STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Wednesday, September 27, 2023.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Albert—present Hauck—present Moss—present
Anthony—present Hertel—present Nesbitt—present
Bayer—present Hoitenga—present Outman—present
Bellino—present Huizenga—present Polehanki—present
Brinks—present Irwin—present Runestad—present
Bumstead—present Johnson—present Santana—present
Camilleri—present Klinefelt—present Shink—present
Cavanagh—present Lauwers—present Singh—present
Chang—present Lindsey—present Theis—present
Cherry—present McBroom—present Victory—present
Daley—present McCann—present Webber—present
Damoose—present McDonald Rivet—present Wojno—present
Geiss—present McMorrow—present
Senator Sarah Anthony of the 21st District offered the following invocation:
Father, we call Thee Father because we love Thee. We are glad to be called Thy children, and to dedicate our lives to the service that extends through willing hearts and hands to the betterment of all mankind. We send a cry of thanksgiving for people of all races, creeds, classes, and colors around the world, and pray that through the instrumentality of our lives the spirit of peace, joy, fellowship, and brotherhood shall circle the world.
We know that this world is filled with discordant notes, but help us, Father, to unite our efforts that we may all join in one harmonious symphony for peace and brotherhood, justice, and equality of opportunity for all men. The tasks performed today with forgiveness for all our errors, we dedicate, dear Lord, to Thee.
Grant us strength and courage and faith and humility for the tasks assigned to us. These blessings and others we do pray. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Singh moved that Senator Santana be temporarily excused from today’s session.
The motion prevailed.
Senator Geiss entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators McBroom and Bellino introduced
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 15b.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senators Geiss, Wojno, Anthony, Shink and Klinefelt introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217, 222, and 233a (MCL 257.217, 257.222, and 257.233a), sections 217 and 233a as amended by 2022 PA 224 and section 222 as amended by 2014 PA 290.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senators Bellino, McDonald Rivet, Klinefelt, McCann, Shink, Chang, Camilleri and Bayer introduced
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2022 PA 144.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators McDonald Rivet, Bellino, Klinefelt, McCann, Shink, Chang, Camilleri and Bayer introduced
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 101a.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Wojno introduced
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; 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; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 3 (MCL 207.553), as amended by 2010 PA 122.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senator Wojno introduced
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; 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; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2011 PA 154.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81132, 81145, 81146, and 81150 (MCL 324.81101, 324.81132, 324.81145, 324.81146, and 324.81150), section 81101 as amended by 2020 PA 385 and sections 81132, 81145, 81146, and 81150 as added by 1995 PA 58.
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.
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2227 (MCL 500.2227), as amended by 2014 PA 509.
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 Housing and Human Services.
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4q (MCL 117.4q), as amended by 2013 PA 188.
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 Housing and Human Services.
By unanimous consent the Senate returned to the order of
General Orders
Senator Santana entered the Senate Chamber.
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator McDonald Rivet 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. 4982, entitled
A bill to amend 2015 PA 45, entitled “Higher
education authorization and distance education reciprocal exchange act,” by
amending section 7 (MCL 390.1697), as amended by 2017 PA 99.
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.
The bills were placed on the order of Third Reading of Bills.
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.
Substitute (S-5).
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.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:15 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
The motion prevailed.
Senator Cherry’s statement is as follows:
Today is a bittersweet day for me. Katie Olkowski, who has been in my office in the House and here in the Senate is having her final day, and she is going off to greener pastures. It’s very sad, she is going to be missed by everyone in our office. I can say, Katie has been one of the hardest working, most prepared and wonderful people to have in an office. She lifts everybody up and has really done great things for not only my office but our constituents in the state of Michigan.
Although she is leaving the office, she is not leaving Lansing, and so she is going to be continuing to help many people in Michigan. We are very proud of her and, while we will miss her, we know that it is a natural thing and she will go on to do wonderful things. We will miss you, Katie, and thank you for your service to the state of Michigan.
Recess
Senator Polehanki moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:24 a.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
House Bill No. 4982
The motion
prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Singh moved that the Senate proceed to consideration of the following bills:
House Bill No. 4988
House Bill No. 4993
House Bill No. 4994
House Bill No. 4995
House Bill No. 4996
House Bill No. 4997
House Bill No. 5000
House Bill No. 5003
The motion prevailed.
The following bill was read a third time:
House Bill No. 4988, entitled
A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2019 PA 86.
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. 458 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
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. 4993, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 13, 17, 21, 25, 27, 31, 37, and 38 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2231, 338.2237, and 338.2238), as amended by 2019 PA 71.
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. 459 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
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 establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4994, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2019 PA 73.
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. 460 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
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 enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to regulate Michigan investment markets; to make uniform the law with reference to securities; 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. 4995, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2019 PA 70.
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. 461 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
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 organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4996, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2019 PA 69.
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. 462 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
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 revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,”
The
Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4997, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2019 PA 68.
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. 463 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
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 organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5000, entitled
A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 3 (MCL 28.273), as amended by 2019 PA 78.
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. 464 Yeas—34
Albert Daley Klinefelt Polehanki
Anthony Damoose Lauwers Runestad
Bayer Geiss McCann Santana
Brinks Hauck McDonald Rivet Shink
Bumstead Hertel McMorrow Singh
Camilleri Hoitenga Moss Victory
Cavanagh Huizenga Nesbitt Webber
Chang Irwin Outman Wojno
Cherry Johnson
Nays—4
Bellino Lindsey McBroom Theis
Excused—0
Not Voting—0
In The Chair: President
The President pro tempore, Senator Moss, assumed the Chair.
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. 5003, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 139 (MCL 330.1139), as amended by 2019 PA 83.
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. 465 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Moss
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 codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; 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 bill:
Senate Bill No. 506
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 506, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 3119, 4103, and 4117 (MCL 289.3119, 289.4103, and 289.4117), sections 3119 and 4103 as amended by 2018 PA 92 and section 4117 as amended by 2012 PA 178.
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. 466 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 507, 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 question being on the passage of the bill,
Senator Anthony offered the following substitute:
Substitute (S-2).
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. 467 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 508, 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 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. 468 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 509, 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 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. 469 Yeas—21
Anthony Cherry Klinefelt Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McDonald Rivet Shink
Camilleri Hoitenga McMorrow Singh
Cavanagh Irwin Moss Wojno
Chang
Nays—17
Albert Hauck Lindsey Runestad
Bellino Huizenga McBroom Theis
Bumstead Johnson Nesbitt Victory
Daley Lauwers Outman Webber
Damoose
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 510, 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 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. 470 Yeas—21
Anthony Cherry Klinefelt Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McDonald Rivet Shink
Camilleri Hoitenga McMorrow Singh
Cavanagh Irwin Moss Wojno
Chang
Nays—17
Albert Hauck Lindsey Runestad
Bellino Huizenga McBroom Theis
Bumstead Johnson Nesbitt Victory
Daley Lauwers Outman Webber
Damoose
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 511, 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 question being on the passage of the bill,
Senator Albert offered the following substitute:
Substitute (S-2).
The substitute was not adopted, a majority of the members serving not 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. 471 Yeas—24
Anthony Chang Irwin Polehanki
Bayer Cherry Klinefelt Santana
Bellino Geiss McCann Shink
Brinks Hauck McDonald Rivet Singh
Camilleri Hertel McMorrow Webber
Cavanagh Huizenga Moss Wojno
Nays—14
Albert Hoitenga McBroom Runestad
Bumstead Johnson Nesbitt Theis
Daley Lauwers Outman Victory
Damoose Lindsey
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Albert’s statement is as follows:
This is a bill that would have benefited going through the committee process; there was plenty of opportunity for collaboration and working together to improve state policy here. Over the past three years, roughly $600 million of pension debt from Michigan universities has been paid off. It’s estimated there’s about $60 million of debt that remains. This is roughly a 90 percent payoff of this pension debt and it’s resulted in massive annual savings for Michigan universities for which this applies. This move was critical to help these universities address substantive reductions in tuition revenue which has resulted from enrollment declines. This de-risking move of reducing debt will be a great help in keeping our universities financially afloat. It’s important to note that these university pension systems have been closed to new entrants for about 25 years and these are very much legacy costs.
Now that the pension debt for these universities is nearly paid off, it’s time for the state to reevaluate how this debt is applied to universities. This substitute makes two changes to the bill. First, instead of reducing the university’s annual pension payments and spreading them out over a greater number of years, it keeps the payment schedule the same. This will in effect have the remaining debt paid off in a very short period of time—likely in three years or so. If one pays off 90 percent of their mortgage, it makes a whole lot more sense to keep making the payments and get out from under the debt rather than refinancing to extend the maturity out to a further date. This substitute would hold the debt payment steady to get this debt paid off once and for all. Secondly, this substitute removes the liability for the pensions from the universities to the state once it’s paid off. It’s only fair that after the universities are finally out from this pension debt as a whole, the risk of the future liability is transferred to the state so the universities can continue to focus their efforts on addressing the problem of declining enrollment which is not going away any time soon.
I encourage my colleagues to support this
substitute.
Senator Singh moved that the Senate proceed to consideration of the following bill:
House Bill No. 4352
The motion prevailed.
The following bill was read a third time:
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 question being on the passage of the bill,
Senator Webber offered the following amendment:
1. Amend page 3, line 14, by striking out all of subdivision (e).
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. 472 Yeas—26
Anthony Cherry McBroom Santana
Bayer Damoose McCann Shink
Bellino Geiss McDonald Rivet Singh
Brinks Hertel McMorrow Victory
Camilleri Huizenga Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang Klinefelt
Nays—12
Albert Hauck Lauwers Outman
Bumstead Hoitenga Lindsey Runestad
Daley Johnson Nesbitt Theis
Excused—0
Not Voting—0
In The Chair: Moss
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 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,”
The Senate agreed to the full title.
The following bill was read a third time:
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 question being on the passage of the bill,
Senator Webber offered the following amendment:
1. Amend page 3, line 24, after “high-occupancy” by striking out “vehicles or other classes of vehicles determined by the department,” and inserting “vehicles,”.
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. 473 Yeas—25
Anthony Cherry McBroom Santana
Bayer Damoose McCann Shink
Bellino Geiss McDonald Rivet Singh
Brinks Hertel McMorrow Victory
Camilleri Irwin Moss Webber
Cavanagh Klinefelt Polehanki Wojno
Chang
Nays—13
Albert Hoitenga Lauwers Outman
Bumstead Huizenga Lindsey Runestad
Daley Johnson Nesbitt Theis
Hauck
Excused—0
Not Voting—0
In The Chair: Moss
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:
Senate Bill No. 470, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2023 PA 25.
The question being on the passage of the bill,
Senator Johnson offered the following amendments:
1. Amend page 3, line 29, by striking out “September 1, 2025,” and inserting “July 1, 2024,”.
2. Amend page 6, line 13, after “beginning” by striking out “September 1, 2025,” and inserting “July 1, 2024,”.
3. Amend page 9, line 14, after “than” by striking out “September 1, 2025,” and inserting “July 1, 2024,”.
The question being on the adoption of the amendments,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 474 Yeas—17
Albert Hauck Lauwers Runestad
Bellino Hoitenga Lindsey Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose
Nays—21
Anthony Cherry McBroom Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McDonald Rivet Shink
Camilleri Irwin McMorrow Singh
Cavanagh Klinefelt Moss Wojno
Chang
Excused—0
Not Voting—0
In The Chair: Moss
Senator McBroom, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendments offered by Senator Johnson to Senate Bill No. 470.
Senator McBroom’s statement is as follows:
I didn’t support this bill that passed—creating this mechanism for voting—and therefore I support extending the deadline as long as possible to avoid implementing it. That is why I voted “no.”
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. 475 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—17
Albert Hauck Lauwers Runestad
Bellino Hoitenga Lindsey Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
Protest
Senator Johnson, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 470 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”
The motion prevailed.
Senator Johnson’s statement is as follows:
Senate Bill No. 470 seeks to delay the implementation of bipartisan legislation passed last year to help our military men and women to vote more easily and securely.
Early in my time as Michigan Secretary of State, I participated in a bipartisan coalition of secretaries from across America who visited our troops and military leaders at five bases and three ships in three countries in the Middle East to try and find ways to make it easier for our military men and women to vote as they risk their lives every day for us and in defense of our nation, freedom, and our way of life. The voting rate is 36 percent lower for military members than citizens with similar demographics.
My bill—Senate Bill No. 311—and Senator Wojno’s bill—Senate Bill No. 8—from last session, the legislation that Senate Bill No. 470 now seeks to amend, created the ability for military members to vote using the same secure technology used to transmit our nation’s most sensitive military documents. This new law was passed a year ago, in September 2022, and signed into law a week later by the Governor. This law which we now seek to amend with Senate Bill No. 470 had overwhelming bipartisan support. The Secretary of State has had 12 months to work on this system and to begin making rules for its use in order to help our service men and women to vote more easily and securely in the 2024 election that itself is still more than 12 months away.
Yet, instead, the Secretary of State is seeking to delay this help for our military to vote until September 2025. This is an issue I’ve worked on passionately since I was Secretary of State. It’s bipartisan and it’s designed to help the people who risk their lives for our country every day to vote more easily and securely. The department has had and continues to have more than adequate time to get this system up and running ahead of the 2024 election with the 2024 general election still being over a year away. I worked very hard as Secretary of State to implement things in the time frame provided for by laws and I don’t think it’s unreasonable that the current Secretary of State should do the same.
This bill will disenfranchise our military men and women in the upcoming 2024 federal and state elections by depriving them of the use of this easy and secure means of voting. I will be voting “no” on this bill and I urge my colleagues to do the same.
The motion prevailed.
Senator Johnson’s statement is as follows:
I rise to ask my colleagues to support this amendment. The Secretary of State has already had over a year to work on implementation of the bipartisan law I sponsored to help our military men and women to vote more easily and securely. The 2024 election itself is still over a year away. Asking for a delay until September 2025 is unreasonable and will disenfranchise our military men and women by depriving them of this secure tool to vote more easily in the upcoming state and federal elections.
My amendment would extend the current deadline for the Secretary of State from January 2024 to July 2024, providing an additional six months for her office to do the work necessary to help our military members vote. This would still allow military members to use the option for the 2024 election. A baby can be made in nine months; this certainly should be able to be done in that amount of time. I urge my colleagues to support this common-sense amendment.
Senator Wojno’s statement is as follows:
I urge my colleagues to vote “no” on this
amendment that is presently being offered. It has been an honor to sponsor this
legislation giving overseas military men and women this option to return their
AV ballots. The Michigan Department of State said it would like to be able to
pilot this process during odd-year elections in 2025 before going statewide in
2026. It is important that we ensure our overseas military personnel have the
option of the electronic return of their ballots and the Secretary of State’s
office have adequate time to implement a secure portal for these ballots to be
processed.
The following bill was read a third time:
Senate Bill No. 331, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9o, 19, and 30 (MCL 211.9o, 211.19, and 211.30), section 9o as amended by 2021 PA 150, section 19 as amended by 2017 PA 261, and section 30 as amended by 2013 PA 153.
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. 476 Yeas—38
Albert Daley Lauwers 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 Klinefelt
Nays—0
Excused—0
Not Voting—0
In The Chair: Moss
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 11:38 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate Resolution No. 74
Senate Resolution No. 75
The motion prevailed, a majority of the members serving voting therefor.
Senators Geiss, Santana, Wojno, Anthony, Shink and Klinefelt offered the following resolution:
Senate Resolution No. 74.
A resolution to urge the President of the United States and the United States Congress to renew the African Growth and Opportunity Act and to expand it to include other sub-Saharan African countries.
Whereas, The African Growth and Opportunity Act (AGOA) was enacted in May 2000 to provide eligible sub-Saharan African countries with duty-free access to the United States market for over 1,800 products, as well as over 5,000 products that are eligible for duty-free access under the Generalized System of Access Program. To become and remain eligible for duty-free access, countries must establish or make continual progress towards establishing a market-based economy, the rule of law, political pluralism, and the right to due process. Eligible countries must have also eliminated barriers to trade and investment with the United States and enacted policies to reduce poverty, combat corruption, and protect human rights; and
Whereas, Approximately forty sub-Saharan African countries are eligible for AGOA beneficiary status. On October 2, 2000, President Bill Clinton designated thirty-four countries as eligible for trade benefits provided under the AGOA. Since the AGOA’s enactment, countries have been added and removed from the list of eligible countries, including Cote d’Ivoire, the Central African Republic, and the Democratic Republic of the Congo. Since 2019, Cameroon, Ethiopia, Guinea, Mali, and Burkina Faso have had their AGOA beneficiary status revoked, while the Democratic Republic of the Congo was declared an eligible lesser-developed beneficiary sub-Saharan African country; and
Whereas, The AGOA has been amended four times to clarify preferential treatment terms, technical standards, and sunset deadlines. With an initial expiration date of September 2007, President George W. Bush signed the AGOA Acceleration Act in July 2004 and extended the act’s expiration date to 2015. In June 2015, President Barack Obama signed the Trade Preferences Extension Act, thereby extending the AGOA’s validity to its current expiration date of 2025; and
Whereas, United States’ imports under the AGOA continue to grow. Total AGOA imports were valued at 9.4 billion dollars in 2022, an increase of 57 percent from 6.0 billion dollars in 2021 and more than double the value of imports in 2020, during the height of the COVID-19 pandemic. Among these imports, energy product imports, such as crude oil, increased from 1.9 billion dollars in 2021 to 4.5 billion dollars in 2022, and accounted for 47 percent of AGOA imports. Nigeria was the top supplier of energy products in 2022, with 3.4 billion dollars imported. Non-energy imports, such as motor vehicles, textiles, and apparel, increased by 21 percent in 2022 to 5.0 billion dollars. South Africa was the top supplier of AGOA non-energy imports, with eligible imports increasing by 46 percent from 2021 to 2022; and
Whereas, The State of Michigan is well-positioned to support AGOA products from nations like Nigeria, South Africa, and other sub-Saharan African nations to create a two-way pipeline of investment for local entrepreneurs in our state. In 2022, Michigan imported 153 billion dollars, making it the sixth largest importer out of the 53 importers in the United States. As of May 2023, Michigan imported 14.7 billion dollars, with cars, parts and accessories for motor vehicles, delivery trucks, spark ignition engines, and commodities that were not otherwise specified among the top imports; and
Whereas, It is imperative that the United States renew the AGOA and expand it to include other sub-Saharan African countries in an effort to assist with sub-Saharan Africa’s regional integration efforts. Sub-Saharan Africa has already become more integrated through tariff reduction and increasing trade in the region. An increase in integration has already led to a growth in regional exports. Coupled with the types of goods it exports, the sub-Saharan Africa region is quickly become an attractive trading partner for the State of Michigan. Expanding the AGOA to include other sub-Saharan African countries may help Michigan businesses by encouraging reform of economic and commercial regimes, leading to stronger markets and more effective partners for the State of Michigan; now, therefore, be it
Resolved by the Senate, That we urge the President of the United States and the United States Congress to renew the African Growth and Opportunity Act and to expand it to include other sub-Saharan African countries; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of Michigan’s congressional and senatorial delegations.
The question being on the adoption of the resolution,
Senators Bayer, Chang, Cherry, Lauwers and Singh were named co-sponsors of the resolution.
The motion prevailed.
Senator Geiss’ statement is as follows:
I rise to offer Senate Resolution No. 74, a resolution urging Congress to renew the African Growth Opportunity Act, also known as AGOA. Twenty-three years ago, in the year 2000, Congress passed the African Growth and Opportunity Act, a U.S. trade preference program, to help spur market-led economic growth and development in sub-Saharan Africa, and deepen U.S. trade and investment ties with the region. Since its inception, AGOA has been amended four times and is set to expire in 2025, but we should not wait until the last minute to renew this important economic development tool that is mutually beneficial to us here and to the continent.
AGOA has been the cornerstone of America’s economic engagement with sub-Saharan Africa over the past 23 years to provide eligible sub-Saharan African nations with additional duty-free access to more than 1,800 designated products, with the aim of assisting the countries and easing economic relations between the U.S. and Africa. It also creates a way of economic partnerships that are not exploitative or extractive, but instead collaborative and across multiple sectors.
In 2022, total U.S. AGOA imports were $9.4 billion, up 57 percent from $6 billion in 2021 and more than double 2020 values, which was at the height of the coronavirus pandemic. Here, in Michigan specifically, the state of Michigan and sub-Saharan African trade was $1.7 billion in 2022 according to the International Trade Administration, with South Africa and Nigeria leading the way. And our geographic position on the Great Lakes also makes us well sited in addition to being well poised for the type of trade and investments that AGOA helps facilitate and encourage.
Encouraging increased trade and investment between the state of Michigan and sub-Saharan Africa must happen. Urging Congress to renew AGOA and expand U.S. assistance to sub-Saharan Africa’s regional integration efforts is necessary as the state of Michigan continues to expand its global reach through trade and investment. As this state looks abroad for partnerships, we must not sleep on Africa.
Further, the state of Michigan is well positioned to support AGOA products from nations like Nigeria, Ghana, Kenya, South Africa, and other sub-Saharan African nations to create a two-way pipeline of investment for local entrepreneurs in Michigan. As such, it is important that Congress renew AGOA, especially for the people of the diaspora here in Michigan, and worldwide.
Senator McMorrow offered the following resolution:
Senate Resolution No. 75.
A resolution to designate September 27, 2023, as Face Equality Day.
Whereas, Facial disfigurement, whether congenital, trauma related or acquired, is a neglected global human rights issue often leading to poverty, prejudice, and exclusion; and
Whereas, Face Equality Day brings public awareness to the issues and prejudices people with facial disfigurements experience, including health inequities, online abuse, workplace discrimination, and hate crimes; and
Whereas, Face Equality International has brought together 35 worldwide organizations, including Burn Survivors Of Michigan, to provide a source of hope, sense of community, and continued advocacy to improve lives around the world; now, therefore, be it
Resolved by the Senate, That the members of this legislative body designate September 27, 2023, as Face Equality Day; and be it further
Resolved, That we urge residents to take part in raising awareness and support for those with facial disfigurements.
The question being on the adoption of the resolution,
Senators Bayer, Chang, Cherry, Geiss and Singh were named co-sponsors of the resolution.
The motion prevailed.
Senator McMorrow’s statement is as follows:
Today I am proud to stand before you to propose that we in the Michigan Senate recognize today, September 27, 2023, as Facial Equality Day in the state of Michigan. Logan Zelenak, a constituent from my district and a fierce longtime advocate for facial equality, has been closely working with my team to bring this important cause to light and we’re so grateful for all for all that they’ve done and continue to do.
Currently, over 100 million people
worldwide have a mark, a scar, or a condition which affects their facial
appearance. Throughout history, equality and discrimination laws have failed to
protect the facial difference community from harm. It may be hard to believe
but so-called ugly laws outlawed this community from being seen in public until
the 1970s. The legacy of this systemic oppression remains today where people
with facial differences are forcibly hidden from sight around the world, but
also through the absence of representation of facial differences on our screens
and in censorship of the community on social media.
The false notion that facial differences shouldn’t be celebrated—just like every other trait that makes each and every one of us unique—the idea that their faces are not worthy of being seen, that’s why the theme for International Face Equality Week this year was, We will not hide. As of now, not all people with facial differences are protected under the Americans with Disabilities Act which is why Face Equality International is advocating for disfigurement to be recognized as an independent equality and human rights issue so that the rights and protections of those with facial differences are not limited to disability laws and spaces.
It’s crucial that we work together to eliminate the life-limiting stigma and prejudice associated with facial differences and disfigurement through education as well as growing and amplifying the voices of this inclusive empowered community and individuals devoted toward campaigning for this important cause. This will bring us one step closer to help Michigan and the country closer to truly being a place where everyone can thrive exactly as they are.
I’d like to recognize Logan who has joined us here today in the Gallery, and I ask for your support of this resolution.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
The Assistant President pro tempore, Senator Geiss, assumed the Chair.
The following bill was read a third time:
House Bill No. 4377, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2015 PA 172.
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. 477 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”
The Senate agreed to the full title.
Protests
Senators Bellino, McBroom, Daley, Lindsey, Victory and Theis, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4377.
Senators Bellino and McBroom moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Bellino’s statement is as follows:
Madam President, I happen to think that there’s no good time for a tax hike, but my Democratic friends across the aisle are choosing this moment to take the cake at the worst possible time. Of course, that cake will only be taxed if its served with utensils and a napkin. So unless you’re getting married and serving this cake to your spouse, I recommend that you bring both.
Madam President, unless we are all living under a rock, or inside the Lansing bubble, you know that food prices have skyrocketed in the last couple years. Inflation has made putting food on the kitchen table more expensive than it has been in decades. And yet my colleagues across the aisle think now is a good time to make food more expensive.
Madam President, I owned a small business for almost 25 years. Alongside a lot of food, I sold a lot of beverages—adult beverages, soda pops, a lot of stuff—and I can tell you that I couldn’t afford to hire an accountant right now to tell me what is taxable and what is not taxable. Is it sweet tea? Is it unsweetened tea? Is it a bag of Better Made potato chips from Detroit? Or do I tax the bag of M&Ms made in Tennessee?
These bills are unnecessarily complicated, confusing, contradictory, convoluted, and costly, but they lack one thing Madam President—common sense. I ask for a “no” vote.
The sorry history of this Department of Treasury and their odd way of suddenly finding new interpretations of laws only to then have them devolve into mass chaos is well-documented, between their history of suddenly deciding that milk bulk tanks were actually personal property instead of physical property, or their determination of whether the ten-cent deposit should be put on frozen slush mix for margaritas, why is our Department of Treasury constantly digging into these tax laws and creating strange novel interpretations that harass our residents and create mass confusion?
Here we have today, another amazing example of this where now we can’t decide whether something should be taxed or not depending on whether they handed a fork to you or not. Whether they heated it up too long or not enough. We’re literally having to write laws and I can already see problems with the new law because it says they give you a fork or hand it to you, but is it given when it’s left on the counter? What if it’s slid across the counter? Do you have to touch hands? Do we have to make physical contact? Are rinseable spoons utensils or not? I don’t know, because we obviously have to spell it all out for Treasury or they’ll just make the next thing up to bilk our citizens of more dollars. Are nachos and cheese dip a heated thing, or is the cheese dip a condiment? And since the nachos aren’t heated but the cheese dip is—but it’s a condiment—these aren’t taxable. We don’t know anymore. We’ll have to let Treasury figure it out, and they’ll have ten different interpretations from every different Treasury official who goes out there, and then decide which one can get them the most money to somehow bolster us through the next budget crisis.
This bill started with a bad premise, it continues a bad premise, and it doesn’t get to the heart of the issue which is a department that is out of control and often to the boondocks persecuting our citizens. I ask for a “no” vote. Send this back to the drawing board, and send Treasury a message to get off their butts and just interpret the law plainly instead of making all of this drama we don’t need.
The following bill was read a third time:
House Bill No. 4378, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2015 PA 171.
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. 478 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 4752
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. 4752
House Bill No. 4982
House Bill No. 4990
House Bill No. 4991
House Bill No. 5004
House Bill No. 5006
House Bill No. 5007
The motion prevailed.
The following bill was read a third time:
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 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. 479 Yeas—37
Albert Daley Lauwers 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 Klinefelt Outman Wojno
Cherry
Nays—1
Johnson
Excused—0
Not Voting—0
In The Chair: Geiss
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 a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; 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. 4982, entitled
A bill to amend 2015 PA 45, entitled “Higher education authorization and distance education reciprocal exchange act,” by amending section 7 (MCL 390.1697), as amended by 2017 PA 99.
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. 480 Yeas—37
Albert Daley Klinefelt Polehanki
Anthony Damoose Lauwers 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—1
Lindsey
Excused—0
Not Voting—0
In The Chair: Geiss
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 reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide 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. 4990, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804, 806, and 809 (MCL 257.208b, 257.217a, 257.232, 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, and 257.809), section 208b as amended by 2020 PA 382, sections 217a, 803b, 803r, and 806 as amended by 2019 PA 88, section 232 as amended by 2022 PA 223, section 801 as amended by 2020 PA 103, section 802 as amended by 2021 PA 110, section 804 as amended by 2022 PA 143, and section 809 as amended by 2020 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. 481 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
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 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,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4991, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 7 (MCL 28.297), as amended by 2019 PA 80.
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. 482 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
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. 5004, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5801, 6237, 13522, and 20161 (MCL 333.5801, 333.6237, 333.13522, and 333.20161), section 5801 as amended by 2015 PA 91, section 6237 as amended by 2019 PA 75, section 13522 as amended by 1994 PA 100, and section 20161 as amended by 2022 PA 187.
The question being on the passage of the bill,
Senator Anthony offered the following substitute:
Substitute (S-4).
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. 483 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
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 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. 484 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
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 create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,”
The
Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5007, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3122, 4112, 5522, 11525a, 17303, 17317, 80130, 80315, 81114, and 82156 (MCL 324.3122, 324.4112, 324.5522, 324.11525a, 324.17303, 324.17317, 324.80130, 324.80315, 324.81114, and 324.82156), sections 3122 and 4112 as amended by 2019 PA 79, section 5522 as amended by 2019 PA 119, section 11525a as amended by 2022 PA 246, sections 17303 and 17317 as amended by 2019 PA 85, and sections 80130, 80315, 81114, and 82156 as amended by 2019 PA 81.
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. 485 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: Geiss
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
Announcements of Printing and Enrollment
House
Bill Nos. 4021 4331 4332
The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, September 26, and are available on the Michigan Legislature website:
House Bill Nos. 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050
House Joint Resolution G
The Secretary announced that the following bills were printed and filed on Wednesday, September 27, and are available on the Michigan Legislature website:
Senate Bill Nos. 520 521 522 523 524 525 526 527 528 529 530 531
The Committee on Housing and Human Services reported
Senate Bill No. 382, entitled
A bill to facilitate access to state services by individuals with limited English proficiency; to provide for the powers and duties of certain state governmental officers and entities; and to provide for biennial reports concerning equal language access.
With the recommendation that the bill pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose
Nays: Senators Lindsey and Hoitenga
The bill was referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 383, entitled
A bill to provide for the statewide coordination of equal language access to state services by individuals with limited English proficiency; to provide for the powers and duties of certain state governmental officers and entities; and to establish a process for submitting complaints and obtaining remedies for lack of equal language access and for denials of equal access based on one’s national origin.
With the recommendation that the bill pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose
Nays: Senators Lindsey and Hoitenga
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 26, 2023, at 9:00 a.m., Room 403, 4th Floor, Capitol Building
Present: Senators Irwin (C), Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey, Hoitenga and Damoose
The Committee on Education reported
Senate Bill No. 500, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1271.
With the recommendation that the bill pass.
Dayna Polehanki
Chairperson
To Report Out:
Yeas: Senators Polehanki, Geiss, Chang, Camilleri, McDonald Rivet and Damoose
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, September 26, 2023, at 2:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
The Committee on Natural Resources and Agriculture reported
Senate Bill No. 441, entitled
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Sue Shink
Chairperson
To Report Out:
Yeas: Senators Shink, Cherry, Singh, Polehanki, Daley and Victory
Nays: Senator Hoitenga
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Agriculture submitted the following:
Meeting held on Tuesday, September 26, 2023, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Shink (C), Cherry, Singh, Polehanki, Daley, Victory and Hoitenga
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, September 26, 2023, at 2:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Klinefelt (C), Wojno, Moss, Bayer, Shink, Hoitenga and Daley
Civil Rights, Judiciary, and Public Safety – Thursday, September 28, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312
Economic and Community Development – Thursday, September 28, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721
Legislative Council – Tuesday, October 4, 9:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-0212
Regulatory Affairs – Thursday, September 28, 9:15 a.m., Room 1100, Binsfeld Office Building (517) 373-1721
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 12:47 p.m.
The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Thursday, September 28, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate