No. 78

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, September 20, 2023.

 

10:00 a.m.

 

 

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

Motions and Communications

 

 

The following communication was received:

Office of Senator Dayna Polehanki

September 14, 2023

Per Senate Rule 1.110(c) I am requesting that my name be added as co-sponsor to Senate Bill 502, which was introduced on September 14th, 2023.

                                                                                       Sincerely,

                                                                                       Dayna Polehanki

                                                                                       State Senator, District 5

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Darrin Camilleri

September 16, 2023

I would like to request my name be added as a co-sponsor of Senate Bill 489. Please feel free to reach out to my office by emailing SenDCamilleri@senate.michigan.gov or calling 517-373-7918 if you have any other questions. Thank you and we appreciate your consideration.

                                                                                       Sincerely,

                                                                                       Darrin Camilleri

                                                                                       State Senator, District 4

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Rosemary Bayer

September 19, 2023

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 502 by Senator Sue Shink on September 14th, 2023.

                                                                                       Sincerely,

                                                                                       Rosemary K. Bayer

                                                                                       13th Senate District

                                                                                       State Senator

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator John Cherry

September 19, 2023

Please add my name as co-sponsor of Senate Bill 489. Should you have any questions, please contact my office by calling (517) 373-0142 or emailing SenJCherry@senate.michigan.gov.

I appreciate your attention to this matter.

                                                                                       Respectfully,

                                                                                       John Cherry

                                                                                       State Senator

                                                                                       District 27

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Sue Shink

September 19, 2023

I am writing to respectfully request that my name be added as a co-sponsor to Senate Bill 500, sponsored by Senator Polehanki.

                                                                                       Sincerely,

                                                                                       Sue Shink

                                                                                       State Senator, 14th District

The communication was referred to the Secretary for record.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: September 18, 2023

Time: 4:58 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 134 (Public Act No. 124), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 1084 and 1091 (MCL 600.1084 and 600.1091), section 1084 as amended by 2017 PA 161 and section 1091 as amended by 2018 PA 591.

(Filed with the Secretary of State on September 19, 2023, at 10:08 a.m.)

 

Date: September 18, 2023

Time: 5:00 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 135 (Public Act No. 125), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 83 and 304 (MCL 257.83 and 257.304), section 83 as added by 2020 PA 383 and section 304 as amended by 2020 PA 376.

(Filed with the Secretary of State on September 19, 2023, at 10:10 a.m.)

                                                                                          Respectfully,

                                                                                          Gretchen Whitmer

                                                                                          Governor

 

Pursuant to rule 3.104 the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators McBroom, Lauwers and Nesbitt introduced

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article VIII, to provide for gubernatorial appointment of the members of the governing boards of the University of Michigan, Michigan State University, and Wayne State University with the advice and consent of the senate, and to modify certain eligibility requirements for membership on the governing board of Michigan State University.

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

 

 

Senator McBroom introduced

Senate Joint Resolution F, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 4 of article VIII, to update the enumeration of public universities and to require that the meetings of governing boards of public universities are open to the public.

The joint resolution was read a first and second time by title and referred to the Committee on Oversight.

 

 

Senator Webber introduced

Senate Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article I, to prohibit slavery or involuntary servitude for the punishment of crime.

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

 

 

Senators McBroom, Klinefelt and Damoose introduced

Senate Bill No. 513, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as amended by 2017 PA 148.

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

 

 

Senators Irwin, Shink, Wojno, Bellino and Klinefelt introduced

Senate Bill No. 514, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2543 (MCL 600.2543), as amended by 2004 PA 328.

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

Senators Bayer, Shink, Cherry, Damoose, Chang, Irwin, Geiss, Klinefelt and Victory introduced

Senate Bill No. 515, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27c of chapter VIII (MCL 768.27c), as added by 2006 PA 79.

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, Cherry, Damoose, Chang, Irwin, Geiss, Klinefelt and Victory introduced

Senate Bill No. 516, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27b of chapter VIII (MCL 768.27b), as amended by 2018 PA 372.

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, Shink, Cherry, Bayer, Damoose, Irwin, Geiss, Klinefelt and Victory introduced

Senate Bill No. 517, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462g (MCL 750.462g), as amended by 2017 PA 53.

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

 

 

Senator Camilleri introduced

Senate Bill No. 518, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as amended by 2020 PA 316.

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

 

 

Senators Singh, McCann, Hertel, McDonald Rivet, Geiss, McMorrow and Shink introduced

Senate Bill No. 519, entitled

A bill to provide for the transition of transition-impacted industries into new industries; to create the community and worker economic transition office in the department of labor and economic opportunity; to create certain advisory committees; and to provide for the powers and duties of certain state governmental officers and entities.

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

 

 

House Bill No. 4992, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 6 and 9 of chapter 1 and sections 3, 73, 84, 85, 86a, 86b, 86c, 91, 92, and 93 of chapter 2 (MCL 141.506, 141.509, 141.603, 141.673, 141.684, 141.685, 141.686a, 141.686b, 141.686c, 141.691, 141.692, and 141.693), section 6 of chapter 1 as amended and sections 86a, 86b, and 86c of chapter 2 as added by 2018 PA 456 and section 9 of chapter 1 as added and sections 3, 73, 84, 85, 92, and 93 of chapter 2 as amended by 1996 PA 478, and by adding section 92a to chapter 2.

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 Appropriations.

 

 

House Bill No. 4998, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 7 (MCL 285.67), as amended by 2004 PA 274.

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 Appropriations.

 

 

House Bill No. 4999, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 6 (MCL 285.66), as amended by 2002 PA 80.

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 Appropriations.

House Bill No. 5001, entitled

A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending section 7 (MCL 285.317), as amended by 2016 PA 264.

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 Appropriations.

 

 

House Bill No. 5002, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2022 PA 220.

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 Appropriations.

 

 

House Bill No. 5006, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 7 (MCL 12.257), as amended by 2020 PA 171.

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 Appropriations.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, September 19:

House Bill Nos.     4992   4998   4999   5001  5002  5006

 

The Secretary announced that the following bills were printed and filed on Tuesday, September 19, and are available on the Michigan Legislature website:

House Bill Nos.     5012   5013   5014   5015  5016   5017   5018  5019

 

The Secretary announced that the following bills were printed and filed on Wednesday, September 20, and are available on the Michigan Legislature website:

Senate Bill Nos.      503    504    505    506    507    508    509    510    511   512

 

 

Committee Reports

 

 

The Committee on Housing and Human Services reported

Senate Bill No. 417, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44c (MCL 125.1444c), as amended by 2012 PA 345.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Jeff Irwin

Chairperson

To Report Out:

Yeas: Senators Irwin, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose

Nays: Senator Lindsey

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Housing and Human Services submitted the following:

Meeting held on Tuesday, September 19, 2023, at 12:00 noon, Room 403, 4th Floor, Capitol Building

Present: Senators Irwin (C), Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey, Hoitenga and Damoose

Excused: Senator Santana

The Committee on Education reported

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.

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

Dayna Polehanki

Chairperson

To Report Out:

Yeas: Senators Polehanki, Geiss, Chang, Camilleri, McDonald Rivet and Damoose

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education submitted the following:

Meeting held on Tuesday, September 19, 2023, at 1:30 p.m., Room 1100, Binsfeld Office Building

Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson

 

 

Scheduled Meetings

 

 

Civil Rights, Judiciary, and Public Safety – Thursday, September 21, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Labor – Thursday, September 21, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5314

 

 

In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:05 a.m.

 

The Secretary of the Senate declared the Senate adjourned until Thursday, September 21, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate