STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Wednesday, October 18, 2023.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Jeremy Moss.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Albert—present Hauck—present Moss—present
Anthony—present Hertel—present Nesbitt—present
Bayer—present Hoitenga—present Outman—present
Bellino—present Huizenga—present Polehanki—present
Brinks—present Irwin—present Runestad—present
Bumstead—present Johnson—present Santana—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 Jeremy Moss of the 7th District offered the following invocation:
May we see the day when war and bloodshed cease, when a great peace will embrace the whole world. Then nation will not threaten nation, and the human family will not again know war. For all who live on Earth shall realize we have not come into being to hate or to destroy. We have come into being to praise, to labor, and to love. Compassionate God, bless the leaders of all nations with the power of compassion. Fulfill the promise conveyed in Scripture: I will bring peace to the land, and you shall lie down and no one shall terrify you; I will rid the land of vicious beasts and it shall not be ravaged by war. Let justice and righteousness flow like a mighty stream. Let God’s peace fill the earth as the waters fill the sea.
And let us say: Amen.
The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator McDonald Rivet moved that Senator Singh be temporarily excused from today’s session.
The motion prevailed.
The following communication was received:
Office of Senator John Cherry
October 17, 2023
I would like to request my name be added as a co-sponsor of Senate Bill 410. Please feel free to reach out to my office by emailing SenJCherry@senate.michigan.gov or calling 517-373-0142 if you have any other questions. Thank you and we appreciate your consideration.
Sincerely,
John Cherry
State Senator, District 27
The communication was referred to the Secretary for record.
Recess
Senator McDonald Rivet moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:03 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Theis as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4376, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1207 (MCL 500.1207), as amended by 2018 PA 449.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 12606a (MCL 333.12606a), as amended by
2022 PA 168.
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.
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 bills were placed on the order of Third Reading of Bills.
Senate Bill No. 175, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27b (MCL 211.27b), as amended by 2012 PA 382.
Substitute (S-1).
Senate Bill No. 328, entitled
A bill to require certain standards for smoke alarm and certain other devices; to prohibit certain conduct and prescribe civil sanctions; to authorize the promulgation of rules; and to provide for the powers and duties of certain state governmental officers and entities.
Substitute (S-1).
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509ii (MCL 168.509ii), as added by 2018 PA 350.
The bill was read a first and second time by title and referred to the Committee on Elections and Ethics.
A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 2, 3, 6, and 9 (MCL 722.822, 722.823, 722.826, and 722.829), section 2 as amended by 2019 PA 101 and section 6 as amended by 1996 PA 137.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 5 and 6 (MCL 722.825 and 722.826), as amended by 1996 PA 137.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion
prevailed, a majority of the members serving voting therefor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2f of chapter XIIA (MCL 712A.2f), as added by 2016 PA 185.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 15 and 16 of chapter XIIA (MCL 712A.15 and 712A.16), section 15 as amended by 2020 PA 389 and section 16 as amended by 2019 PA 102.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by 2019 PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443, and by adding section 14.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2d, 2f, and 4 of chapter XIIA (MCL 712A.2d, 712A.2f, and 712A.4), section 2d as amended by 2020 PA 389, section 2f as added by 2016 PA 185, and section 4 as amended by 1996 PA 409.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4803 (MCL 600.4803), as amended by 1996 PA 374.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion
prevailed, a majority of the members serving voting therefor.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 115m (MCL 400.115m), as amended by 2014 PA 308.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 67 and 68 of chapter X and section 19b of chapter XIIA (MCL 710.67, 710.68, and 712A.19b), section 67 of chapter X as amended by 1994 PA 373, section 68 of chapter X as amended by 2012 PA 385, and section 19b of chapter XIIA as amended by 2018 PA 58.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 5, 8a, 8b, and 8d (MCL 722.955, 722.958a, 722.958b, and 722.958d), section 8a as added by 2014 PA 524, section 8b as added by 2018 PA 489, and section 8d as added by 2018 PA 632.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator McDonald Rivet moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
Senator Singh entered the Senate Chamber.
Recess
Senator McDonald Rivet moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:47 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
By unanimous consent the Senate returned to the order of
Messages from the House
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2022 PA 208, and by adding sections 3i, 3j, 3k, and 3l.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2022 PA 208, and by adding sections 3i.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Singh moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 534 Yeas—29
Albert Cherry Klinefelt Polehanki
Anthony Daley McCann Santana
Bayer Damoose McDonald Rivet Shink
Brinks Geiss McMorrow Singh
Bumstead Hertel Moss Victory
Camilleri Huizenga Nesbitt Webber
Cavanagh Irwin Outman Wojno
Chang
Nays—9
Bellino Johnson Lindsey Runestad
Hauck Lauwers McBroom Theis
Hoitenga
Excused—0
Not Voting—0
In The Chair: Moss
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Senator Singh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” (MCL 500.100 to 500.8302) by adding section 3406ee.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Singh moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 535 Yeas—22
Anthony Cherry McCann Santana
Bayer Damoose McDonald Rivet Shink
Brinks Geiss McMorrow Singh
Camilleri Hertel Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang Klinefelt
Nays—16
Albert Hauck Lauwers Outman
Bellino Hoitenga Lindsey Runestad
Bumstead Huizenga McBroom Theis
Daley Johnson Nesbitt Victory
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 bill:
Senate Bill No. 227
The motion prevailed.
The following bill was read a third time:
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 2b, and 2c (MCL 722.111, 722.112b, and 722.112c), section 1 as amended by 2022 PA 208, section 2b as amended by 2007 PA 217, and section 2c as amended by 2017 PA 257.
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. 536 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.
The following bill was read a third time:
Senate Bill No. 57, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7453 (MCL 333.7453), as added by 1988 PA 139.
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. 537 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 58, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7455 (MCL 333.7455), as added by 1988 PA 139.
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. 538 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 572, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 658 (MCL 168.658), as amended by 2023 PA 88.
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. 539 Yeas—30
Albert Cherry McBroom Polehanki
Anthony Geiss McCann Santana
Bayer Hauck McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Bumstead Huizenga Moss Victory
Camilleri Irwin Nesbitt Webber
Cavanagh Johnson Outman Wojno
Chang Klinefelt
Nays—8
Bellino Damoose Lauwers Runestad
Daley Hoitenga Lindsey Theis
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. 573, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 661 (MCL 168.661), as amended by 2023 PA 88.
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. 540 Yeas—30
Albert Cherry McBroom Polehanki
Anthony Geiss McCann Santana
Bayer Hauck McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Bumstead Huizenga Moss Victory
Camilleri Irwin Nesbitt Webber
Cavanagh Johnson Outman Wojno
Chang Klinefelt
Nays—8
Bellino Damoose Lauwers Runestad
Daley Hoitenga Lindsey Theis
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 11:07 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
Senator Singh moved to reconsider the vote by which the following bill was passed:
Senate Bill No. 227, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 2b, and 2c (MCL 722.111, 722.112b, and 722.112c), section 1 as amended by 2022 PA 208, section 2b as amended by 2007 PA 217, and section 2c as amended by 2017 PA 257.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Singh moved that further consideration of the bill be postponed for today.
The motion
prevailed.
Senator Singh moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 388
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 388, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 355 (MCL 490.355), as amended by 2016 PA 152.
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. 541 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.
The motion prevailed.
Senator Runestad’s statement is as follows:
This is a bill that I definitely do support, except I think it should be expanded to all citizens in the state of Michigan. Since I got elected, way back eight-and-a-half years ago, we have had constant calls from constituents who got bottled up in Treasury trying to get back their unclaimed property. Five years before I was elected to office, I was owed $800 from Chase Bank for an account that unfortunately Chase sent over to the state of Michigan. So I began the process five years before I was elected trying to get that money back.
They ran me through hoop, after hoop, after hoop, and had wanted me to produce some documents that didn’t even exist and were not even pertinent to getting that money back. Then after I got in elective office for two years, I would be sending them stuff. I eventually had Treasury come in, explained everything, showed them all the documentation, they finally—so that’s what, 10 years or something after I began the process to get that money—finally I got that $800 back. I think this is outrageous.
Treasury hangs onto that money with dear life. When somebody proves that they owe that money, and there’s nobody else, there was nobody else conceivable that could have produced all the documentation I had, and they still wouldn’t give me that money until I had to raise hell in my office. That shouldn’t have to happen; that a person has to be in elective office to get back that money. Treasury should be on the job getting this money back to these people as fast as possible and it shouldn’t just be veterans who are taken care of with this, but we should extend this to all citizens.
The following bill was read a third time:
Senate Bill No. 389, entitled
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 5, 6, 7, 8, 13, 15, 17, and 18 (MCL 567.225, 567.226, 567.227, 567.228, 567.233, 567.235, 567.237, and 567.238), sections 5, 6, 7, 8, 13, 15, and 17 as amended by 2010 PA 197 and section 18 as amended by 2020 PA 79, and by adding section 17a.
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. 542 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.
Senator Singh moved that the Senate proceed to consideration of the following bill:
House Bill No. 4573
The motion prevailed.
The following bill was read a third time:
House Bill No. 4573, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 164 (MCL 389.161, 389.162, and 389.164), sections 161 and 162 as amended by 2015 PA 130 and section 164 as amended by 2018 PA 376.
The 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. 543 Yeas—32
Albert Chang Johnson Outman
Anthony Cherry Klinefelt Polehanki
Bayer Daley Lauwers Santana
Bellino Damoose McBroom Shink
Brinks Geiss McCann Singh
Bumstead Hertel McDonald Rivet Victory
Camilleri Huizenga McMorrow Webber
Cavanagh Irwin Moss Wojno
Nays—6
Hauck Lindsey Runestad Theis
Hoitenga Nesbitt
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 revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; 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:
Senate Bill No. 27, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406hh.
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. 544 Yeas—35
Anthony Daley Klinefelt Polehanki
Bayer Damoose Lauwers Santana
Bellino Geiss McBroom Shink
Brinks Hauck McCann Singh
Bumstead Hertel McDonald Rivet Theis
Camilleri Hoitenga McMorrow Victory
Cavanagh Huizenga Moss Webber
Chang Irwin Nesbitt Wojno
Cherry Johnson Outman
Nays—3
Albert Lindsey Runestad
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. 351, entitled
A bill to amend 2014 PA 197, entitled “Breastfeeding antidiscrimination act,” by amending the title and section 2 (MCL 37.232).
The question being on the passage of the bill,
Senator Hoitenga offered the following amendments:
1. Amend page 2, line 7, after “to” by striking out “an individual” and inserting “a woman”.
2. Amend page 2, line 8, after “because” by striking out “the individual” and inserting “she”.
3. Amend page 2, line 16, after “denied” by striking out “an individual” and inserting “a woman”.
4. Amend page 2, line 16, after “because” by striking out “the individual” and inserting “she”.
5. Amend page 2, line 18, after “That” by striking out “an individual’s” and inserting “a woman’s”.
6. Amend page 2, line 20, after “because” by striking out “the individual” and inserting “she”.
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. 545 Yeas—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Nays—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Excused—0
Not Voting—0
In The Chair: Moss
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. 546 Yeas—26
Albert Cherry Klinefelt Polehanki
Anthony Damoose McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Huizenga Moss Victory
Cavanagh Irwin Nesbitt Wojno
Chang Johnson
Nays—12
Bellino Hauck Lindsey Runestad
Bumstead Hoitenga McBroom Theis
Daley Lauwers Outman Webber
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Hoitenga’s statement is as follows:
Mr. President, I must admit this is not an amendment I ever thought I’d have to offer in this Legislature. As far as I’m aware, women—specifically mothers—are the only people who can breastfeed or pump milk. Yet, for some reason, this bill removes the words “woman” and “she” and changes these proper terms to “individual.” My amendment will simply specify that this bill related to producing breast milk respectfully applies to women. Thank you, and I ask for your “yes” vote.
Senator Irwin’s statement is as follows:
I want to ask my colleagues to oppose this
amendment because this legislation is about supporting moms and babies, not
about some twisted culture war.
The following bill was read a third time:
Senate Bill No. 410, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.
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. 547 Yeas—30
Albert Daley McBroom Runestad
Anthony Damoose McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Irwin Moss Theis
Cavanagh Johnson Outman Webber
Chang Klinefelt Polehanki Wojno
Cherry Lindsey
Nays—8
Bellino Hauck Huizenga Nesbitt
Bumstead Hoitenga Lauwers Victory
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Irwin’s statement is as follows:
I rise to ask for your support of Senate Bill No. 410. About 25 years ago, this state adopted a law that protected the makers of pharmaceutical products from accountability. That law that we’re still living with today says that if the FDA approves a drug, residents in Michigan cannot sue for compensation if they are harmed or if a loved one is killed by those pharmaceutical products. This law broke down the tort system which is essential for accountability here in these United States and it left Michigan as the only state with blanket immunity for drug makers. We know that oftentimes adverse drug events hurt, maim, kill residents all over this country, but in Michigan, it’s the only state where those residents and their families don’t have access to the courts, don’t have access to the justice system to seek accountability and compensation.
My proposal is that we repeal that unique
law that has left Michigan residents out of millions of dollars in settlements,
that we repeal this unique law that has also prevented the state itself from
gaining compensation when drugs hurt or kill people as part of the Medicaid
program, and it’s going to be a positive thing for our residents when they have
this access restored. It’s going to be good for accountability, and it’s going
to put drug makers on notice that they can’t continue to sell drugs in Michigan
with blanket immunity, free from accountability.
Once again, I ask for your support for this important legislation. It’s been a long time coming. I am just elated to be standing here on the floor finally to have a vote on a bill to repeal Michigan’s unique policy that prevents our residents from seeking justice when they’re harmed.
Senator Runestad’s statement is as follows:
I concur with my colleague from the 15th District. I remember reading many, many years ago that there was a lot of discussion about these opioid drugs and these pharmaceutical companies that produced them, and they unearthed a lot of e-mails between the different companies and between different departments of the companies that they absolutely knew these were addictive, but they buried that information. They did get it FDA-approved and the whole FDA approval process is very often funded by the very pharmaceuticals that are getting FDA approval. This current immunity says that if it’s FDA-approved, no matter what the hell happened, that these pharmaceuticals are immune from any wrongdoing. This reverses that and I support the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Huizenga offered the following resolution:
Senate Resolution No. 76.
A resolution to support Israel, the long-standing partner of the United States of America, and to clearly condemn the terrorist attacks carried out by Hamas against the Israeli people starting on Saturday, October 7, 2023.
Whereas, Beginning Saturday, October 7, 2023, Hamas terrorists launched unprovoked, cowardly, and heartless attacks against Israel – particularly its civilians – during major holiday festivities. These terrorists went house to house, slaughtering innocent men, women, and children in their own homes, and searching for civilians to murder, rape, and take hostage. They assaulted patrons of an all-night music festival in southern Israel, shooting individuals at point-blank range, looting their belongings, and abducting partygoers. They have kidnapped scores of women, children, and the elderly, including at least one Holocaust survivor. Hundreds have died as a result of these terrorist attacks, including at least eleven Americans and many of other nationalities; and
Whereas, The United States has a strong history of standing in support of Israel, its people, and its democratic and cultural values. The United States was the first country to recognize Israeli statehood in 1948, and the two nations have maintained close ties over the subsequent decades, especially concerning the security of the state of Israel. This stands in stark contrast to certain extremist regimes, which are providing financing and other support for the terrorist organization Hamas; and
Whereas, Michigan has significant ties to the Israeli and broader Jewish communities. According to recent census data, more than 2,500 Israelis live in Michigan, and it is estimated that the state’s Jewish population is around 100,000; now, therefore, be it
Resolved by the Senate, That we stand with the people of Israel and fully support Israel’s sovereign right to defend itself with all power and all might, and to seek justice against these and future terrorist threats; and be it further
Resolved, That copies of this resolution be transmitted to the United States Chargé d’affaires for Israel, the President of the United States of America, the President of the United States Senate, the Speaker Pro Tempore of the United States House of Representatives, and the members of the Michigan congressional delegation.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senator Nesbitt offered the following resolution:
Senate Resolution No. 77.
A resolution to commemorate October 16-22, 2023, as Independent Retailers Week.
Whereas, Independent Retailers Week provides a time to celebrate the food, beverage, and petroleum retail industry and its dedication to the public in their delivery of services to our state; and
Whereas, The independent retail industry
is comprised of grocers, specialty food markets, convenience stores, and
pharmacies, along with many other businesses providing access to consumer goods
and services in their communities; and
Whereas, This industry directly supports more than 158,000 employees in full and part-time positions throughout the state; and
Whereas, Businesses in the food, beverage, and petroleum retail industry contribute billions in taxes to state and local governments; and
Whereas, As we celebrate Independent Retailers Week in Michigan, we acknowledge the many contributions these businesses and their employees make to our state; now, therefore, be it
Resolved by the Senate, That the members of this legislative body commemorate October 16-22, 2023, as Independent Retailers Week.
Senator Singh moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Lauwers and Santana were named co-sponsors of the resolution.
The motion prevailed.
Senator Nesbitt’s statement is as follows:
Throughout Michigan, both in small towns and big cities and in our rural areas, Michiganders enjoy the services and retail options provided by independent retailers. Whether it’s grocery stores or specialty food markets, convenience stores, pharmacies, gas stations, or other retail businesses, these cornerstones of our communities help strengthen our economy and provide us access to the common amenities of everyday life. These retailers are also our friends and neighbors—I think even a caucus member—and those reliable individuals who know us by name, provide employment opportunities to those looking to put in a hard day’s work, and support our local charitable organizations and school-related activities.
I hope you will join me in recognizing the important role they play in our great state, and support this resolution to establish this week as Independent Retailers Week in Michigan.
Senators Moss and Huizenga offered the following resolution:
Senate Resolution No. 78.
A resolution to condemn the terrorist attacks carried out by Hamas in Israel on October 7, 2023.
Whereas, Hamas, a United States-designated foreign terrorist organization, launched a heinous series of coordinated violent attacks by air, land, and sea in Israel on October 7, 2023. Thousands of rockets fired from Gaza fell on Israeli buildings indiscriminately, killing people in their homes and places of work. Armed terrorists on motorcycles engaged in a massive door-to-door slaughter of civilians. Hamas militants stormed Israeli beaches by motorboat. Paragliders descended upon a music festival, where Hamas terrorists mowed down hundreds of attendees with gunfire; and
Whereas, The tragic attack on October 7 left at least 1,400 dead and 3,400 injured, with many victims dehumanized and paraded on camera, their assailants recording their torture and murder. Nearly 200 people were taken captive, including babies and the elderly, whose conditions are still not known. Among the casualties are Americans, 31 killed and 13 missing, and many other foreign nationals; and
Whereas, More Jewish civilian lives were lost on October 7 than any single day since 1945. This attack was reminiscent of other instances when Jews have been persecuted throughout history, including the pogroms of the late 19th and early 20th centuries and events during the Holocaust; and
Whereas, Michiganders are impacted by the events of October 7, many with direct relations to the dead and wounded. This shared grief and pain must compel residents of our state to demonstrate support, compassion, and care for one another; and
Whereas, Hamas’s tyranny does not represent the views or advance the aspirations of the many Palestinians who seek to live in dignity and peace in a region mired in conflict; and
Whereas, United States President Joe Biden
has publicly stated that “we can’t lose sight of the fact that the overwhelming
majority of Palestinians had nothing to do with Hamas and Hamas’s appalling
attacks, and they’re suffering as a result as well,” and “It’s also a priority
for me to urgently address the humanitarian crisis in Gaza.” United States
Secretary of State Antony Blinken has said “the United States and Israel have
agreed to develop a plan that will enable humanitarian aid from donor nations
and multilateral organizations to reach civilians in Gaza – and them alone –
including the possibility of creating areas to help keep civilians out of harm’s
way. It is critical that aid begin flowing into Gaza as soon as possible”; now,
therefore, be it
Resolved by the Senate, That we condemn the terrorist attacks carried out by Hamas in Israel on October 7, 2023; and be it further
Resolved, That we affirm Israel’s right to defend itself from Hamas and other terrorists, and to prevent future attacks; and be it further
Resolved, That we join the urgent call for Hamas to release those being held hostage; and be it further
Resolved, That we urge support for immediate access to refuge for innocent civilians in Gaza who need refuge and call on our federal government to work with our allies to provide humanitarian aid; and be it further
Resolved, That we affirm the dignity of all innocent civilians impacted, Israelis and Palestinians, and join the long-standing call for peace in the region; and be it further
Resolved, That during this time of international crisis, we stand with all Michiganders who have Israeli and Palestinian cultural, religious, and familial roots, and decry all antisemitism and Islamophobia in our districts, our state, and across the globe; and be it further
Resolved, That copies of this resolution be transmitted to the United States Chargé d’affaires for Israel, the President of the United States, the President of the United States Senate, the Speaker Pro Tempore of the United States House of Representatives, and the members of the Michigan congressional delegation.
Senator Singh moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Lauwers and Wojno were named co-sponsors of the resolution.
Announcements of Printing and Enrollment
House Bill Nos. 4625 4626 4628 4629 4630 4633 4636 4637 4639 4640 4643
The Secretary announced that the following bills were printed and filed on Tuesday, October 17, and are available on the Michigan Legislature website:
Senate Bill Nos. 589 590 591 592 593
House Bill Nos. 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176 5177
Committee Reports
The Committee on Housing and Human Services reported
Senate Bill No. 474, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2690, 2803, 2848, 2854, 9141, 10102, 16221, 16226, 16245, 16299, and 20115 (MCL 333.2690, 333.2803, 333.2848, 333.2854, 333.9141, 333.10102, 333.16221, 333.16226, 333.16245, 333.16299, and 333.20115), section 2690 as amended by 2016 PA 386, section 2803 as amended by 2020 PA 54, sections 2848 and 20115 as amended and section 2854 as added by 2012 PA 499, section 9141 as added by 2004 PA 501, section 10102 as amended by 2008 PA 39, section 16221 as amended by 2023 PA 47, section 16226 as amended by 2023 PA 48, section 16245 as amended by 2014 PA 413, and section 16299 as amended by 2020 PA 375; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry and Geiss
Nays: Senators Lindsey, Hoitenga and Damoose
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 475, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 10d of chapter II, sections 1a and 3 of chapter IV, section 6e of chapter V, section 4a of chapter IX, and sections 13k, 16d, and 16p of chapter XVII (MCL 762.10d, 764.1a, 764.3, 765.6e, 769.4a, 777.13k, 777.16d, and 777.16p), section 10d of chapter II, section 3 of chapter IV, and section 6e of chapter V as added and section 1a of chapter IV as amended by 2020 PA 394, section 4a of chapter IX as amended by 2019 PA 115, section 13k of chapter XVII as amended by 2018 PA 587, section 16d of chapter XVII as amended by 2023 PA 59, and section 16p of chapter XVII as amended by 2008 PA 467.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry and Geiss
Nays: Senators Lindsey, Hoitenga and Damoose
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 476, entitled
A bill to amend 2002 PA 687, entitled “Born alive infant protection act,” by amending section 1 (MCL 333.1071).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry and Geiss
Nays: Senators Lindsey, Hoitenga and Damoose
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 477, entitled
A bill to amend 2004 PA 500, entitled “Pregnant and parenting student services act,” by amending section 5 (MCL 390.1595).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry and Geiss
Nays: Senators Lindsey, Hoitenga and Damoose
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 593, entitled
A bill to list certain constitutional rights related to reproductive freedom; to prohibit the violation of certain rights and provide remedies; to provide for the powers and duties of certain state and local governmental officers and entities; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry and Geiss
Nays: Senators Lindsey, Hoitenga and Damoose
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, October 17, 2023, at 12:00 noon, 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. 395, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230b, 1249, 1249b, and 1280f (MCL 380.1230b, 380.1249, 380.1249b, and 380.1280f), section 1230b as added by 1996 PA 189, section 1249 as amended by 2019 PA 6, section 1249b as amended by 2019 PA 5, and section 1280f as amended by 2023 PA 7; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
Dayna Polehanki
Chairperson
To Report Out:
Yeas: Senators Polehanki, Geiss, Chang, Camilleri and McDonald Rivet
Nays: Senators Damoose and Johnson
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 396, entitled
With the recommendation that the bill pass.
Dayna Polehanki
Chairperson
To Report Out:
Yeas: Senators Polehanki, Geiss, Chang, Camilleri and McDonald Rivet
Nays: Senators Damoose and Johnson
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, October 17, 2023, at 1:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Agriculture submitted the following:
Meeting held on Tuesday, October 17, 2023, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Shink (C), Cherry, Singh, Polehanki, Daley, Victory and Hoitenga
Civil Rights,
Judiciary and Public Safety – Thursday,
October 19, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312
Economic and Community Development – Thursday, October 19, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721
Regulatory Affairs – Thursday, October 19, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-1721
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 12:10 p.m.
The President pro tempore, Senator Moss, declared the Senate adjourned until Thursday, October 19, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate