No. 2

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Thursday, January 12, 2023.

 

10:00 a.m.

 

 

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

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—excused

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—excused

Bumstead—present                              Johnson—excused                           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—excused                                   McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Thomas A. Albert of the 18th District offered the following invocation:

The angel of the Lord declared to Mary: And she conceived of the Holy Spirit.

Hail Mary, full of grace, the Lord is with thee; blessed art thou among women and blessed is the fruit of thy womb, Jesus. Holy Mary, Mother of God, pray for us sinners, now and at the hour of our death. Amen.

Behold the handmaid of the Lord: Be it done unto me according to Thy word.

Hail Mary, full of grace, the Lord is with thee; blessed art thou among women and blessed is the fruit of thy womb, Jesus. Holy Mary, Mother of God, pray for us sinners, now and at the hour of our death. Amen.

And the Word was made flesh: And dwelt among us.

Hail Mary, full of grace, the Lord is with thee; blessed art thou among women and blessed is the fruit of thy womb, Jesus. Holy Mary, Mother of God, pray for us sinners, now and at the hour of our death. Amen.

Pray for us, O holy Mother of God, that we may be made worthy of the promises of Christ.

Let us pray: Pour forth, we beseech Thee, O Lord, Thy grace into our hearts; that we, to whom the incarnation of Christ, Thy Son, was made known by the message of an angel, may by His Passion and Cross be brought to the glory of His Resurrection, through the same Christ our Lord. Amen.

 

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

 

Senators Lindsey, Cavanagh and Geiss entered the Senate Chamber.

 

 

Motions and Communications

 

 

The following communication was received and read:

Office of the Senate Majority Leader

January 12, 2023

Welcome to the 102nd Legislature! We have strategically established the seventeen Senate Standing Committees, thirteen Appropriations Subcommittees, and one Statutory Committee that will serve as essential functions of our chamber. It is my distinct honor to appoint the following members to the below committees:

Senate Standing Committees:

•    Appropriations: Anthony Chair, McCann MVC, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow, Cavanagh, Bumstead MVC, Albert, Damoose, Huizenga, Outman, Theis

•    Civil Rights, Judiciary, and Public Safety: Chang Chair, Shink MVC, Wojno, Irwin, Santana, Runestad MVC, Johnson

•    Economic and Community Development: McMorrow Chair, Cavanagh MVC, Polehanki, Cherry, McDonald Rivet, Moss, Geiss, Victory MVC, Lindsey, Webber

•    Education: Polehanki Chair, Geiss MVC, Chang, Camilleri, McDonald Rivet, Damoose MVC, Johnson

•    Elections and Ethics: Moss Chair, Wojno MVC, Santana, McMorrow, Chang, Camilleri, Johnson MVC, McBroom

•    Energy and Environment: McCann Chair, McDonald Rivet MVC, Singh, Bayer, Shink, Hertel, Camilleri, Chang, Polehanki, Lauwers MVC, Bellino, Outman, Hauck, Damoose

•    Finance, Insurance, and Consumer Protection: Cavanagh Chair, Moss MVC, McCann, Bayer, Irwin, Huizenga MVC, Theis, Daley

•    Government Operations: Brinks Chair, Singh MVC, Moss, Nesbitt MVC, Lauwers

•    Health Policy: Hertel Chair, Santana MVC, Wojno, Cherry, Klinefelt, Geiss, Webber MVC, Hauck, Huizenga, Runestad

•    Housing and Human Services: Irwin Chair, Santana MVC, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey MVC, Hoitenga, Damoose

•    JCAR: Wojno Chair, Bayer MVC, McMorrow, Theis MVC, Runestad

•    Labor: Cherry Chair, Camilleri MVC, Cavanagh, Albert MVC

•    Local Government: Klinefelt Chair, Wojno MVC, Moss, Bayer, Shink, Hoitenga MVC, Daley

•    Natural Resources and Agriculture: Shink Chair, Cherry MVC, Singh, Polehanki, Daley MVC, Victory, Hoitenga

•    Oversight: Singh Chair, McMorrow MVC, Geiss, Polehanki, McBroom MVC, Lindsey

•    Regulatory Affairs: Moss Chair, Polehanki MVC, McCann, Wojno, Santana, Hertel, Hauck MVC, Webber, Lauwers, Bellino

•    Transportation and Infrastructure: Geiss Chair, Klinefelt MVC, Wojno, Hertel, Camilleri, Chang, McCann, Bellino MVC, Victory, Bumstead, McBroom

•    Veterans and Emergency Services: Klinefelt Chair, Hertel MVC, Santana, Outman MVC

Senate Appropriations Subcommittees:

•    Agriculture and Natural Resources: Cherry Chair, Shink MVC, Singh, Bumstead MVC, Theis

•    DHHS: Santana Chair, McDonald Rivet MVC, Irwin, Cavanagh, Cherry, Camilleri, Bayer, Outman MVC, Theis, Huizenga, Hauck

•    Corrections & Judiciary: Shink Chair, Santana MVC, Irwin, Outman MVC

•    General Government: Cherry Chair, Bayer MVC, Singh, Klinefelt, Albert MVC, Hauck

•    Joint Capital Outlay: McDonald Rivet Chair, Irwin MVC, McCann, Santana, Damoose MVC, Bumstead

•    PreK-12: Camilleri Chair, Polehanki MVC, Hertel, Klinefelt, Cavanagh, Theis MVC, Albert

•    MDE: Bayer Chair, Klinefelt MVC, Singh, Albert MVC

•    LEO/MEDC: Cavanagh Chair, McDonald Rivet MVC, McCann, McMorrow, Camilleri, Huizenga MVC, Bumstead

•    LARA/DIFS: Cavanagh Chair, Santana MVC, Theis MVC

•    Military, Veterans, State Police: Hertel Chair, Klinefelt MVC, Theis MVC

•    EGLE: Irwin Chair, Singh MVC, McDonald Rivet, Shink, Cherry, Bayer, Bumstead MVC, Hauck, Outman

•    Transportation: Klinefelt Chair, Hertel MVC, McCann, Camilleri, Damoose MVC, Bumstead

•    Universities and Community Colleges: McCann Chair, Irwin MVC, McDonald Rivet, Singh, Albert MVC, Damoose

Legislative Council:

•    Brinks Chair, Singh, Moss, McCann, Victory, McBroom

If you have any questions regarding this matter, please do not hesitate to let me know.

                                                                                       Sincerely,

                                                                                       Winnie Brinks

                                                                                       Senate Majority Leader

                                                                                       29th District

The appointments were approved, a majority of the members serving voting therefor.

The communication was referred to the Secretary for record.

 

 

Senator Lauwers moved that Senators Outman, Daley and Johnson be excused from today’s session.

The motion prevailed.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:08 a.m.

 

10:47 a.m.

 

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

 

 

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

The motion prevailed.

 

 

Resolutions

 

 

Senate Concurrent Resolution No. 1.

A concurrent resolution granting authority for adjournment for more than 2 days.

(For text of resolution, see Senate Journal No. 1, p. 28.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Senate Concurrent Resolution No. 2.

A concurrent resolution for the adoption of the Joint Rules of the Senate and House of Representatives.

(For text of resolution, see Senate Journal No. 1, p. 28.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

 

Introduction and Referral of Bills

 

 

Senators Hertel, Wojno, Bayer, Geiss, Moss, Polehanki, Cherry, McDonald Rivet, McMorrow, Cavanagh, Chang, McCann, Santana, Klinefelt, Camilleri, Singh, Shink, Brinks, Irwin and Anthony introduced

Senate Bill No. 1, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 51 (MCL 206.30 and 206.51), section 30 as amended by 2022 PA 5 and section 51 as amended by 2020 PA 75.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

 

 

Senators Geiss, Bayer, Polehanki, Cherry, Wojno, McDonald Rivet, Moss, Hertel, McMorrow, Cavanagh, Chang, Irwin, McCann, Santana, Klinefelt, Camilleri, Singh, Shink, Brinks and Anthony introduced

Senate Bill No. 2, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 40 (MCL 750.40).

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

 

 

Senators McDonald Rivet, Moss, McMorrow, Camilleri, Santana, Geiss, Chang, Klinefelt, McCann, Cherry, Brinks, Bayer, Singh, Irwin, Polehanki, Shink, Cavanagh, Hertel and Anthony introduced

Senate Bill No. 3, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

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

 

 

Senators Moss, Irwin, Geiss, Wojno, Polehanki, Cherry, McDonald Rivet, Hertel, McMorrow, Cavanagh, Chang, Bayer, McCann, Santana, Klinefelt, Camilleri, Singh, Shink, Brinks and Anthony introduced

Senate Bill No. 4, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

 

 

Senators Camilleri, Cherry, Irwin, Moss, Geiss, Wojno, Polehanki, McDonald Rivet, Hertel, McMorrow, Cavanagh, Chang, Bayer, McCann, Santana, Klinefelt, Singh, Shink, Brinks and Anthony introduced

Senate Bill No. 5, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

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

Senators Klinefelt, Anthony, Geiss, Moss, Wojno, Cherry, McDonald Rivet, Polehanki, Hertel, McMorrow, Cavanagh, Chang, Irwin, Bayer, McCann, Santana, Camilleri, Singh, Shink and Brinks introduced

Senate Bill No. 6, entitled

A bill to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties.

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

 

 

Senator Anthony introduced

Senate Bill No. 7, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

 

 

Senator Anthony introduced

Senate Bill No. 8, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11 and 236 as amended by 2022 PA 212, section 17b as amended by 2007 PA 137, and section 201 as amended by 2022 PA 144, and by adding sections 201f and 236m.

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

 

 

Senator Bellino introduced

Senate Bill No. 9, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 8 (MCL 206.8), as amended by 2018 PA 38.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

 

 

Senator Bellino introduced

Senate Bill No. 10, entitled

A bill to prohibit municipalities from imposing a ban on the use of natural gas or the installation of natural gas infrastructure; to provide for the powers and duties of certain local governmental officers and entities; and to provide that certain local ordinances, resolutions, or policies are void and unenforceable.

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

 

 

Senator Bellino introduced

Senate Bill No. 11, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 279.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

 

 

Senator Polehanki introduced

Senate Bill No. 12, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280f (MCL 380.1280f), as added by 2016 PA 306.

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

 

 

Senator Moss introduced

Senate Bill No. 13, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2015 PA 1.

The bill was read a first and second time by title.

Senator Singh 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.

 

 

Scheduled Meetings

 

 

State Drug Treatment Court Advisory Committee – Tuesday, January 17, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (517) 373-0212

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 10:52 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, January 17, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate