STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Tuesday, October 24, 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 Veronica Klinefelt of the 11th District offered the following invocation:
Over several years, both online and in-person, we have seen a rise in tensions between different groups of people and an acceptance of open hostility toward one another. Whether it be because of ethnicity, religion, politics, or any other reason, let us pray that our government representatives speak with reason and thoughtfulness so as not to intensify the divisiveness that has been gripping our world.
Let us strive, in this country, to be an example—that people with different backgrounds, beliefs, and ideas can coexist peacefully through mutual respect—and not participate in feeding the anger. And hopefully, each and every one of us in this room will reflect and use this opportunity to grow in a way that will cause others to reflect on their own behavior. I will start with me. Amen.
The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senators McBroom and Nesbitt be temporarily excused from today’s session.
The motion prevailed.
Senator Singh moved that Senator Brinks be temporarily excused from today’s session.
The motion prevailed.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
September 29, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246,
and paragraph 16 of Executive Order 1995-6, this is to advise you that the
Michigan Office of Administrative Hearings and Rules filed Administrative Rule
#2021-084-LR (Secretary of State Filing #23‑09-01) on this date at
1:13 p.m. for the Department of Licensing and Regulatory Affairs entitled,
“MOAHR Administrative Hearing Rules.”
These rules take effect immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
October 2, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246,
and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2021-040-LR (Secretary of State Filing #23‑10-01) on this date at
10:30 a.m. for the Department of Licensing and Regulatory Affairs entitled,
“Dentistry – General Rules.”
These rules take effect immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
October 2, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246,
and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Administrative Hearings and Rules filed Administrative Rule
#2022-002-LR (Secretary of State Filing #23‑10-02) on this date at
11:18 a.m. for the Department of Licensing and Regulatory Affairs entitled,
“Pharmacy Technicians.”
These rules become effective immediately
after filing with the secretary of state unless adopted under section 33, 44,
or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL
24.233, 24.244, or 24.245a. Rules adopted
under these sections become effective 7 days after filing with the Secretary of
State.
October 2, 2023
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246,
and paragraph 16 of Executive Order 1995-6, this is to advise you that the
Michigan Office of Administrative Hearings and Rules filed Administrative Rule
#2022-029-LR (Secretary of State Filing #23‑10-03) on this date at
11:57 a.m. for the Department of Licensing and Regulatory Affairs entitled,
“Barbers – General Rules.”
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn Benson
Secretary of State
Lashana Threlkeld, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
The following communication was received:
Department of Licensing and Regulatory Affairs
October 18, 2023
On February 16, 2023, the Board of Pharmacy voted to promulgate a rule to make the following changes in the scheduling of controlled substances:
• Gabapentin will be removed from Schedule 5 and descheduled.
• Pentazocine will be rescheduled from a Schedule 5 drug to a Schedule 4 drug.
MCL 333.7231 of the Public Health Code requires the board to provide you with a notice of any change in scheduling or rescheduling of a controlled substance. The board expects that the attached rules will be submitted to the Joint Committee on Administrative Rules (JCAR) in the coming weeks for the final stage of promulgation. The rules must remain with JCAR for 15 joint session days.
If you have any questions, feel free to contact Jennifer Shaltry, JD, Departmental Specialist with the Boards and Committee Section of the Bureau of Professional Licensing, at either (517) 241-3085 or shaltryj1@michigan.gov.
Grace Sesi, PharmD
Chairperson
Michigan Board of Pharmacy
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Paul Wojno
October 24, 2023
Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 599 which was introduced on October 19, 2023, by Senator Geiss.
Warmest regards,
Paul Wojno
State Senator
10th District
The communication was referred to the Secretary for record.
House Bill No. 4520
House Bill No. 4521
Senate Bill No. 592
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The following messages from the Governor were received:
Time: 9:42 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 176 (Public Act No. 150), being
An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.
(Filed with the Secretary of State on October 19, 2023, at 11:28 a.m.)
Time: 9:44 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 330 (Public Act No. 151), being
An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 7c.
(Filed with the Secretary of State on October 19, 2023, at 11:30 a.m.)
Time: 9:46 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 364 (Public Act No. 152), being
An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 53b (MCL 211.53b), as amended by 2022 PA 141.
(Filed with the Secretary of State on October 19,
2023, at 11:32 a.m.)
Time: 10:10 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 356 (Public Act No. 161), being
An act 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,” by amending section 2212a (MCL 500.2212a), as amended by 2016 PA 276.
(Filed with the Secretary of State on October 19, 2023, at 11:50 a.m.)
Time: 10:12 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 357 (Public Act No. 162), being
An act 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,” by amending section 2213b (MCL 500.2213b), as amended by 2016 PA 276, and by adding section 2213e.
(Filed with the Secretary of State on October 19, 2023, at 11:52 a.m.)
Time: 10:14 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 358 (Public Act No. 163), being
An act 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.
(Filed with the Secretary of State on October 19,
2023, at 11:54 a.m.)
Time: 10:19 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 43 (Public Act No. 164), being
An act to amend 1917 PA 165, entitled “An act to authorize highway officials to close roads under construction, improvement or repair, or any portion of a highway whereon a bridge is being constructed or repaired; to require such officials to place in good repair and to mark by proper signs suitable detours around roads, or portions of roads, which are closed hereunder; to provide suitable barriers, and lights shall be maintained at the end of such roads or portions of roads which are thus closed and at the intersections thereof with other roads; to require the removal of signs and barriers located and placed hereunder; and to provide a penalty for a violation of the provisions hereof,” by amending section 1 (MCL 247.291) and by adding sections 1a and 1b.
(Filed with the Secretary of State on October 19, 2023, at 11:56 a.m.)
Time: 10:21 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 179 (Public Act No. 165), being
An act to amend 2018 IL 1, entitled “An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. If not enacted by the Michigan State Legislature in accordance with the Michigan Constitution of 1963, the proposed legislation is to be voted on at the General Election, November 6, 2018,” by amending section 14 (MCL 333.27964).
(Filed with the Secretary of State on October 19, 2023, at 11:58 a.m.)
Time: 10:23 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 180 (Public Act No. 166), being
An act to amend 2018 IL 1, entitled “An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. If not enacted by the Michigan State Legislature in accordance with the Michigan Constitution of 1963, the proposed legislation is to be voted on at the General Election, November 6, 2018,” by amending sections 3, 7, 8, 10, and 13 (MCL 333.27953, 333.27957, 333.27958, 333.27960, and 333.27963), sections 3 and 8 as amended by 2021 PA 56.
(Filed with the Secretary of State on October 19, 2023, at 12:00 noon.)
Time: 10:25 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 268 (Public Act No. 167), being
An act 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,” by amending section 2080 (MCL 500.2080), as amended by 2008 PA 513.
(Filed with the Secretary of State on October 19, 2023, at 12:02 p.m.)
Time: 10:27 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 281 (Public Act No. 168), being
An act 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 3406aa.
(Filed with the Secretary of State on October 19, 2023, at 12:04 p.m.)
Time: 10:29 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 397 (Public Act No. 169), being
An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending section 32 (MCL 125.1432), as amended by 2020 PA 73.
(Filed with the Secretary of State on October 19, 2023, at 12:06 p.m.)
Respectfully,
Gretchen Whitmer
Governor
Senator Brinks entered the Senate Chamber.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
During the recess, Senators Nesbitt and McBroom entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Wojno 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. 4926, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 14a (MCL 211.14a), as amended by 2022 PA 240.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20904, 20912, 20950, 20952, and 20954 (MCL 333.20904, 333.20912, 333.20950, 333.20952, and 333.20954), sections 20904, 20912, and 20954 as amended by 2000 PA 375, section 20950 as amended by 2021 PA 25, and section 20952 as added by 1990 PA 179.
A bill to amend 1939 PA 280, entitled “The
social welfare act,” (MCL 400.1 to 400.119b) by adding section 108b.
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 108a.
A bill to amend 2022 PA 85, entitled “Opioid liability litigation act,” by amending sections 2 and 3 (MCL 691.1672 and 691.1673).
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4520, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 2016 PA 87 and section 81a as amended by 2012 PA 366.
Substitute (S-1).
House Bill No. 4521, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 82 (MCL 750.82), as amended by 1994 PA 158.
Substitute (S-1).
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Singh moved that the Senate proceed to consideration of the following bill:
House Bill No. 4273
The motion prevailed.
The following bill was read a third time:
House Bill No. 4273, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 132 (MCL 125.532), as amended by 2000 PA 479.
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. 580 Yeas—28
Anthony Cherry Klinefelt Polehanki
Bayer Damoose Lindsey Santana
Bellino Geiss McBroom Shink
Brinks Hertel McCann Singh
Camilleri Huizenga McDonald Rivet Victory
Cavanagh Irwin McMorrow Webber
Chang Johnson Moss Wojno
Nays—10
Albert Hauck Nesbitt Runestad
Bumstead Hoitenga Outman Theis
Daley Lauwers
Excused—0
Not Voting—0
In The Chair: Moss
Senator Singh moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4567, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 497 (MCL 168.497), as amended by 2018 PA 603.
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. 581 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
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4568, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 931 (MCL 168.931), as amended by 1996 PA 583.
The question being on the passage of the bill,
Senator Daley offered the following amendment:
1. Amend page 5, following line 29, by inserting:
“(4) An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site must not have any political party or candidate branding or electioneering materials displayed in or on the vehicle. An individual who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $2,000.00.” and renumbering the remaining subsection.
The Assistant President pro tempore, Senator Geiss, assumed the Chair.
The question being on the adoption of the amendment,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 582 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: Geiss
Senator Theis offered the following amendment:
1. Amend page 5, following line 29, by inserting:
“(4) An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site, or any individual who occupies that vehicle for hire, must not intimidate any elector by asking or requiring the elector to disclose the elector’s party affiliation, candidate preference, past election history, or voter registration status. An individual who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $2,000.00.” and renumbering the remaining subsection.
The question being on the adoption of the amendment,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 583 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: Geiss
Senator McBroom offered the following amendment:
1. Amend page 5, following line 29, by inserting:
“(4) An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site, or any individual who occupies that vehicle for hire, must not do any of the following:
(a) Intimidate the driver or an occupant in that vehicle.
(b) Electioneer for a current candidate or issue.
(c) Wear clothing or materials to promote or disparage any current candidate or issue.
(d) Distribute or sell electioneering, promotional, or disparaging materials.
(5) An
individual who violates subsection (4) is guilty of a misdemeanor punishable by
a fine of not more than $2,000.00.” and renumbering the remaining
subsection.
The question being on the adoption of the amendment,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 584 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: Geiss
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. 585 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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”
The Senate agreed to the full title.
The motion prevailed.
Senator Daley’s statement is as follows:
I’ve got a pretty simple amendment to this bill. It’s very important that people who are being bussed in to vote aren’t persuaded to vote a certain way, so I’m just going to read this amendment:
An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site must not have any political party or candidate branding or electioneering materials displayed in or on the vehicle. An individual who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $2,000.00.
Just simple, common sense. I think it’s an amendment that needs to be adopted.
Senator Moss’ first statement is as follows:
I speak to this amendment, and likely some forthcoming amendments. Nobody is compelled to take a ride to the poll. It is their own volition to do so. So I think that these amendments try to treat transportation as if it was a polling location with these restrictions. All of us going into a poll are doing it because it’s our duty and our right, but it is a choice to take a ride to the poll and I think conflating the two together doesn’t make much sense. So I oppose this amendment, and likely ones that are to come.
Senator McBroom’s statement is as follows:
Madam President, my amendment also seeks to recognize the potential that such transportation to the polls provides for electioneering and possible intimidation of voters. While I respect my colleague on the other side, and our committee chair’s perspective on this is not the actual polling site, I want to recognize that the potential of abuse for this situation continues to exist and is something that we have long recognized in law, that providing opportunities for voter intimidation or manipulation is wrong. That’s why this law has stood for so long and been in place in other states at other times as well.
My particular amendment recognizes that it should be wrong to intimidate the driver or any other occupant of the vehicle, it should be wrong to electioneer for any of the candidates that are on the ballot. We are setting something up that could literally have the candidate themselves on the bus, having paid for the bus, and saying, When you get on my bus, I’m going to give you a campaign speech the whole way there. What if they don’t want to vote for that candidate? And it should be wrong to distribute or sell electioneering or promotional or disparaging materials against the other candidate.
Now, I recognize the realities of how this has gone, and how Republicans have looked at this particular issue for a long time is that this is something that the other side of the aisle tends to be much more organized with and since they have the higher population areas, typically it’s more economical to provide this kind of transportation in areas where their voters reside. So Republicans have traditionally fought against this over those issues. But I think we also recognize that the sword often cuts both ways when it comes to election policies and election decisions, and that we should be trying to look at these as dispassionately and as objectively as possible. How do we maintain fair elections and elections where the voters are not intimidated and where neither party can somehow just be unshackled to go to a ridiculous extreme? That’s why I have tried to bring forward in the debate on this issue this reasonable amendment, I think, to say intimidation is wrong and electioneering is wrong.
It is not that farfetched to believe that somebody like Mike Lindell or another person who’s very wealthy on the conservative side of the equation could be sponsoring hundreds, if not thousands of buses with huge labels and banners on them and free materials to give away to people who will take a ride and listen to their speech on the way to the polling place. I don’t think that’s what anybody here is honestly desiring to create or wants to see happen. So, to set up these as much more neutral in appearances, I’ve never said that it can’t say who sponsored the bus or anything like that, we didn’t include that in any of this language. We are just saying intimidation is wrong, and the posing of a whole bunch of materials and other signage or individuals in the transport who would be leveraging on those who need a ride to the polls, which is what this is all about.
We are talking about populations who can’t get to the polls unless we provide them with this means of transportation. That’s why the sponsors are pushing this so hard. Because apparently we have a population who, one, cant get there on their own and, two, can’t access the polls through the other means that are now provided to them through mail options. So this is their way to the polls, and yet now they’re going to have to subject themselves to potentially ridiculous intimidation and foolishness by some of the worst that all of us have seen from both sides of the aisle over the last several cycles. So I recommend a “yes” vote.
Senator Moss’ second statement is as follows:
I truly appreciate the dialogue on this issue, both on the floor and that we had in committee, but I think a lot of it overthinks what we’re trying to achieve here. Again, you cannot give a ride to someone who isn’t willing to take the ride, it is the choice of the voter. To have these concerns about electioneering or even a candidate on the bus or mode of transportation to the polls—if I was a Republican, and a Democratic candidate offered me a ride to the poll, I would take that ride to vote against that candidate. So I think there’s a lot of overthinking here about the impact and effect of what happens on the ride to the poll.
You are going to go to the poll and make your choice in the privacy of the voting booth. The mode of transportation, if it’s not accessible, is important. Here in the state of Michigan, we are alone—nearly alone in the country that Lyft and Uber couldn’t provide discounted rides for folks to the polls. So I don’t have this alarming concern that so much electioneering is going to happen between the pickup and the dropoff from a voter perspective when they are willing to take that ride and exercise their right to vote in the privacy of the voting booth. I’d like my remarks printed in the Journal and I oppose this amendment.
The President pro tempore, Senator Moss, resumed the Chair.
The following bill was read a third time:
House Bill No. 4644, entitled
A bill to adopt the uniform power of attorney act; and to repeal acts and parts of acts.
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. 586 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:
House Bill No. 4645, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101b (MCL 324.20101b), as amended by 2000 PA 368.
The 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. 587 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
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.
The following bill was read a third time:
House Bill No. 4646, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 10121 and 10301 (MCL 333.10121 and 333.10301), section 10121 as added by 2008 PA 39 and section 10301 as added by 2012 PA 179.
The 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. 588 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
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.
By unanimous consent the Senate proceeded to the order of
Statements
The Assistant President pro tempore,
Senator Geiss, resumed the Chair.
Pursuant to rule 3.506, Senator Santana submitted her reasons, in writing, for voting “no” on the passage of Senate Bill Nos. 530, 531, and 575 on Thursday, October 19.
Senator Santana’s statement is as follows:
I enter this into the record as my no-vote explanation for Senate Bill Nos. 530, 531, and 575.
I understand that this is a complicated issue regarding reforms. Before the reforms, there was only one option in our state for complete insurance coverage with lifetime benefits if injured, which provided no other options. Since reforms, we have offered several options for insurance coverage for drivers to have rates they can afford, which a significant number of residents of Michigan took advantage of and no longer faced with the circumstance of breaking the law. The zip code 48227, which I have represented for almost seven years in the Legislature before the passage of auto no-fault reform, had the highest insurance premiums in the Nation. We are hearing from our constituents and department on why this needs to be changed or remain the same. I am here to speak in support of my constituents who cannot afford changes that impact their wallet.
I agree that there needs to be tweaks to auto no-fault but making broad changes to the law will cause the pendulum to swing back, and my constituents will see their rates skyrocket again. The Department of Insurance and Financial Services warns that the MCCA fees will return to the $220 we saw before 2019. Everyone who chooses unlimited benefits will automatically receive a $146 increase on their bill which is significant cost for many households. I am looking out for my constituents that sent me to Lansing to lower their auto insurance.
I am very concerned that my constituents who already have limited means and have been allowed to choose a lower level of insurance will now burn through their benefits and receive even less care with these increased reimbursement rates that, in some cases, are even higher than pre-2019 no fault. We should take a deeper dive. Target these rate increases and take a measured response.
I want to ensure access to care, but let’s target these to those in need instead of broad strokes in these bills. I believe we can have great insurance and excellent care at affordable rates, but today, we are only moving to increase rates for our constituents.
The motion prevailed.
Senator Theis’ statement is as follows:
Here in my hand is a letter dated June 7, 2023, in which my Republican colleagues and I asked MEDC CEO Quentin Messer to produce for the people of Michigan, via their Legislature, quote, Any and all information regarding the potential environmental impacts of the planned Gotion project in Mecosta County, which the MEDC has awarded $715 million in state incentives. MEDC, having not successfully produced such information therefor, and in my other hand is a similar letter dated October 3, 2023, again making the same request. As before, the MEDC has not met the request of this letter. In the vacuum of the MEDC’s silence, concerned residents are left to assume that no such environmental impact data exists. It is shocking that the department tasked with observing and reviewing these types of concerns appears to have no knowledge or data related to any of the potential impacts from this project.
This only adds to the mounting evidence of a shady, backroom deal. A deal made despite the public outcry against the project, especially from residents near the proposed site with whom I’ve met several times. Despite the state and national headlines surrounding the company’s association with the Chinese Communist Party, our nation’s foremost adversary. And despite even the warnings from our own FBI, who state, The counterintelligence and economic espionage efforts emanating from the government of China and the Chinese Communist Party are a grave threat to the economic wellbeing and democratic values of the United States, confronting this threat is the FBI’s top counterintelligence priority.
From the start, myself and others have cautioned about the environmental, public safety, and national security threats that the Gotion plant presents to Michigan. The longer this process drags out, the more evident it becomes that these concerns are warranted. The Whitmer administration, meanwhile, has done less than little to address these concerns and the threats in pursuit of its green-energy future, while putting Michigan residents in a vulnerable position they want no part of. The fact remains, the people of Michigan deserve to know what their government is doing on their behalf and with their money.
Senator McBroom’s statement is as follows:
This weekend, we witnessed the latest
example of turmoil and dysfunction on the board of one of our flagship state
universities. Board members attacking each other personally and publicly.
Accusations of abuse of authority. One trustee calling for another to be
removed by the Governor. And it’s not even partisan. The Michigan State board
makes Congress look like a well-oiled machine at this point.
Madam President, it’s not the first time that this board has had trouble. And it is charged with overseeing a $3 billion organization with more than 50,000 students and 20,000 employees. It conducts research into important future careers in agriculture, medicine, and education, and it’s failing. It’s not the first time we’ve seen this dysfunction, not just at MSU but at several of our other flagship universities that have one trait in common, and that is having statewide elected boards, nominees made up of those sent to them from our parties through the convention process.
There has to be a better way. We see universities all across Michigan with a better way and we see nobody else in the country doing it this way. We need to seriously consider reforming the way we select our leadership of these three largest institutions. If you consider how they came to this point, in the 1850 Constitution and the 1908 Constitution respectively for U of M and then for MSU, these things were put in by convention delegates and then the voters were faced with, hey, are you really going to vote “no” on the Constitution over that issue? Of course not. So, those two came along—and later Wayne State was added just before we ran the most recent Constitutional Convention in ’61 and ’62 and adopted in ’63. These ideas are up for serious debate and serious reform.
That’s why I’ve introduced a joint resolution to transition us away from this system and appoint these boards similar to how we do with the 12 other universities in our state and how most of the rest of the country selects their university governing boards. We need these universities to function. We need the boards to function. And it’s clearly—the blame lays at the feet of our parties. It lays at the feet of both of our parties for how we choose and select these candidates at convention. We don’t vet them for who can really lead our universities, who really has great ability to sit on a board and be a board member and deal with the issues and show tremendous leadership. No, oftentimes we’re confronted with simply choosing the person who has the best name ID and the best pocketbook and the best backing to get onto these boards, and it’s not working. Its playing out very poorly for our state and for our three premier universities. I say that with some hesitation having my alma mater not be one of those three, but we need to do better.
I seriously ask members to start giving some consideration to this opportunity that’s laid before us again. It’s been talked about, but we need to really bring it forward and think about reforming these three university selections, and also subjecting all of our universities to the Open Meetings Act in a true way that all the rest of our public bodies are. It’s just not sensical—nonsense—when they tell you that they can’t do it but yet the community colleges have to do it. I ask members’ consideration.
Senator Moss’s statement, in which Senators Chang and McMorrow concurred, is as follows:
I rise today to honor the life of someone who held an incredibly meaningful place in many of our hearts here in the Senate, in the city of Detroit, in the state of Michigan, and indeed across the country and around the world—our friend, Samantha Woll. Sam’s legacy of compassionate advocacy is worthy of so much praise and gratitude, much more than the context of what people now know about her due to the horrific and tragic circumstances of her death. As her friends, we wanted to provide space to uplift the Sam whom we knew.
I’ve spoken on this floor before about how closely tightknit our Jewish community is in metro Detroit. Sam and I went to the same grade school and grew up in the same synagogue in Oakland County with our families. Our lives were further intertwined and our friendship blossomed as young adults, part of the same liberal Jewish circles working to push social justice causes.
There have been a lot of us in that Detroit Jewish millennial group who have been sharing messages with one another, sending condolences to one another over the last several days. One of our friends said plainly and truthfully, Sam was the best of us. The exact person we wanted to represent our hopes and aspirations as a community. Sam was our North Star, helping to guide where we should be, what we should be doing, and how we should be doing it. And always with wide eyes and a bright smile, cheerful optimism and boundless energy.
At her funeral on Sunday, a friend came up to me and said just last Thursday Sam was talking about looping me in on her ideas to strengthen the interfaith relationships in Detroit in the midst of the chaos in the Middle East. Sam never accepted complacency, even in the most trying and difficult circumstances. She was wired toward action. Her loss leaves a tremendous hole in our community, but I told that friend we have to continue her work to keep her legacy alive.
She will serve as an inspiration to me for the rest of my life. My heart goes out to her parents Margo and Doug, her sister Monica and their family, and our grieving community. May her memory be a blessing.
Senator Chang’s statement, in which Senators Moss and McMorrow concurred, is as follows:
This morning, I was thinking about what I
would want Michiganders fifty years from now to learn about Samantha Woll by
reading the Senate Journal. What I’d want them to know is this: Sam Woll was
the president of the board of the Isaac Agree Downtown Synagogue and she was
the beloved daughter of Margo and Doug, beloved sister to Monica and an aunt to
Monica’s children. Sam did work for the Democratic offices or campaigns for
Hillary Clinton, myself, the House Democratic Caucus, Padma Kuppa, Elissa
Slotkin, Denzel McCampbell, and Dana Nessel. She was also the creator of art
and jewelry, and someone who loved opera.
She was a leader in the Jewish community and a leader for the city of Detroit. She was passionate about social justice and about bringing people together. She was a friend to so many people, always giving her time, her talent, her listening ear, her beautiful smile, and never-ending positivity to those she cared about. She was involved in Muslim and Jewish unity efforts and dedicated to connection, collaboration, and understanding. In the last week of her life, she was connecting with a number of people about supporting humanitarian efforts in the Middle East.
In a way, the absolutely beautiful renovation of the Downtown Synagogue that Sam led as board president was emblematic of who Sam was as a person. The synagogue space was intentionally designed for faith, for building community, for gathering, dialogue, and connection for Detroit, and revitalization, inclusion and justice. That is what Sam was all about.
One friend described Sam as someone who radiated love, kindness, generosity, and truly lived out faith in action every day and in every interaction. Sam inspired people through her kindness and through all of her actions, big or small. She bridged divides, and she was kind to every person, no matter their age, religion, race, or background.
Michigan is so fortunate to have had Sam Woll among us for the 40 short years of her beautiful life. Her memory is a blessing to us all.
A moment of silence was observed in memory of Samantha Woll, president of the Isaac Agree Downtown Synagogue in Detroit.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:36 p.m.
The Senate was called to order by the President pro tempore, Senator Moss.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Brinks moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Recess
Senator Brinks moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:04 p.m.
The Senate was called to order by the President pro tempore, Senator Moss.
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2501 and 2512 (MCL 339.2501 and 339.2512), as amended by 2016 PA 502, and by adding section 2512g.
The bill was read a first and
second time by title and referred to the Committee on Regulatory Affairs.
Senators Chang and Moss introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 842, 861, 862, 863, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 878, 879, 880, 880a, 881, 882, 883, 884, 887, 888, 889, 890, and 892 (MCL 168.842, 168.861, 168.862, 168.863, 168.865, 168.866, 168.867, 168.868, 168.869, 168.870, 168.871, 168.872, 168.873, 168.874, 168.875, 168.876, 168.878, 168.879, 168.880, 168.880a, 168.881, 168.882, 168.883, 168.884, 168.887, 168.888, 168.889, 168.890, and 168.892), section 842 as amended by 2018 PA 382, sections 862 and 879 as amended by 2018 PA 128, section 863 as amended by 2012 PA 586, sections 866 and 868 as amended by 2013 PA 51, sections 867 and 881 as amended by 2018 PA 130, section 871 as amended by 2012 PA 272, and sections 874, 875, 882, and 890 as amended by 1995 PA 261, and by adding sections 861a and 883a; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Elections and Ethics.
Senators Moss and Chang introduced
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83.
The bill was read a first and second time by title and referred to the Committee on Elections and Ethics.
Senators Irwin, Moss, Shink, McMorrow, Bayer, Geiss, Polehanki, Santana and Chang introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20101, 20107a, 20112a, 20114, 20114b, 20114c, 20114d, 20114e, 20114g, 20126, and 20126a (MCL 324.20101, 324.20107a, 324.20112a, 324.20114, 324.20114b, 324.20114c, 324.20114d, 324.20114e, 324.20114g, 324.20126, and 324.20126a), sections 20101, 20114d, and 20114e as amended by 2018 PA 581, sections 20107a, 20114, 20114c, and 20126 as amended by 2014 PA 542, section 20112a as amended by 2010 PA 234, section 20114b as added by 2010 PA 228, section 20114g as added by 2012 PA 446, and section 20126a as amended by 2010 PA 227; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Moss, Irwin, Shink, McMorrow, Geiss, Polehanki, Santana, Chang and Bayer introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20118, 20120a, 20120b, 20120e, and 20121 (MCL 324.20118, 324.20120a, 324.20120b, 324.20120e, and 324.20121), section 20118 as amended and section 20121 as added by 2014 PA 542, sections 20120a and 20120b as amended by 2018 PA 581, and section 20120e as amended by 2012 PA 190.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Chang, Irwin, Shink, McMorrow, Moss, Geiss, Polehanki, Santana and Bayer introduced
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2022 PA 134.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Geiss, Irwin, Shink, McMorrow, Moss, Bayer, Polehanki, Santana and Chang introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101, 3103, and 3115 (MCL 324.3101, 324.3103, and 324.3115), section 3101 as amended by 2015 PA 247, section 3103 as amended by 2005 PA 33, and section 3115 as amended by 2004 PA 143, and by adding section 3106c.
The
bill was read a first and second time by title and referred to the Committee on
Energy and Environment.
Senators McCann, Irwin, Shink, McMorrow, Moss, Bayer, Geiss, Polehanki, Chang and Santana introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20140 (MCL 324.20140), as amended by 2000 PA 254.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Shink, Irwin, McMorrow, Moss, Geiss, Polehanki, Santana and Chang introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20126 and 20140 (MCL 324.20126 and 324.20140), section 20126 as amended by 2014 PA 542 and section 20140 as amended by 2000 PA 254, and by adding section 20136.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators McMorrow, Irwin, Shink, Moss, Bayer, Geiss, Polehanki, Santana and Chang introduced
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 5830.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Hoitenga and Bellino introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102 and 40111a (MCL 324.40102 and 324.40111a), section 40102 as amended by 2015 PA 24 and section 40111a as amended by 2015 PA 265.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Agriculture.
Senators Moss, Nesbitt, Brinks, Huizenga, McBroom, Singh, McDonald Rivet and Cavanagh introduced
A bill to require certain public officers to file annual financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Oversight.
Senators Singh, Nesbitt, Brinks, Huizenga, Moss, McBroom, McDonald Rivet and Cavanagh introduced
A bill to require certain candidates for state elective office to file financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Oversight.
Senators Huizenga, Nesbitt, Brinks, McBroom, Singh, Moss, McDonald Rivet and Cavanagh introduced
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 44a.
The bill was read a first and second time by title and referred to the Committee on Oversight.
Senators McBroom, Nesbitt, Brinks, Huizenga, Singh, Moss, McDonald Rivet and Cavanagh introduced
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 44 (MCL 169.244), as amended by 2017 PA 119.
The bill was read a first and
second time by title and referred to the Committee on Oversight.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16141 and 16145 (MCL 333.16141 and 333.16145), as amended by 1993 PA 80, and by adding section 16346 and part 183A.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 21d to chapter VIII.
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 prohibit high schools and certain athletic organizations from preventing high school student athletes in this state from receiving compensation from the use of their name, image, or likeness rights under certain circumstances and to establish standards for the exercise of these name, image, or likeness rights.
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 Oversight.
A bill to amend 2020 PA 366, entitled “An act to prohibit postsecondary educational institutions in this state and certain athletic organizations from preventing a college athlete from receiving compensation for the use of his or her name, image, or likeness rights,” by amending sections 3, 5, 7, and 10 (MCL 390.1733, 390.1735, 390.1737, and 390.1740).
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 Oversight.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2020 PA 307.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Veterans and Emergency Services.
A bill to allow the state administrative board to accept and to convey real property in Muskegon County; to prescribe conditions for the conveyances required under this act; to provide for the powers and duties of certain state departments and officers in regard to the properties; and to provide for disposition of revenue.
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 Local Government.
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 sections 12 and 13b (MCL 247.662 and 247.663b), section 12 as amended by 2020 PA 152.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
A bill to authorize the state administrative board to convey state-owned property in Ingham County to the house of representatives; to prescribe conditions for the conveyance; to provide for powers and duties of state agencies and departments concerning the property and the conveyance; and to provide for disposition of revenue derived from the conveyance.
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 Irwin 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 2006 PA 480, entitled “Uniform video services local franchise act,” by amending section 1 (MCL 484.3301).
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 Oversight.
A bill to amend 2018 PA 57, entitled “Recodified tax increment financing act,” by amending section 402 (MCL 125.4402).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Announcements of Printing and Enrollment
House Bill Nos. 4608 4718 4816 4844 4850 4861 4897 4942 4965 5074
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, October 24, for her approval the following bills:
Enrolled Senate Bill No. 88 at 9:15 a.m.
Enrolled Senate Bill No. 331
at 9:17 a.m.
The Secretary announced that the following bills were printed and filed on Thursday, October 19, and are available on the Michigan Legislature website:
House Bill Nos. 5180 5181 5182 5183 5184 5185 5186
The Secretary announced that the following bills were printed and filed on Friday, October 20, and are available on the Michigan Legislature website:
Committee Reports
The Committee on Civil Rights, Judiciary, and Public Safety reported
Senate Bill No. 592, entitled
A bill to amend 2022 PA 85, entitled “Opioid liability litigation act,” by amending sections 2 and 3 (MCL 691.1672 and 691.1673).
With the recommendation that the bill pass.
Stephanie Chang
Chairperson
To Report Out:
Yeas: Senators Chang, Shink, Wojno, Irwin, Santana, Runestad and Johnson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Civil Rights, Judiciary, and Public Safety reported
House Bill No. 4021, entitled
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.
With the recommendation that the bill pass.
Stephanie Chang
Chairperson
To Report Out:
Yeas: Senators Chang, Shink, Wojno, Irwin, Santana, Runestad and Johnson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Civil Rights, Judiciary, and Public Safety reported
House Bill No. 4520, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 2016 PA 87 and section 81a as amended by 2012 PA 366.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Stephanie Chang
Chairperson
To Report Out:
Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Civil Rights, Judiciary, and Public Safety reported
House Bill No. 4521, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 82 (MCL 750.82), as amended by 1994 PA 158.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Stephanie Chang
Chairperson
To Report Out:
Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson
Nays: None
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Civil Rights, Judiciary, and Public Safety submitted the following:
Meeting held on Thursday, October 19, 2023, at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators Chang (C), Shink, Wojno, Irwin, Santana, Runestad and Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Affairs submitted the following:
Meeting held on Thursday, October 19, 2023, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Moss (C), Polehanki, McCann, Wojno, Santana, Hertel, Hauck, Webber, Lauwers and Bellino
COMMITTEE ATTENDANCE REPORT
The Committee on Economic and Community Development submitted the following:
Meeting held on Thursday, October 19, 2023, at 12:00 noon, Room 1100, Binsfeld Office Building
Present: Senators McMorrow (C), Cavanagh, Polehanki, Cherry, McDonald Rivet, Moss, Geiss, Victory, Lindsey and Webber
Civil Rights, Judiciary and Public Safety – Thursday, October 26, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312
Economic and Community Development – Wednesday, October 25, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721
Elections and Ethics – Wednesday, October 25, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373‑1721
Oversight – Wednesday, October 25, 8:30 a.m., Room 1200, Binsfeld Office Building (517) 373-5314
Senator Irwin moved that the Senate adjourn.
The motion prevailed, the time being 2:12 p.m.
The President pro tempore, Senator Moss, declared the Senate adjourned until Wednesday, October 25, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate