (b) and inserting:

     “(b) Senate Bill No. 367.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 432                                           Yeas—21

 

 

Anthony                             Cherry                               Klinefelt                            Polehanki

Bayer                                 Geiss                                 McCann                             Santana

Brinks                                Hertel                                 McDonald Rivet                 Shink

Camilleri                            Huizenga                            McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

Chang                                                                                                                   

 

 

                                                                     Nays—16

 

 

Albert                                Damoose                            Lindsey                             Runestad

Bellino                               Hauck                                McBroom                          Theis

Bumstead                           Hoitenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senator Singh moved that the enrollment be vacated on the following bill:

Senate Bill No. 367, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 570, 662, 668b, 674, 736b, 736c, 736d, 736e, 764a, 764b, 764d, 765, 765a, 765b, 768, 769, 795b, 797a, 798b, and 805 (MCL 168.570, 168.662, 168.668b, 168.674, 168.736b, 168.736c, 168.736d, 168.736e, 168.764a, 168.764b, 168.764d, 168.765, 168.765a, 168.765b, 168.768, 168.769, 168.795b, 168.797a, 168.798b, and 168.805), section 570 as amended by 2017 PA 113, section 662 as amended by 2022 PA 219, section 668b as added by 2018 PA 614, sections 674 and 764b as amended by 2018 PA 120, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, section 764a as amended by 2023 PA 25, section 764d as added by 2020 PA 95, sections 765 and 765b as amended by 2022 PA 195, section 765a as amended by 2020 PA 177, section 769 as amended by 1995 PA 261, sections 795b and 798b as amended by 1990 PA 109, section 797a as amended by 1996 PA 583, and section 805 as amended by 2000 PA 207, and by adding sections 8, 523b, 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i, 720j, 765c, and 768a; and to repeal acts and parts of acts.

The motion prevailed.

Senator Singh moved to reconsider the vote by which the House substitute was concurred in.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 433                                           Yeas—22

 

 

Anthony                             Cherry                               McBroom                          Polehanki

Bayer                                 Geiss                                 McCann                             Santana

Brinks                                Hertel                                 McDonald Rivet                 Shink

Camilleri                            Huizenga                            McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

Chang                                Klinefelt                                                                     

 

 

                                                                     Nays—15

 

 

Albert                                Damoose                            Lindsey                             Theis

Bellino                               Hauck                                Nesbitt                               Victory

Bumstead                           Hoitenga                            Outman                             Webber

Daley                                 Johnson                             Runestad                          

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senator Singh moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 373

The motion prevailed.

 

 

Senate Bill No. 373, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 2 (MCL 168.2), as amended by 2018 PA 603.

The House of Representatives has amended the bill as follows:

1.  Amend page 4, following line 5, by inserting:

     “Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 367 of the 102nd Legislature is enacted into law.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 434                                           Yeas—22

 

 

Anthony                             Cherry                               McBroom                          Polehanki

Bayer                                 Geiss                                 McCann                             Santana

Brinks                                Hertel                                 McDonald Rivet                 Shink

Camilleri                            Huizenga                            McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

Chang                                Klinefelt                                                                     

 

 

                                                                     Nays—15

 

 

Albert                                Damoose                            Lindsey                             Theis

Bellino                               Hauck                                Nesbitt                               Victory

Bumstead                           Hoitenga                            Outman                             Webber

Daley                                 Johnson                             Runestad                          

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Recess

 

 

Senator Singh moved that the Senate recess until 6:00 p.m.

The motion prevailed, the time being 4:48 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Geiss.

 

 

Recess

 

 

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

The motion prevailed, the time being 6:01 p.m.

 

6:22 p.m.

 

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

 

 

The House of Representatives returned, in accordance with the request of the Senate

House Bill No. 4084, entitled

A bill to amend 2014 PA 92, entitled “State essential services assessment act,” (MCL 211.1051 to 211.1061) by adding section 7a.

 

 

House Bill No. 4696, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661.

The bills were placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

 

 

Senators Shink, Cavanagh, Bayer, Wojno, Klinefelt, Chang, Hertel, Santana, Outman and Anthony introduced

Senate Bill No. 440, entitled

A bill to authorize the state administrative board to transfer state-owned property in Livingston County from the administrative jurisdiction of the department of corrections to the administrative jurisdiction of the department of military and veterans affairs and to provide for powers and duties of state agencies and departments with regard to the property and the jurisdictional transfer.

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

 

 

Senators Shink, Chang and Bayer introduced

Senate Bill No. 441, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 44508, 44524, 47325, 47327, and 47333 (MCL 324.44508, 324.44524, 324.47325, 324.47327, and 324.47333), sections 44508, 47325, and 47333 as added by 1995 PA 57, section 44524 as amended by 2012 PA 249, and section 47327 as amended by 2020 PA 385.

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

 

 

Senators Hertel, Webber, Wojno, Shink and Geiss introduced

Senate Bill No. 442, entitled

A bill to amend 1968 PA 251, entitled “Cemetery regulation act,” (MCL 456.521 to 456.543) by adding section 12b.

The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.

 

 

Senators Webber, Shink, Singh and Geiss introduced

Senate Bill No. 443, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1809 (MCL 339.1809), as amended by 2020 PA 265.

The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.

Senators Hertel, Webber, Shink, Singh, Wojno and Geiss introduced

Senate Bill No. 444, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1801, 1806a, and 1810 (MCL 339.1801, 339.1806a, and 339.1810), sections 1801 and 1810 as amended by 2020 PA 265 and section 1806a as added by 2013 PA 77, and by adding section 1809c.

The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.

 

 

Senators Wojno, Webber, Shink, Singh and Geiss introduced

Senate Bill No. 445, entitled

A bill to amend 1968 PA 251, entitled “Cemetery regulation act,” by amending section 2 (MCL 456.522), as amended by 2008 PA 478.

The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.

 

 

Senators Webber, Singh, Wojno, Shink and Geiss introduced

Senate Bill No. 446, entitled

A bill to amend 1986 PA 255, entitled “Prepaid funeral and cemetery sales act,” by amending section 3 (MCL 328.213), as amended by 2004 PA 21.

The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.

 

 

Senator Singh introduced

Senate Bill No. 447, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 677.

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

 

 

Senator Klinefelt introduced

Senate Bill No. 448, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1016.

The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.

 

 

Senators Daley and Irwin introduced

Senate Bill No. 449, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 108b.

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

 

 

Senators Irwin and Daley introduced

Senate Bill No. 450, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 108a.

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

 

 

Senator Lauwers introduced

Senate Bill No. 451, entitled

A bill to promote the prompt payment for labor, materials, and services provided for the improvement of real property in the private contractual construction industry; to provide for certain contract provisions; and to provide for certain remedies and penalties.

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

 

 

House Bill No. 4573, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 164 (MCL 389.161, 389.162, and 389.164), sections 161 and 162 as amended by 2015 PA 130 and section 164 as amended by 2018 PA 376.

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.

 

 

House Bill No. 4619, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2027 (MCL 500.2027), as amended by 1998 PA 26.

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 Health Policy.

 

 

House Bill No. 4620, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406aa.

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 Health Policy.

 

 

House Bill No. 4621, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3403 (MCL 500.3403), as amended by 2016 PA 276.

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 Health Policy.

 

 

House Bill No. 4622, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.

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 Health Policy.

 

 

House Bill No. 4623, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406bb.

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 Health Policy.

 

 

House Bill No. 4706, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 10g, 10h, and 10q (MCL 460.10g, 460.10h, and 460.10q), the title as amended by 2016 PA 341, section 10g as amended by 2008 PA 286, section 10h as added by 2000 PA 142, and section 10q as added by 2000 PA 141.

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 Energy and Environment.

House Bill No. 4752, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2022 PA 184.

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 Education.

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

The President, Lieutenant Governor Gilchrist, resumed the Chair.

 

Senator Singh moved to reconsider the vote by which the following bill was passed:

House Bill No. 4696, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Senator Moss offered the following substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

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. 435                                           Yeas—29

 

 

Albert                                Damoose                            Klinefelt                            Outman

Anthony                             Geiss                                 McBroom                          Polehanki

Bayer                                 Hauck                                McCann                             Santana

Brinks                                Hertel                                 McDonald Rivet                 Shink

Camilleri                            Huizenga                            McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Webber

Chang                                Johnson                             Nesbitt                               Wojno

Cherry                                                                                                                  

 

 

                                                                      Nays—8

 

 

Bellino                               Daley                                 Lindsey                             Theis

Bumstead                           Hoitenga                            Runestad                           Victory

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4044

House Bill No. 4233

House Bill No. 4354

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Irwin 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:

House Bill No. 4044, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by repealing section 15b (MCL 423.215b).

 

 

House Bill No. 4233, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2023 PA 9.

 

 

House Bill No. 4354, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2023 PA 9.

The bills were placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4820, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1248 (MCL 380.1248), as added by 2011 PA 102.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4044

House Bill No. 4233

House Bill No. 4354

House Bill No. 4820

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

Senator Singh moved that the Senate proceed to consideration of the following bills:

House Bill No. 4044

House Bill No. 4233

House Bill No. 4354

House Bill No. 4820

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4044, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by repealing section 15b (MCL 423.215b).

The question being on the passage of the bill,

Senator Albert offered the following amendment:

1.  Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

     “Sec. 10a. Every 90 days, a bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents the following statement in writing: “Under the United States Supreme Court decision Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018), it is a violation of a public employee’s first amendment free speech rights for a public-sector bargaining representative to extract agency fees or union security fees from the public employee unless the public employee consents.”.”.

The question being on the adoption of the amendment,

Senator Theis 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. 436                                           Yeas—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                     Nays—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

                                                                 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. 437                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Senator Albert asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Albert’s statement is as follows:

This amendment is similar to one that I offered in this chamber before, designed to remind public employees of their rights under terms of a United States Supreme Court decision. It so happens that this week is the anniversary of the court’s Janus decision, which was issued on June 27th of 2018. In this decision, the Supreme Court determined public employees cannot be forced to join a union or pay union dues. This amendment would ensure that public employees are notified of their rights under this decision. It’s the least we can do in this legislative package that appears to benefit union leadership far more than schools or students. Thank you and I urge a “yes” vote on this amendment.

The following bill was read a third time:

House Bill No. 4233, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2023 PA 9.

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. 438                                           Yeas—21

 

 

Anthony                             Cherry                               McBroom                          Polehanki

Bayer                                 Geiss                                 McCann                             Santana

Brinks                                Hertel                                 McDonald Rivet                 Shink

Camilleri                            Irwin                                  McMorrow                        Singh

Cavanagh                           Klinefelt                             Moss                                 Wojno

Chang                                                                                                                   

 

 

                                                                     Nays—16

 

 

Albert                                Damoose                            Johnson                             Runestad

Bellino                               Hauck                                Lindsey                             Theis

Bumstead                           Hoitenga                            Nesbitt                               Victory

Daley                                 Huizenga                            Outman                             Webber

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4354, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2023 PA 9.

The question being on the passage of the bill,

Senator Albert offered the following amendment:

1.  Amend page 5, following line 24, by inserting:

     “(j) (p) Decisions about the development, format, content, and procedures of the notification to parents and legal guardians required under section 1249a of the revised school code, 1976 PA 451, MCL 380.1249a.”.

The question being on the adoption of the amendment,

Senator Theis 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. 439                                           Yeas—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                     Nays—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Daley offered the following amendment:

1.  Amend page 7, following line 6, by inserting:

     “(9) The following are prohibited subjects of bargaining and are at the sole discretion of the public employer:

(a) A decision as to whether or not the public employer will enter into an intergovernmental agreement to consolidate 1 or more functions or services, to jointly perform 1 or more functions or services, or to otherwise collaborate regarding 1 or more functions or services.

(b) The procedures for obtaining a contract for the transfer of functions or responsibilities under an agreement described in subdivision (a).

(c) The identities of any other parties to an agreement described in subdivision (a).

(10) Subsection (9) does not relieve a public employer of any duty established by law to collectively bargain with its employees as to the effect of a contract described in subsection (9)(a) on its employees.” and renumbering the remaining subsection.

The question being on the adoption of the amendment,

Senator Theis 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. 440                                           Yeas—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                     Nays—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 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. 441                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

Protests

 

 

Senators Albert, Bellino and Hauck, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 4044, 4233, and 4354.

Senators Albert and Hauck moved that the statements they made during the discussion of House Bill No. 4044 be printed as their reasons for voting “no.”

The motion prevailed.

Senator Albert’s statement, in which Senator Bellino concurred, is as follows:

The legislation before us today is more focused on what union leaders want than what students need. It is clearly not focused on helping kids perform better in school or catch up on lost learning. Any claim to the contrary is a theoretical argument, and no convincing evidence to support it has been provided. What these bills do is give more leverage to labor unions and contract talks with school administrators. Will it help teachers perform better in the classroom, which might in turn help students? There is certainly nothing in these bills that will measure that or quantify it in any way.

For example, House Bill No. 4233 has an outcome that has nothing to do with improving education. Current law prohibits public school resources—taxpayer money—from being used to help a labor union collect dues and service fees from members. This bill would remove that prohibition. Would that help union officials, since school administrators might have to pick up part of their duties? Absolutely. Does it help teachers or other union-represented workers? There might be a convenience factor, but other than that I don’t see much of a tangible benefit. Does this change help kids? No. And that is the problem with this bill and this legislative package. In fact, it’s a problem with the approach the Democrats have taken to labor law all year.

These changes are designed to benefit the organization and leadership of unions. These changes are designed to help with their political fundraising. The workers themselves in this case—Michigan schoolchildren as well—are just an afterthought. Thank you and I urge a “no” vote.

 

Senator Hauck’s statement is as follows:

Mr. President, the headlines from the first six months of this new Democratic trifecta have not been about inflation relief, and they haven’t been about fixing the damn roads. Instead they’ve been about Democrats using their newfound power to pay back their union benefactors. “Michigan Democrats want to make it easier to give to unions (who give to Dems.)” “Michigan Democrats to tackle Right-to-Work. Unions are our top donors.” “Michigan Democrats’ early campaign finance bills bolster unions influence.” And here we go again. These bills before us are shameless giveaways that put union bosses before parents and students. Perhaps the most glaring evidence of this is the fact that they could make it harder for parents to know if their child has been placed with an underperforming teacher.

Now, Mr. President, while the new majority is busy keeping union bosses happy, there are other headlines piling up. “Michigan stuck in bottom 10 states for 4th grade reading test scores. Quote, 112 Michigan schools identify as low achieving post-pandemic test scores show. Quote, Michigan students’ test scores continue to be a downward trend. We are making all the wrong kinds of headlines, Mr. President, and the only way to turn them around in Lansing is if the Lansing Democrats start focusing on ABCs than the AFTs or the MEAs. I ask for a “no” vote on these bills.

 

 

Senators Albert, Daley and Cherry asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Albert’s statement is as follows:

This bill is part of an attempt to tilt school contract negotiations heavily in favor of labor unions. That certainly should not be done at the expense of kids or parents’ rights to know about what’s happening in their community’s schools. Current state law requires parents to be notified when students are assigned to teachers who have been rated ineffective in a subject area for two years in a row. The legislation before us today would weaken that protection by making the development, format, content, and procedures of the notification subject to collective bargaining. This amendment seeks to restore this language and keep this protection on behalf of our kids and their families. We cannot allow the rights of parents to know what is going on in schools to be weakened or bargained away in any circumstances.

 

Senator Daley’s statement is as follows:

I rise today to speak in favor of my amendment. My amendment would return to this bill the exemption from collective bargaining that has always been applied to intergovernmental agreements. I’ve heard from many local municipalities that fear this bill will have a drastic negative impact on their ability to function if this amendment is not adopted. Townships and counties rely on intergovernmental agreements to conduct their daily business and forcing them into collective bargaining would be a huge problem for all the taxpayers of Michigan. I was hoping that this was not an intentional decision from my colleagues across the aisle, but unfortunately that doesn’t seem to be the case. My amendment would fix this oversight and I encourage your support.

 

Senator Cherry’s statement is as follows:

The language stricken out in the bill that currently folks are not allowed to bargain over are procedures for obtaining a contract for the transfer or function of responsibilities under an agreement—meaning an interlocal agreement. What does that mean? What that means is folks who work in our schools or our public safety professionals are not allowed to bargain when their jobs are merged with other entities to make sure they’re still employed. By adopting this amendment, we would be preventing our police officers and our firefighters from being able to bargain to preserve their jobs when a merger occurs. Quite frankly, I think we should be allowing them to sit down at the table with their local units of government to make sure they maintain their jobs and their benefits, and when the new department is created they are allowed to be employed by that department and are able to maintain job security. While I do care about the efficiency of local government, I think we should be allowing those employees to sit down at a table and have a conversation about preserving their jobs.

 

 

The following bill was read a third time:

House Bill No. 4820, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1248 (MCL 380.1248), as added by 2011 PA 102.

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. 442                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4356

House Bill No. 4357

Senate Bill No. 397

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Irwin 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:

House Bill No. 4356, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2023 PA 9.

 

 

House Bill No. 4357, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 164h (MCL 388.1764h), as amended by 2018 PA 265.

 

 

Senate Bill No. 397, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32 (MCL 125.1432), as amended by 2020 PA 73.

The bills were placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4356

House Bill No. 4357

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

Senator Singh moved that the Senate proceed to consideration of the following bill:

House Bill No. 4356

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4356, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2023 PA 9.

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. 443                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4357, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 164h (MCL 388.1764h), as amended by 2018 PA 265.

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. 444                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—17

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                   Excused—1

 

 

Lauwers                                                                                                               

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

Recess

 

 

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

The motion prevailed, the time being 7:11 p.m.

 

7:22 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Singh moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 66

Senate Concurrent Resolution No. 9

The motion prevailed, a majority of the members serving voting therefor.

Senator Brinks offered the following resolution:

Senate Resolution No. 66.

A resolution to designate July 2023 as Michigan Beer Month.

Whereas, Michigan craft brewers are a vibrant affirmation and expression of our entrepreneurial traditions, operating as community-based small businesses and providing full time employment for more than 16,000 jobs; and

Whereas, Our state has craft breweries in every region and more than 400 craft brewers statewide; and

Whereas, Every July, The Michigan Brewers Guild celebrates locally made beer by hosting a Summer Festival, one of five annual events; and

Whereas, The Michigan Brewers Guild is a passionate beer community that believes in quality artisanship, bold character, fun, responsibility, and pushing the boundaries while promoting and protecting the Michigan beer industry with an overarching goal to help locally brewed beer attain 20 percent of all beer sales in the state by 2025; and

Whereas, Michigan ranks sixth in the nation for overall number of breweries, microbreweries, and brewpubs; and

Whereas, Craft brewers support our state’s agriculture by purchasing hops, malted barley, wheat, beet sugar, cherries, apples, and numerous other fruits, herbs, spices, and vegetables grown here, along with water sourced from the Great Lakes; and

Whereas, Michigan craft brewers promote a spirit of independence through a renaissance in handcrafted beers like those first brought to our state by European settlers and produced here by our forefathers, including Bernhard Stroh, for the enjoyment of the citizenry; and

Whereas, Striving to educate legal drinking-age residents, Michigan craft brewers convey awareness about the differences in beer flavor, aroma, color, alcohol content, body, and other complex variables, beer history, and gastronomic qualities of beer; and

Whereas, Michigan craft brewers champion the message of responsible enjoyment to their customers and work within their communities to prevent alcohol abuse and underage drinking; and

Whereas, Craft brewers in our state produce dozens of distinct styles of flavorful beers, the quality and diversity of which have made Michigan the envy of many, while also contributing to balanced trade with both the increase of state exports and the promotion of our state’s tourism; and

Whereas, The brewing industry in Michigan has seen growth and success, with a total economic contribution of more than $2.2 billion; and

Whereas, Michigan craft brewers are vested in the future, health, and welfare of their communities as employers provide a diverse array of quality local jobs. In addition, brewers are contributors to the local tax base, and are committed partners for a broad range of local, regional, and state nonprofit organizations and other philanthropic causes; now, therefore, be it

Resolved by the Senate, That the members of this legislative body designate July 2023 as Craft Beer Month and recognize the contributions that Michigan craft brewers have made to our state’s communities, economy, and history; and be it further

Resolved, That we commend Michigan craft brewers for providing jobs, improving the balance of trade, supporting our state’s agriculture, and educating residents about the history and culture of beer, while promoting the responsible consumption of beer as a beverage of moderation.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Chang, Moss, Santana and Webber were named co-sponsors of the resolution.

 

 

Senator Brinks asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Brinks’ statement is as follows:

Thank you, Mr. President, and before I start I want to assure the Senator from the 7th District that I am not trying to tread on your month. We still have two more days of Pride, so don’t worry.

I rise on behalf of my resolution to recognize July 2023 as Beer Month in Michigan. With more than 400 breweries statewide, July is a time to celebrate all that the growing craft beer industry brings to our economy and our way of life. It only makes sense. We have the world’s best fresh water; we have acres and acres of hops; and most importantly, innovative and dedicated brewers right here in our backyard.

Michigan breweries and the beer industry as a whole has thrived and continues to be an important part of our communities and our culture, supporting more than 66,000 industry jobs in Michigan with nearly $10 billion impact, according to the National Beer Wholesalers Association. They are committed sponsors of a broad range of valuable community institutions and philanthropic causes, including not-for-profit associations, humane societies, athletic teams, medical research and more.

I am proud to represent the many, many breweries in Senate District No. 29, home of Beer City, U.S.A., and I am proud to sponsor this resolution that declares July 2023 as Beer Month in the state of Michigan. I don’t know about you, but I am certainly looking forward to toasting the passage of a completed budget very soon. I hope I can find some time with each of you this summer to raise a lager, porter, wheat, stout, sour, seltzer, or non-alcoholic Michigan beer in celebration of all that we have been able to accomplish so far this term.

Thank you Mr. President, and cheers.

 

 

Senator Singh offered the following concurrent resolution:

Senate Concurrent Resolution No. 9.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, June 29, 2023, it stands adjourned until Tuesday, July 18, 2023, at 10:00 a.m.; when it adjourns on Tuesday, July 18, 2023, it stands adjourned until Wednesday, July 19, 2023, at 10:00 a.m.; when it adjourns on Wednesday, July 19, 2023, it stands adjourned until Thursday, July 20, 2023, at 10:00 a.m.; when it adjourns on Thursday, July 20, 2023, it stands adjourned until Tuesday, August 22, 2023, at 10:00 a.m.; when it adjourns on Tuesday, August 22, 2023, it stands adjourned until Wednesday, August 23, 2023, at 10:00 a.m.; when it adjourned on Wednesday, August 23, 2023, it stands adjourned until Thursday, August 24, 2023, at 10:00 a.m.; when it adjourns on Thursday, August 24, 2023, it stands adjourned until Tuesday, September 5, 2023 at 10:00 a.m.; and be it further

Resolved, That when the House of Representatives adjourns on Wednesday, June 28, 2023, it stands adjourned until Tuesday, July 18, 2023, at 1:30 p.m.; when it adjourns on Tuesday, July 18, 2023, it stands adjourned until Wednesday, July 19, 2023, at 1:30 p.m.; when it adjourns on Wednesday, July 19, 2023, it stands adjourned until Thursday, July 20, 2023, at 12:00 noon; when it adjourns on Thursday, July 20, 2023, it stands adjourned until Tuesday, August 22, 2023, at 1:30 p.m.; when it adjourns on Tuesday, August 22, 2023, it stands adjourned until Wednesday, August 23, 2023, at 1:30 p.m.; when it adjourned on Wednesday, August 23, 2023, it stands adjourned until Thursday, August 24, 2023, at 12:00 noon; when it adjourns on Thursday, August 24, 2023, it stands adjourned until Tuesday, September 5, 2023 at 1:30 p.m.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

Recess

 

 

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

The motion prevailed, the time being 7:26 p.m.

 

7:43 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

House Bill No. 4437, 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 year ending September 30, 2024; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The House of Representatives has adopted the report of the Committee of Conference.

 

By unanimous consent the Senate proceeded to the order of

Conference Reports

 

 

Senator Singh moved that Joint Rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill:

House Bill No. 4437

The motion prevailed, a majority of the members serving voting therefor.

The Conference Report was read as follows:

 

FIRST CONFERENCE REPORT

 

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 4437, 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 year ending September 30, 2024; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate agree to the bill as passed by the House, amended to read as follows:

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, the legislative branch, and capital outlay for the fiscal years ending September 30, 2023 and September 30, 2024; to provide for certain conditions on the appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

the people of the state of michigan enact:

ARTICLE 1

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2024, from the following funds:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

544.0

 

 

GROSS APPROPRIATION

 

$

168,612,700

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

327,000

ADJUSTED GROSS APPROPRIATION

 

$

168,285,700

Federal revenues:

 

 

 

Total federal revenues

 

 

29,762,700

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

21,300

Total other state restricted revenues

 

 

45,719,900

State general fund/general purpose

 

$

92,781,800

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

37.0

 

 

Unclassified salaries—FTEs

6.0

$

664,900

Accounting service center

 

 

1,156,800

Commissions and boards

 

 

23,800

Emergency management—FTEs

8.0

 

2,918,000

Emerging contaminants in food and agriculture—FTEs

6.0

 

2,080,100

Executive direction—FTEs

23.0

 

3,271,800

Property management

 

 

768,100

GROSS APPROPRIATION

 

$

10,883,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Deferred federal revenue funding

 

 

15,000

HHS, multiple grants

 

 

432,300

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

46,200

Dairy and food safety fund

 

 

103,400

Feed control fund

 

 

8,100

For Fiscal Year

Ending Sept. 30,

2024

Fertilizer control fund

 

$

10,200

Freshwater protection fund

 

 

63,200

Gasoline inspection and testing fund

 

 

25,600

Industry support funds

 

 

57,000

Michigan craft beverage council fund

 

 

8,800

Private forestland enhancement fund

 

 

16,300

Refined petroleum fund

 

 

20,500

Weights and measures regulation fees

 

 

5,000

State general fund/general purpose

 

$

10,071,900

Sec. 103. INFORMATION AND TECHNOLOGY

 

 

 

Information technology services and projects

 

$

2,333,800

GROSS APPROPRIATION

 

$

2,333,800

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

91,400

Dairy and food safety fund

 

 

74,800

Feed control fund

 

 

15,000

Fertilizer control fund

 

 

15,000

Freshwater protection fund

 

 

15,000

Gasoline inspection and testing fund

 

 

32,400

State general fund/general purpose

 

$

2,090,200

Sec. 104. FOOD AND DAIRY

 

 

 

Full-time equated classified positions

139.0

 

 

Food safety and quality assurance—FTEs

103.0

$

18,472,000

Milk safety and quality assurance—FTEs

36.0

 

5,861,400

GROSS APPROPRIATION

 

$

24,333,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

2,781,700

USDA, multiple grants

 

 

137,100

Special revenue funds:

 

 

 

Consumer and industry food safety education fund

 

 

242,500

Dairy and food safety fund

 

 

5,476,800

Industry food safety education fund

 

 

114,100

Marihuana regulatory fund

 

 

349,800

Marihuana regulation fund

 

 

350,000

State general fund/general purpose

 

$

14,881,400

Sec. 105. ANIMAL INDUSTRY

 

 

 

Full-time equated classified positions

63.0

 

 

Animal disease prevention and response—FTEs

63.0

$

10,876,500

Indemnification - livestock depredation

 

 

15,000

Michigan animal agriculture alliance

 

 

3,000,000

GROSS APPROPRIATION

 

$

13,891,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

15,100

USDA, multiple grants

 

 

1,069,200

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

72,500

Animal welfare fund

 

 

150,000

State general fund/general purpose

 

$

12,584,700

Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

 

 

Full-time equated classified positions

106.0

 

 

For Fiscal Year

Ending Sept. 30,

2024

Agricultural climate resiliency

 

$

1,000,000

Animal feed safety—FTEs

10.0

 

2,112,000

Pesticide and plant pest management—FTEs

91.0

 

15,567,400

Soil health/regenerative agriculture—FTEs

5.0

 

1,000,000

GROSS APPROPRIATION

 

$

19,679,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EPA, multiple grants

 

 

578,700

HHS, multiple grants

 

 

396,700

USDA, multiple grants

 

 

721,100

Special revenue funds:

 

 

 

Private - slow-the-spread foundation

 

 

21,300

Agriculture licensing and inspection fees

 

 

4,567,200

Commodity inspection fees

 

 

686,300

Feed control fund

 

 

1,399,600

Fertilizer control fund

 

 

1,347,800

Freshwater protection fund

 

 

156,800

Horticulture fund

 

 

70,000

Industrial hemp fund

 

 

675,300

Industry support funds

 

 

228,100

State general fund/general purpose

 

$

8,830,500

Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

 

 

Full-time equated classified positions

66.5

 

 

Agricultural preservation easement grants

 

$

1,900,000

Environmental stewardship - MAEAP—FTEs

26.0

 

11,744,500

Farmland and open space preservation—FTEs

10.0

 

1,606,500

Intercounty drain—FTEs

6.0

 

859,900

Local conservation districts

 

 

2,000,000

Migrant labor housing—FTEs

9.0

 

1,351,000

Qualified forest program—FTEs

9.0

 

8,073,900

Right-to-farm—FTEs

6.5

 

1,021,700

GROSS APPROPRIATION

 

$

28,557,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDEGLE, biosolids

 

 

94,400

Federal revenues:

 

 

 

Department of Interior

 

 

96,300

EPA, multiple grants

 

 

564,000

USDA, multiple grants

 

 

6,722,300

Special revenue funds:

 

 

 

Agricultural preservation fund

 

 

3,506,500

Freshwater protection fund

 

 

8,328,900

Migratory labor housing fund

 

 

143,200

Private forestland enhancement fund

 

 

1,080,100

State general fund/general purpose

 

$

8,021,800

Sec. 108. LABORATORY PROGRAM

 

 

 

Full-time equated classified positions

108.5

 

 

Central licensing and customer call center—FTEs

13.0

$

1,528,100

Consumer protection program—FTEs

42.0

 

7,049,300

Laboratory services—FTEs

42.5

 

8,770,600

USDA monitoring—FTEs

11.0

 

1,700,000

GROSS APPROPRIATION

 

$

19,048,000

For Fiscal Year

Ending Sept. 30,

2024

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA (LCC), liquor quality testing fees

 

$

232,600

Federal revenues:

 

 

 

EPA, multiple grants

 

 

180,600

HHS, multiple grants

 

 

1,568,700

USDA, multiple grants

 

 

1,701,200

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

352,300

Dairy and food safety fund

 

 

524,200

Feed control fund

 

 

193,200

Fertilizer control fund

 

 

24,900

Freshwater protection fund

 

 

47,900

Gasoline inspection and testing fund

 

 

1,920,700

Grain dealers fee fund

 

 

8,200

Industrial hemp fund

 

 

321,000

Migratory labor housing fund

 

 

29,900

Refined petroleum fund

 

 

3,447,200

Testing fees

 

 

355,900

Weights and measures regulation fees

 

 

748,000

State general fund/general purpose

 

$

7,391,500

Sec. 109. AGRICULTURE DEVELOPMENT

 

 

 

Full-time equated classified positions

24.0

 

 

Agriculture development—FTEs

13.0

$

4,796,700

Fair food network - double up food bucks

 

 

2,000,000

Food and agriculture investment program

 

 

2,472,200

Food and agriculture supply chain—FTE

1.0

 

800,000

Michigan craft beverage council—FTEs

3.0

 

1,335,300

Office of rural development—FTE

1.0

 

678,500

Producer security/grain dealers—FTEs

5.0

 

904,300

Rural development fund grant program—FTE

1.0

 

2,004,400

GROSS APPROPRIATION

 

$

14,991,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

USDA, multiple grants

 

 

2,682,700

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

5,100

Grain dealers fee fund

 

 

860,500

Industry support funds

 

 

223,600

Michigan craft beverage council fund

 

 

1,305,300

Rural development fund

 

 

2,004,400

State general fund/general purpose

 

$

7,909,800

Sec. 110. FAIRS AND EXPOSITIONS

 

 

 

County fairs, shows, and expositions

 

$

500,000

Fairs and racing

 

 

258,600

Horse racing advisory commission

 

 

125,000

Purses and supplements - fairs/licensed tracks

 

 

1,353,600

Standardbred breeders’ awards

 

 

345,900

Standardbred purses and supplements - licensed tracks

 

 

991,100

Standardbred sire stakes

 

 

720,000

GROSS APPROPRIATION

 

$

4,294,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture equine industry development fund

 

 

3,794,200

State general fund/general purpose

 

$

500,000

For Fiscal Year

Ending Sept. 30,

2024

Sec. 111. ONE-TIME APPROPRIATIONS

 

 

 

Agricultural climate resiliency

 

$

6,000,000

ARP - Resilient food systems infrastructure

 

 

10,100,000

County fairs, shows, and expositions

 

 

2,000,000

Emerging contaminants in food and agriculture

 

 

1,999,800

Food and agriculture supply chain investment

 

 

1,000,000

Laboratory animal welfare

 

 

500,000

Local conservation districts

 

 

1,000,000

Minority-owned food and agriculture ventures

 

 

2,900,000

Northern Michigan herd protection and management

 

 

100

Rural venture capital

 

 

100

Soil health/regenerative agriculture

 

 

5,000,000

Washtenaw conservation district - MIFarmLink pilot project

 

 

100,000

GROSS APPROPRIATION

 

$

30,600,000

Appropriated from:

 

 

 

USDA, multiple grants

 

 

10,100,000

Agriculture licensing and inspection fees

 

 

 

State general fund/general purpose

 

$

20,500,000

part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2023-2024 is $138,501,700.00 and state spending from state sources to be paid to local units of government for fiscal year 2023-24 is $11,900,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

Agriculture preservation easement grants

 

$

1,900,000

Environmental stewardship/MAEAP

 

 

4,100,000

Local conservation districts

 

 

3,000,000

Qualified forest program

 

 

1,400,000

Rural development fund grant program

 

 

1,400,000

Washtenaw conservation district – MIFarmLink pilot project

 

 

100,000

TOTAL

 

$

11,900,000

Sec. 202. The appropriations authorized under part 1 and this part are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in part 1 and this part:

(a) “Department” means the department of agriculture and rural development.

(b) “Director” means the director of the department.

(c) “Fiscal agencies” means the Michigan house fiscal agency and the Michigan senate fiscal agency.

(d) “FTE” means full-time equated.

(e) “IDG” means interdepartmental grant.

(f) “MAEAP” means the Michigan agriculture environmental assurance program.

(g) “MDEGLE” means the Michigan department of environment, Great Lakes, and energy.

(h) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.

(i) “TB” means tuberculosis.

(j) “USDA” means the United States Department of Agriculture.

Sec. 204. (1) The department shall use the internet to fulfill the reporting requirements of this part. This requirement includes transmission of reports via email to the recipients identified for each reporting requirement and includes placement of reports on an internet site.

(2) In fulfilling the reporting requirements of this part, the department shall notify report recipients when reports are posted to the department website.

Sec. 205. Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate and house appropriations subcommittees on agriculture and rural development, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) Funds appropriated in part 1 must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 207. The department shall not take disciplinary action against an employee of the department in the state classified civil service because the employee communicates with a member of the senate or house or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

Sec. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The department shall submit the report to the house and senate appropriations committees and to report recipients required in section 205 of this part. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

Sec. 209. The department shall not use funds appropriated in part 1 to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.

Sec. 210. Not later than December 15, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house standing committees on appropriations and the senate and house fiscal agencies.

Sec. 211. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 212. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 213. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2023 and September 30, 2024.

Sec. 214. The department shall maintain, on a publicly accessible website, information that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance.

Sec. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure geographically disadvantaged business enterprises compete for and perform contracts to provide services, supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified geographically disadvantaged business enterprises for services, supplies, or both.

Sec. 217. On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and the state budget office a comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

Sec. 218. It is the intent of the legislature that the department maximize the efficiency of the state workforce and, where possible, prioritize in-person work, and post its in-person, remote, or hybrid work policy on its website.

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

Sec. 221. The department shall receive and retain copies of all reports funded from appropriations in part 1. The department shall follow federal and state guidelines for short-term and long-term retention of records. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 222. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 223. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees and the report recipients required in section 205 of this part any amount of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) By February 1, report on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2023 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2023.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 225. To the extent possible, the department shall not expend appropriations in part 1 until all existing work project authorization available for the same purposes is exhausted.

Sec. 226. (1) Money appropriated in part 1 shall not be used to restrict or impede a marginalized community’s access to government resources, programs, or facilities.

(2) From the funds appropriated in part 1, local governments shall report any action or policy that attempts to restrict or interfere with the duties of the local health officer.

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. (1) The department may establish a fee schedule and collect fees for the following work activities and services:

(a) Pesticide and plant pest management propagation and certification of virus-free foundation stock.

(b) Fruit and vegetable inspection and grading services at shipping and termination points and processing plants.

(c) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.

(d) Laboratory support test samples for other state and local agencies and public or private organizations.

(2) The department may receive and expend revenue from the fees authorized under subsection (1), subject to appropriation, for the purpose of recovering expenses associated with the work activities and services described in subsection (1). Fee revenue collected by the department under subsection (1) shall not lapse to the state general fund at the end of the fiscal year but shall carry forward for appropriation by the legislature in the subsequent fiscal year.

(3) The department shall notify the subcommittees, the fiscal agencies, and the state budget office 30 days prior to proposing changes in fees authorized under this section or under section 5 of 1915 PA 91, MCL 285.35.

(4) On or before February 1 of each year, the department shall provide a report to the subcommittees, the fiscal agencies, and the state budget office detailing all the fees charged by the department under the authorization provided in this section, including, but not limited to, rates, number of individuals paying each fee, and the revenue generated by each fee in the previous fiscal year.

Sec. 302. (1) The department may contract with or provide grants to local units of government, institutions of higher education, or nonprofit organizations to support activities authorized by appropriations in part 1. As used in this section, contracts and grants include, but are not limited to, contracts for delivery of groundwater/freshwater programs, MAEAP technical assistance, forest management, invasive species monitoring, wildlife risk mitigation, grants promoting proper pesticide disposal, and research grants for the purpose of enhancing the agricultural industries in this state.

(2) The department shall provide notice of contracts or grants authorized under this section to the subcommittees, the fiscal agencies, and the state budget office not later than 7 days before the department notifies contract or grant recipients.

Sec. 303. (1) From the funds appropriated in part 1 for emerging contaminants in food and agriculture the department will support efforts to identify and respond to the impacts of emerging contaminants to the food and agriculture sector, help address and mitigate current issues caused by emerging contaminants, and work to prevent and minimize future impacts. The department shall coordinate these efforts with other state agencies, federal agencies, tribal governments, local governments, institutions of higher learning, and the food and agriculture sector. Emerging contaminants include but are not limited to pesticides, dioxins, and per- and polyfluoroalkyl substances.

(2) The unexpended funds appropriated in part 1 for emerging contaminants in food and agriculture are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project support efforts to identify and respond to the impacts of emerging contaminants to the food and agriculture sector, help address and mitigate current issues caused by emerging contaminants, and work to prevent and minimize future impacts.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $1,999,800.00.

(d) The tentative completion date for the work project is September 30, 2028.

FOOD and DAIRY

Sec. 401. (1) The department shall report on the previous fiscal year’s activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food service program.

(2) The report shall include information on significant foodborne outbreaks and emergencies, including any significant enforcement actions taken related to food safety during the prior calendar year.

(3) The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

ANIMAL INDUSTRY

Sec. 451. From the funds appropriated in part 1, the department shall pay for all whole herd bovine TB testing costs and individual animal testing costs in the modified accredited zone and buffer counties as referenced in the current memorandum of understanding between the department and the USDA to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.

Sec. 452. (1) The department shall report on the previous calendar year’s activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

(2) The department shall include in the report all indemnification payments for livestock depredation made in the previous calendar year and shall include all of the following:

(a) The reason for the indemnification.

(b) The amount of the indemnification.

(c) The person for whom the indemnification was paid.

Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the current required memorandum of understanding between the department and the USDA.

Sec. 455. From the funds appropriated in part 1 for animal disease prevention and response, $200,000.00 shall be used to cover costs associated with testing of registered privately owned cervid facilities as follows: for required surveillance testing for chronic wasting disease and for infected herd bovine TB testing.

Sec. 457. (1) On or before October 15 of each year, the department shall provide to the subcommittees, the fiscal agencies, and the state budget office a report on bovine TB status and department activities.

(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, department activity associated with specific new incidence of bovine TB, any changes in USDA requirements or movement orders, and information and data on wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements; efforts to work with slaughter facilities in this state, as well as those that slaughter a significant number of animals from this state; and educational programs and information for this state’s livestock community.

Sec. 458. From the funds appropriated in part 1 for Michigan animal agriculture alliance, the department shall work with animal industry representatives and state research universities to continue an animal research grant program.

PESTICIDE AND PLANT PEST MANAGEMENT

Sec. 501. The department shall report on the previous calendar year’s activities of the pesticide and plant pest management division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

Sec. 503. (1) From the funds appropriated in part 1 for agricultural climate resiliency, the department shall establish an agricultural climate resiliency program.

(2) The purpose of the agricultural climate resiliency program is to promote the usage and implementation of best regenerative agricultural farming practices and new technologies related to environmental sustainability, including measures to address the impacts of climate change. Program goals include enhancing soil and plant health, soil carbon sequestration, efficient use of water, and protection of water resources.

(3) The department shall promote the principles of soil health and regenerative agriculture, including maintaining soil cover, minimization of soil disturbance, plant and crop diversity, maintenance of live plants and roots, and integration of livestock into cropping systems.

(4) The department shall promote the goals and principles of soil health and regenerative agriculture, including increasing soil organic matter content, improving soil water infiltration capacity, increasing soil water holding capacity, improving soil biological capacity to break down plant residue and other substances and to maintain soil aggregation, improving soil nutrient sequestration and cycling capacity, reducing nutrient losses, and increasing carbon sequestration capacity of soil.

(5) Program funds may not be used for applied research into precision application of fertilizer, pesticides or herbicides.

(6) Of the funds appropriated in part 1 for agricultural climate resiliency, the following amounts must be used by the department to partner with a state land-grant university to develop, implement, and evaluate a soil health, regenerative agriculture, and climate resiliency program: not less than $1,000,000.00 in ongoing funding and not less than $5,000,000.00 in 1-time funding. The partnership must be focused on researching and assisting the agricultural industry in implementing climate resiliency, soil health, and regenerative agricultural principles and techniques. Partnership goals must include, but are not limited to, establishing program priorities, developing metrics, implementing goals, evaluating outcomes, and engaging with stakeholders.

(7) In addition to the report required under section 501, by April 1, the department shall prepare a report to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall provide information on the agricultural climate resiliency program, including department activities, uses of program funds by activity or project, contractors, grantees, and a summary of projects and project results.

Sec. 504. (1) From the funds appropriated in part 1 for soil health/regenerative agriculture, the department shall establish a program with the purpose of advancing the adoption of soil health and regenerative agriculture principles in Michigan agriculture.

(2) The department may engage partners to achieve the purposes of the program, including agriculture extension offices, the national resources conservation service, conservation districts, and nongovernmental organizations to build farmer-to-farmer networks to disseminate practices and information to improve adoption of soil health and regenerative agriculture practices, and other needs that the department identifies to improve adoption of these principles. Program funds may not be used for applied research into precision application of fertilizer, pesticides, or herbicides.

(3) The department shall promote the principles of soil health and regenerative agriculture, which include maintaining soil cover, minimization of soil disturbance, plant/crop diversity, maintenance of continual live plant/root, and integration of livestock into cropping systems.

(4) The department shall promote the goals of the principles of soil health and regenerative agriculture, which include increasing soil organic matter content, improving soil water infiltration capacity, increasing soil water holding capacity, improving soil biological capacity to break down plant residue and other substances and to maintain soil aggregation, improving soil nutrient sequestration and cycling capacity, reducing nutrient losses, and increasing carbon sequestration capacity of soil.

(5) The department shall promote the practices of soil health and regenerative agriculture, which include the use of no-till farming, intercropping, cover crops, multispecies cover crops, roll cropping, managed rotational grazing, and other practices identified that utilize natural biological processes to advance the goals of soil health and regenerative agriculture.

(6) The program’s objectives shall be accomplished by utilizing state employees or contracts with service providers, or both. Any program partners receiving funding shall indicate the conservation outcomes they are intending to achieve and how they will measure achievement of those outcomes and provide a report to the department on the uses of funding received and achievement of any outcomes.

(7) In addition to the report required under section 501, by April 1, the department shall prepare a report to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall provide information on the soil health and regenerative agriculture program, including department activities, uses of program funds by activity or project, contractors, grantees, and a summary of projects and project results.

ENVIRONMENTAL STEWARDSHIP

Sec. 601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill.

Sec. 602. The department shall report on the previous calendar year’s activities of the environmental stewardship division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

Sec. 603. In addition to the report required under section 602, by April 1, the department shall prepare a report to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall contain the following information for agriculture nutrient best management voluntary practices program: number and location of acres enrolled in nutrient management or other best management practices; number of acres enrolled that were not previously verified under the MAEAP; summary of practices implemented and available incentive programs; starting and ending balances of the program; summary of outreach and training efforts; and testing results.

Sec. 604. The department may receive and expend federal revenues up to a total of $1,000,000.00 in excess of the federal revenue appropriated in section 107 of part 1 for environmental stewardship and MAEAP activities. The department shall notify the subcommittees, the fiscal agencies, and the state budget office prior to expending federal revenues authorized under this section.

Sec. 608. (1) The appropriations in part 1 for the qualified forest program are for the purpose of increasing the knowledge of nonindustrial private forestland owners of sound forest management practices and increasing the amount of commercial timber production from those lands.

(2) The department shall work in partnership with stakeholder groups and other state and federal agencies to increase the active management of nonindustrial private forestland to foster the growth of Michigan’s timber product industry.

Sec. 609. (1) The appropriations in part 1 for local conservation districts shall be distributed in equal amounts to local conservation districts in this state that were in operation as of April 15, 2021.

(2) On or before March 1, 2024, the department shall report on the previous calendar year’s activities of local conservation districts. The report shall include descriptions of local conservation district activities and funding, including uses of appropriations made in part 1. In preparing this report, the department shall coordinate with representatives of local conservation districts. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website.

Sec. 610. From the funds appropriated in part 1, the department shall maintain coordination with the department of treasury to improve the timely processing and issuance of tax credits under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan’s farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.3116 and 324.36201 to 324.36207. This includes, but is not limited to:

(a) Timely review of mailed applications and paperwork.

(b) Timely and proactive communications to applicants on the status of their application.

(c) A clear and understood timeline for the issuance of any tax credits.

LABORATORY PROGRAM

Sec. 651. The department shall report on the previous calendar year’s activities of the laboratory division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

Sec. 652. No funds from the appropriations in part 1 may be used for the purpose of consolidating state-run laboratories.

AGRICULTURE DEVELOPMENT

Sec. 701. (1) From the funds appropriated in part 1 for the food and agriculture investment program, the department shall establish and administer a food and agriculture investment program.

(2) The food and agriculture investment program shall do all of the following:

(a) Expand the Michigan food and agriculture sector.

(b) Promote food security.

(c) Develop local and regional food systems.

(d) Grow Michigan exports.

(e) Promote the development of value-added agricultural production.

(f) Support urban farms, food hubs, food incubators, and community-based processing facilities with a focus on new and expanding protein processors.

(g) Promote the expansion of farm markets, flower markets, and urban agriculture, including hoop houses.

(h) Increase food processing activities within this state by accelerating investment projects and infrastructure development that support growth in production agriculture and food and agriculture processing, expand opportunity to new agricultural producers and processors, promote agriculture tourism and agricultural heritage, and develop agricultural education and interpretation activities.

(3) In addition to the funds appropriated in part 1, the department may receive and expend funds received from outside sources for the food and agriculture investment program.

(4) Before the allocation of funding, all projects shall receive approval from the Michigan commission of agriculture and rural development, except for projects selected through a competitive process by a joint evaluation committee selected by the director and consisting of representatives that have agriculture, food security, local and regional food systems, business, and economic development expertise. Projects funded through the food and agriculture investment program will be required to have a grant agreement that outlines milestones and activities that must be met in order to receive a disbursement of funds. Projects must also identify measurable project outcomes.

(5) The department shall include in the agriculture development annual report a report on the food and agriculture investment program for the previous fiscal year that includes a listing of the grantees, award amounts, match funding, project locations, and project outcomes.

(6) The unexpended funds appropriated in part 1 for the food and agriculture investment program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to promote and expand the Michigan food and agriculture sector, grow Michigan exports, and increase food processing activities within the state.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is identified in the appropriation line item.

(d) The tentative completion date for the work project is September 30, 2026.

(7) The department may expend money from the funds appropriated in part 1 for the food and agriculture investment program, including all of the following activities:

(a) Grants.

(b) Loans or loan guarantees.

(c) Infrastructure development.

(d) Other economic assistance.

(e) Program administration.

(f) Export assistance.

(8) The department shall expend no more than 5% from the funds appropriated in part 1 for the food and agriculture investment program for administrative purposes.

(9) In awarding grants under the food and agriculture investment program, the department shall identify and encourage applications from members of socially disadvantaged groups, women, veterans, and beginning farmers and ranchers. In awarding grants under the food and agriculture investment program, the department must also prioritize Michigan-based small businesses, nonprofits, and organizations promoting agriculture and food security activities.

Sec. 702. The office of rural development shall act to encourage and enable appropriate community advancements and improvements, including, but not limited to, housing, infrastructure, education, workforce development, and other needs uniquely present in rural areas of this state that will assist in expansion of rural agriculture development.

Sec. 703. (1) From the funds appropriated in part 1 for fair food network – double up food bucks, the department shall work with the fair food network to ensure that at least 80% of the funds allocated to the double up food bucks program are directly used for the payments to participating vendors.

(2) The department shall work with the department of health and human services to do all of the following:

(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer’s markets in this state with bridge cards.

(b) Notify recipients of food assistance program benefits about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double up food bucks program.

(3) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state’s counties with grocery stores or farmer’s markets that meet the program’s eligibility requirements.

(4) On or before June 1, 2024 , the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:

(a) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2022.

(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name of location of vendors, as of May 1, 2023. The report shall highlight counties and vendors added to the program since May 1, 2022.

(c) Number of individuals participating in the program, by county.

Sec. 706. (1) The department shall report on the previous calendar year’s activities of the agriculture development division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

(2) The report shall include the following information on any grants awarded during the prior fiscal year:

(a) The name of the grantee.

(b) The amount of the grant.

(c) The purpose of the grant, including measurable outcomes.

(d) Additional state, federal, private, or local funds contributed to the grant project.

(e) The completion date of grant-funded activities.

(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:

(a) Council activities and accomplishments for the previous fiscal year.

(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.

(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.

(4) The report shall identify grant recipients who are members of socially disadvantaged groups, women, veterans, and beginning farmers and ranchers.

Sec. 707. Unexpended industry support fund revenues at the end of the fiscal year may be carried forward into the industry support fund in the succeeding fiscal year and shall not lapse to the general fund.

FAIRS and EXPOSITIONS

Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for non-equine-related purposes without prior approval of the legislature.

Sec. 802. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue shall be allocated in the following priority order:

(a) To support all administrative, contractual, and regulatory costs incurred by the department and the Michigan gaming control board.

(b) Any remaining funds collected through September 30, 2023, after the obligations in subdivision (a) have been met, shall be prorated equally among the county fairs, supplements, breeders’ awards, and sire stakes awards to eligible race meeting licensees in accordance with section 20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.

Sec. 805. (1) From the funds appropriated in part 1 for county fairs, shows, and expositions, the department shall establish and administer a county fairs, shows, and expositions grant program. The program shall have the following objectives:

(a) Assist in the financing of building improvements or other capital improvements at county fairgrounds of this state.

(b) Provide financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state.

(2) The department shall award grants on a competitive basis to county fairs or other organizations from the funds appropriated in part 1 for county fairs, shows, and expositions grants. Grantees will be required to provide a 50% cash match with grant awards and identify measurable project outcomes. A county fair organization that received a county fair capital improvement grant in the prior fiscal year shall not receive a grant from the appropriation in part 1.

(3) From the amount appropriated in part 1 for county fairs, shows, and expositions, up to $25,000.00 shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions and festivals in this state.

(4) All fairs receiving grants under this section shall provide a report to the department on the financial impact resulting from the capital improvement project on both fair and nonfair events. These reports are due for 3 years immediately following the completion of the capital improvement project.

(5) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards.

(6) The department may expend money from the funds appropriated in part 1 for the county fairs, shows, and expositions for administering the program.

(7) The unexpended portion of the appropriation in part 1 for county fairs, shows, and expositions grants are designated as a work project appropriation and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support building improvements or other capital improvements at county fairgrounds of this state.

(b) All grants will be distributed in accordance with this section and the grant guidelines published prior to the request for proposals.

(c) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The estimated cost of the project is $2,500,000.00.

(e) The tentative completion date for the work project is September 30, 2026.

(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2024 to the subcommittees, the fiscal agencies, and the state budget director that includes a listing of the grantees, award amounts, match funding, project outcomes, and department costs of grant administration.

ONE-TIME APPROPRIATIONS

Sec. 902. (1) From the 1-time funds appropriated in part 1 for minority-owned food and agriculture ventures, the department shall create a grant program to expand minority businesses in food and agriculture. Grant recipients must be majority minority-owned or ventures that are providing access to predominately majority minority-owned businesses.

(2) From the 1-time funds appropriated in part 1 for minority-owned food and agriculture ventures, $400,000.00 shall be allocated to the communities first organization to provide retail space and assistance for predominately minority-owned entrepreneurial businesses.

(3) The unexpended funds appropriated in part 1 for minority-owned food and agriculture ventures are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is the expansion of minority-owned businesses in food and agriculture.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $2,900,000.00.

(d) The tentative completion date for the work project is September 30, 2028.

Sec. 903. The 1-time unexpended funds appropriated in part 1 for agricultural climate resiliency are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to promote the usage and implementation of best regenerative agricultural farming practices and new technologies related to environmental sustainability, including measures to address the impacts of climate change.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $6,000,000.00.

(d) The tentative completion date for the work project is September 30, 2028.

Sec. 904. The unexpended funds appropriated in part 1 for soil health/regenerative agriculture are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is advancing the adoption of soil health and regenerative agriculture principles in Michigan agriculture.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $5,000,000.00.

(d) The tentative completion date for the work project is September 30, 2028.

Sec 905. The 1-time appropriation for Washtenaw conservation district shall be used for a 2-year MIFarmLink pilot project to connect new farmers with opportunities to gain access to land to start their own farms.

ARTICLE 2

DEPARTMENT OF CORRECTIONS

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of corrections for the fiscal year ending September 30, 2024, from the following funds:

DEPARTMENT OF CORRECTIONS

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

13,190.0

 

 

GROSS APPROPRIATION

 

$

2,086,250,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,086,250,000

Federal revenues:

 

 

 

Total federal revenues

 

 

17,143,500

Special revenue funds:

 

 

 

Total local revenues

 

 

9,805,100

Total private revenues

 

 

0

Total other state restricted revenues

 

 

29,805,500

State general fund/general purpose

 

$

2,029,495,900

For Fiscal Year

Ending Sept. 30,

2024

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

359.0

 

 

Unclassified salaries—FTEs

16.0

$

2,184,900

Administrative hearings officers

 

 

3,478,000

Budget and operations administration—FTEs

270.0

 

38,426,000

Compensatory buyout and union leave bank

 

 

100

County jail reimbursement program

 

 

14,814,600

Employee wellness programming—FTEs

7.0

 

2,190,000

Equipment and special maintenance

 

 

1,559,700

Executive direction—FTEs

22.0

 

4,600,200

Judicial data warehouse user fees

 

 

50,600

New custody staff training

 

 

21,519,600

Prison industries operations—FTEs

60.0

 

10,020,400

Property management

 

 

2,479,200

Prosecutorial and detainer expenses

 

 

4,801,000

Worker’s compensation

 

 

12,649,900

GROSS APPROPRIATION

 

$

118,774,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prison rape elimination act grant

 

 

674,700

Special revenue funds:

 

 

 

Correctional industries revolving fund

 

 

10,020,400

Correctional industries revolving fund 110

 

 

721,600

Jail reimbursement program fund

 

 

5,900,000

State general fund/general purpose

 

$

101,457,500

Sec. 103. OFFENDER SUCCESS ADMINISTRATION

 

 

 

Full-time equated classified positions

337.9

 

 

Community corrections comprehensive plans and services

 

$

14,198,100

Education/skilled trades/career readiness programs—FTEs

259.9

 

38,065,000

Enhanced food technology program—FTEs

11.0

 

1,638,400

Goodwill Flip the Script

 

 

1,250,000

Higher education in prison

 

 

1,250,000

Offender success community partners

 

 

16,475,000

Offender success federal grants

 

 

751,000

Offender success programming

 

 

16,122,800

Offender success services—FTEs

67.0

 

17,523,800

Probation residential services

 

 

14,575,500

Public safety initiative

 

 

2,000,000

GROSS APPROPRIATION

 

$

123,849,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prisoner reintegration

 

 

751,000

Federal education revenues

 

 

1,596,600

State general fund/general purpose

 

$

121,502,000

Sec. 104. FIELD OPERATIONS ADMINISTRATION

 

 

 

Full-time equated classified positions

1,880.5

 

 

Criminal justice reinvestment

 

$

3,748,400

Field operations—FTEs

1,849.5

 

227,263,200

Parole board operations—FTEs

31.0

 

3,931,800

Parole/probation services

 

 

940,000

Residential alternative to prison program

 

 

1,500,000

GROSS APPROPRIATION

 

$

237,383,400

For Fiscal Year

Ending Sept. 30,

2024

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Community tether program reimbursement

 

$

275,000

Reentry center offender reimbursements

 

 

10,000

Supervision fees

 

 

6,630,500

Supervision fees set-aside

 

 

940,000

State general fund/general purpose

 

$

229,527,900

Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION

 

 

 

Full-time equated classified positions

707.0

 

 

Body-worn cameras—FTEs

8.0

$

3,767,600

Central records—FTEs

43.0

 

4,888,800

Contraband prevention

 

 

1,000,000

Correctional facilities administration—FTEs

57.0

 

9,576,600

Housing inmates in federal institutions

 

 

511,000

Inmate housing fund

 

 

100

Inmate legal services

 

 

290,900

Intelligence unit—FTEs

30.0

 

3,900,000

Leased beds and alternatives to leased beds

 

 

100

Prison food service—FTEs

324.0

 

74,359,000

Prison store operations—FTEs

33.0

 

3,461,100

Transportation—FTEs

212.0

 

31,637,200

GROSS APPROPRIATION

 

$

133,392,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ-BOP, federal prisoner reimbursement

 

 

411,000

SSA-SSI, incentive payment

 

 

272,000

Special revenue funds:

 

 

 

Correctional industries revolving fund 110

 

 

865,800

Resident stores

 

 

3,461,100

State general fund/general purpose

 

$

128,382,500

Sec. 106. HEALTH CARE

 

 

 

Full-time equated classified positions

1,526.3

 

 

Clinical complexes—FTEs

1,033.3

$

156,904,300

Health care administration—FTEs

18.0

 

3,677,500

Healthy Michigan plan administration—FTEs

12.0

 

1,014,800

Hepatitis C treatment

 

 

10,499,100

Interdepartmental grant to health and human services, eligibility specialists

 

 

120,200

Mental health and substance use disorder treatment services—FTEs

463.0

 

65,418,900

Prisoner health care services

 

 

105,531,600

Vaccination program

 

 

691,200

GROSS APPROPRIATION

 

$

343,857,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues and reimbursements

 

 

403,400

Special revenue funds:

 

 

 

Prisoner health care co-payments

 

 

257,200

State general fund/general purpose

 

$

343,197,000

Sec. 107. CORRECTIONAL FACILITIES

 

 

 

Full-time equated classified positions

8,378.3

 

 

Alger Correctional Facility - Munising—FTEs

259.0

$

32,521,800

Baraga Correctional Facility - Baraga—FTEs

295.8

 

38,684,100

Bellamy Creek Correctional Facility - Ionia—FTEs

416.2

 

50,725,800

Carson City Correctional Facility - Carson City—FTEs

421.4

 

52,087,300

For Fiscal Year

Ending Sept. 30,

2024

Central Michigan Correctional Facility - St. Louis—FTEs

386.6

$

49,076,100

Charles E. Egeler Correctional Facility - Jackson—FTEs

386.6

 

48,864,600

Chippewa Correctional Facility - Kincheloe—FTEs

443.6

 

54,898,100

Cooper Street Correctional Facility - Jackson—FTEs

254.6

 

31,516,300

Detroit Detention Center—FTEs

75.8

 

9,530,100

Earnest C. Brooks Correctional Facility - Muskegon—FTEs

248.2

 

32,443,900

G. Robert Cotton Correctional Facility - Jackson—FTEs

396.0

 

48,409,000

Gus Harrison Correctional Facility - Adrian—FTEs

304.0

 

38,563,000

Ionia Correctional Facility - Ionia—FTEs

293.3

 

37,055,800

Kinross Correctional Facility - Kincheloe—FTEs

258.6

 

34,970,900

Lakeland Correctional Facility - Coldwater—FTEs

275.4

 

35,240,900

Macomb Correctional Facility - New Haven—FTEs

313.3

 

40,062,600

Marquette Branch Prison - Marquette—FTEs

319.7

 

40,496,900

Muskegon Correctional Facility - Muskegon—FTEs

208.0

 

28,232,200

Newberry Correctional Facility - Newberry—FTEs

199.1

 

26,142,200

Oaks Correctional Facility - Eastlake—FTEs

289.4

 

37,358,400

Parnall Correctional Facility - Jackson—FTEs

266.1

 

31,418,200

Richard A. Handlon Correctional Facility - Ionia—FTEs

268.3

 

34,561,800

Saginaw Correctional Facility - Freeland—FTEs

276.9

 

35,438,800

Special Alternative Incarceration Program - Jackson—FTEs

26.2

 

5,135,100

St. Louis Correctional Facility - St. Louis—FTEs

306.6

 

40,295,500

Thumb Correctional Facility - Lapeer—FTEs

283.6

 

36,092,600

Womens Huron Valley Correctional Complex - Ypsilanti—FTEs

505.1

 

63,254,800

Woodland Correctional Facility - Whitmore Lake—FTEs

296.9

 

39,014,000

Northern region administration and support—FTEs

43.0

 

4,572,900