No. 80

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, September 26, 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用resent Hauck用resent Moss用resent

Anthony用resent Hertel用resent Nesbitt用resent

Bayer用resent Hoitenga用resent Outman用resent

Bellino用resent Huizenga用resent Polehanki用resent

Brinks用resent Irwin用resent Runestad用resent

Bumstead用resent Johnson用resent Santana用resent

Camilleri用resent Klinefelt用resent Shink用resent

Cavanagh用resent Lauwers用resent Singh用resent

Chang用resent Lindsey用resent Theis用resent

Cherry用resent McBroom用resent Victory用resent

Daley用resent McCann用resent Webber用resent

Damoose用resent McDonald Rivet用resent Wojno用resent

Geiss用resent McMorrow用resent


 

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

Saint Michael the Archangel, defend us in battle. Be our safeguard against the wickedness and snares of the Devil. May God rebuke him, we humbly pray; and do Thou, O Prince of the heavenly host, by the power of God, cast into Hell Satan and all the other evil spirits who prowl about the world seeking the ruin of souls. Amen.

In the name of the Father and of the Son and of the Holy Spirit. 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 Senator Johnson be temporarily excused from today痴 session.

The motion prevailed.

 

Senator Singh moved that Senators Brinks, Anthony and Cavanagh be temporarily excused from today痴 session.

The motion prevailed.

 

 

The Secretary announced that pursuant to rule 1.117(e) of the Standing Rules of the Senate, the Senate Majority Leader has allocated $0 to the standing committee operations accounts for the fiscal year ending September 30, 2024. Accordingly, for the fiscal year ending September 30, 2024, there are no committee expenses to be reported and no committee expense reports to be filed with the Senate Business Office pursuant to rule 2.109 of the Standing Rules of the Senate.

 

Senator Brinks entered the Senate Chamber.

 

 

Senator Singh moved that the Committee on Appropriations be discharged from further consideration of the following bill:

House Bill No. 5006, entitled

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

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:03 a.m.

 

11:13 a.m.

 

The Senate was called to order by the President pro tempore, Senator Moss.

 

During the recess, Senators Johnson, Cavanagh and Anthony entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Senator Singh moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 337

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 337, entitled

A bill to amend 1970 PA 132, entitled 鄭n act to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey, by amending sections 1, 2, and 3 (MCL 54.211, 54.212, and 54.213), sections 1 and 3 as amended by 2018 PA 193 and section 2 as amended by 1988 PA 24.

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. 454 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: Moss

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 277, entitled

A bill to amend 1994 PA 451, entitled 哲atural resources and environmental protection act, by amending sections 36101 and 36104a (MCL 324.36101 and 324.36104a), section 36101 as amended by 2016 PA 265 and section 36104a as added by 1996 PA 233, and by adding sections 36104c and 36104e.

The question being on the passage of the bill,

Senator Lindsey offered the following amendments:

1. Amend page 10, line 17, after provider by striking out may and inserting shall.

2. Amend page 10, line 19, after (h), by striking out or (i). and inserting and (i) and, at the end of the deferment period, for removing the solar panels and appurtenant structures and restoring the land for agricultural use..

The question being on the adoption of the amendments,

Senator Lauwers requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 455 Yeas18

 

 

Albert Hauck Lindsey Runestad

Bellino Hoitenga McBroom Theis

Bumstead Huizenga Nesbitt Victory

Daley Johnson Outman Webber

Damoose Lauwers

 

 

Nays20

 

 

Anthony Chang Klinefelt Polehanki

Bayer Cherry McCann Santana

Brinks Geiss McDonald Rivet Shink

Camilleri Hertel McMorrow Singh

Cavanagh Irwin Moss Wojno

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: Moss

 

 

Senator McBroom offered the following amendment:

1. Amend page 10, line 29, after period, by striking out the balance of the line through line 2 of page 11 and inserting the amount of tax credits for a number of years preceding the recording of the amended development rights agreement equal to half the number of years of the original deferment period is payable to this state. The tax credits.

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. 456 Yeas18

 

 

Albert Hauck Lindsey Runestad

Bellino Hoitenga McBroom Theis

Bumstead Huizenga Nesbitt Victory

Daley Johnson Outman Webber

Damoose Lauwers

 

 

Nays20

 

 

Anthony Chang Klinefelt Polehanki

Bayer Cherry McCann Santana

Brinks Geiss McDonald Rivet Shink

Camilleri Hertel McMorrow Singh

Cavanagh Irwin Moss Wojno

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: Moss

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 457 Yeas23

 

 

Anthony Cherry Klinefelt Santana

Bayer Geiss McCann Shink

Brinks Hauck McDonald Rivet Singh

Camilleri Hertel McMorrow Webber

Cavanagh Huizenga Moss Wojno

Chang Irwin Polehanki

 

 

Nays14

 

 

Albert Damoose McBroom Runestad

Bellino Hoitenga Nesbitt Theis

Bumstead Johnson Outman Victory

Daley Lindsey

 

 

Excused0

 

 

Not Voting1

 

 

Lauwers

 

 

In The Chair: Moss

 

 

The Senate agreed to the title of the bill.

 

 

Pursuant to rule 1.306, Senator Lauwers submitted the following:

Pursuant to rule 1.306, I will be abstaining from the vote on Senate Bill No. 277 as I have farmland currently part of the Farmland and Open Space Preservation Program (PA 116). I am disclosing a potential personal financial interest in Senate Bill No. 277 as my farm may benefit financially from provisions in the bill. Out of an abundance of caution, I will be abstaining from the vote on Senate Bill No. 277.

I ask that my comments be printed in the Journal as my required disclosure under Senate Rule 1.306.

 

 

Protests

 

 

Senators McBroom, Victory and Daley, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 277.

Senator McBroom moved that the statement he made during the discussion of the bill be printed as his reasons for voting 渡o.

The motion prevailed.

Senator McBroom痴 statement, in which Senators Victory and Daley concurred, is as follows:

Mr. President, as someone who痴 a farmer and one of the last ones in this chamber actively farming and with land enrolled in PA 116, I feel uniquely able to comment on what痴 being done here today. This is really a strange attempt and a strange thing to put into the Farmland Preservation Act. Why do we have a Farmland Preservation Act in the first place? We have a Farmland Preservation Act because farmland is so easily encroached on and the values that come from farmland after it痴 cleared and is open space is seen by many people, including our townships, our cities, our communities, as simply being open, wasted space. They don稚 see the value that a farmer sees in that land. They don稚 understand the blood, sweat, and tears that go into having a farm and having that land. They don稚 understand the connection to family that痴 a part of being a farmer and being connected to that land. Farmers get desperate because markets, commodities, and many of you know this, go through wild cycles, leaving a farmer oftentimes with very few options in order to survive to the next year. How am I going to buy the seed for next year? How am I going to get through this recent downturn in the marketplace? How am I going to get through a drought year or a late frost? So, farmers look then and say, Well, somebody wants this land, and it keeps getting nibbled away and eroded away. A shopping mall goes up, community building goes up, church goes up, and the farmland diminishes and diminishes more and more.

Ultimately, this state decided a number of years ago when it passed PA 116 that we needed to provide farmers with some sort of mechanism to not take away their private property rights but to incentivize them and to make it possible for them, more economically feasible for them, to keep the land in agricultural production than to take the quick and easy way out and just sell it and then wish they hadn稚 later on. Urban sprawl is what this was about, a way of stopping that, and it痴 also about making sure we still have an abundant supply of productive land because food security matters. You have great years when we don稚 need all the land we have available but we also have bad years when we wish we had more land available.

Farmland preservation is something of an extremely critical nature and this has been a highly successful program. All across the state of Michigan, farmers are enrolled in this program. It is benefiting them and keeping farmland要ibrant farmland擁n production and is part of why Michigan remains one of the most successful agricultural states in the country. We are the second-most diverse in agricultural production. We have constantly talked about how agriculture is妖epending on whose scale you look at預re we the No. 2 industry in the state or No. 3, but we are a vibrant part of Michigan痴 economy, particularly in years when other parts of our economy are suffering.

It痴 really troubling for me to see this good program that has done so much for farmland suddenly faced with somebody else wanting to get in on it. I understand there痴 a deferral here; I understand how the program works. But ultimately, we池e taking farmland out of production. We池e taking it out for maybe a hundred years, and then providing almost no penalty at the end of these long contracts for having done so if you don稚 return to farming afterward. This is industrial practice; this is not agricultural. This is an enterprise being started on agricultural land that痴 not agricultural. I know you can graze some sheep or goats underneath these solar panels, but we don稚 need to have 10,000 acres of goats in this state. If you notice recently, they池e not a very vibrant part of the overall agricultural picture. We don稚 raise that many goats or sheep in this state and there isn稚 that much more marketplace for them so just putting up solar panels and saying, Here, now you can raise some sheep under these, is not agriculturally sound practice. It痴 not economical so it痴 not going to happen. A few guys who have it and they池e in the right place, more power to them, but for most people, it痴 not going to happen. The Groveland mine up in my area that痴 going to get 2,000 acres of solar panels is not suddenly going to have somebody say, Hey, I want to pasture a whole bunch of sheep underneath all these panels.

This is not agriculture. This is industry. And if I as a farmer took my present land, enrolled it in PA 116, and suddenly said I知 going to start a whole new enterprise on here, I知 going to put in a gravel pit or I知 going to start, I don稚 know, building cars or making drones or something, have a chemical plant, I would have to withdraw this land from PA 116. That痴 my right to do and I壇 pay the 7-year penalty and would move forward and the cost of paying the 7-year penalty would be part of my cost of the new business. That痴 how this ought to be handled with these solar panels unless we池e actually willing to put a substantive penalty against the land to draw it back into production afterwards. It doesn稚 appear that we池e willing to do that because a 7-year lookback on a 100-year contract that is supposed to be highly lucrative and highly profitable is not an incentive to come back into agricultural production afterwards.

With some reluctance, I値l be voting 渡o on this and I encourage other members to do so as well until we致e tied up some of these loose ends and can maintain the integrity of the farmland preservation program without carving it up into having its own special-interest segments now.

 

 

Senators Lindsey, McBroom and McDonald Rivet asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Lindsey痴 statement is as follows:

I rise to offer a pro-farmer amendment. My amendment is pretty simple. It would just make sure there is an obligation for the solar companies when the land is being transferred out of PA 116 for this alternative use. Instead of putting the burden on the farmers to sort through pages and pages of legalese to make sure that an agreement really puts the responsibility on these companies to restore the land, this amendment would make sure that the starting point is that those companies are responsible for restoring that land to agricultural use. It would give an advantage to the farmers. I urge support for my amendment.

 

Senator McBroom痴 statement is as follows:

My amendment seeks to improve this bill by making sure that the original intent of PA 116 is maintained. PA 116 was created and is entitled the Farmland Preservation Act and it has been a highly successful program, and its main enforcement mechanism to encourage farmland to stay in agriculture is the 7-year lookback penalty. When a farmer is approached by someone who wants to buy their land, develop it, the farmer is forced to consider the additional costs that would come to taking it out of production by having to pay back seven years of the taxes that they have avoided by being enrolled in the preservation act. This has been a highly effective mechanism for many decades and now that we池e looking at providing a deferral process for solar generation, I知 concerned that the profitability of being in solar容specially a long-term contract幼ould be so great that when the farmer gets to the end of that contract and the solar company removes the panels, right now the farmer would only have a 7-year lookback if he decides not to continue back into agriculture after solar is ended.

My amendment is to increase the lookback for those coming out of solar production who fail to go back into agriculture by increasing the lookback to 50 percent of the length of the contract on solar耀o a 30-year solar contract would then have a 15-year lookback instead. I think this is a really important amendment that enhances what PA 116 has been so effective at doing for so long, which is preserving farmland, and it can serve as a vital way to protect and make sure farmland doesn稚 just transfer out after being in solar for so long. I壇 appreciate support of my amendment.

 

Senator McDonald Rivet痴 statement is as follows:

I am pleased to be able to bring this policy forward for your consideration. This legislation is pro-farm, it is pro-environment, and, most important, it respects the property rights of owners while at the same time protecting our heritage farmland. I urge you to support.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Albert, Hoitenga, Bellino, Lindsey and Theis introduced

Senate Bill No. 520, entitled

A bill to amend 2000 PA 489, entitled 溺ichigan trust fund act, by amending section 2 (MCL 12.252), as amended by 2022 PA 83; 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 Economic and Community Development.

 

 

Senators Albert, Hoitenga, Bellino, Lindsey and Theis introduced

Senate Bill No. 521, entitled

A bill to amend 1921 PA 2, entitled 鄭n act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred, by amending section 3 (MCL 17.3), as amended by 2021 PA 143.

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

 

 

Senators Albert, Hoitenga, Bellino, Lindsey and Theis introduced

Senate Bill No. 522, entitled

A bill to amend 1984 PA 270, entitled 溺ichigan strategic fund act, by amending section 9 (MCL 125.2009), as amended by 2021 PA 136; 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 Economic and Community Development.

Senators Albert, Bellino, Lindsey and Theis introduced

Senate Bill No. 523, entitled

A bill to amend 1967 PA 281, entitled 的ncome tax act of 1967, by amending section 695 (MCL 206.695), as amended by 2023 PA 4.

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

 

 

Senators Albert, Theis, Bellino and Lindsey introduced

Senate Bill No. 524, entitled

A bill to make, supplement, and adjust appropriations for the department of labor and economic opportunity for the fiscal years ending September 30, 2023 and September 30, 2024; 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 Economic and Community Development.

 

 

Senators Albert, Bellino and Lindsey introduced

Senate Bill No. 525, entitled

A bill to prohibit a public officer of this state or a political subdivision of this state from entering into certain nondisclosure agreements regarding economic development projects; and to provide remedies.

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

 

 

Senators Albert, Hoitenga, Bellino, Lindsey and Theis introduced

Senate Bill No. 526, entitled

A bill to amend 2018 PA 540, entitled 摘conomic development incentive evaluation act, by amending sections 3, 5, and 7 (MCL 18.1753, 18.1755, and 18.1757), and by adding section 7a.

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

 

 

Senators Lindsey, Bellino, Daley, McBroom, Hauck and Runestad introduced

Senate Bill No. 527, entitled

A bill to prohibit the use of state funds, personnel, facilities, or other state resources to implement the provisions of an unratified treaty; and to provide remedies.

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

 

 

Senators Shink and Chang introduced

Senate Bill No. 528, entitled

A bill to amend 1931 PA 328, entitled 典he Michigan penal code, by amending sections 115, 145n, 377a, 380, 411h, and 540e (MCL 750.115, 750.145n, 750.377a, 750.380, 750.411h, and 750.540e), section 115 as amended by 2000 PA 148, section 145n as amended by 2016 PA 480, sections 377a and 380 as amended by 1998 PA 311, section 411h as amended by 1997 PA 65, and section 540e as amended by 2002 PA 577.

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

 

 

Senator Moss introduced

Senate Bill No. 529, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending sections 46, 47, 581, 795c, 822, 842, and 846 (MCL 168.46, 168.47, 168.581, 168.795c, 168.822, 168.842, and 168.846), section 46 as amended by 2002 PA 431, section 795c as amended by 2015 PA 268, section 822 as amended by 2018 PA 614, and section 842 as amended by 2018 PA 382, and by adding section 814.

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


 

Senators Cavanagh, Anthony, Damoose, Irwin, Polehanki, McMorrow, Chang, Geiss, Singh, Wojno, Bayer, Klinefelt, Brinks, Moss, Camilleri, Shink, Bumstead and Outman introduced

Senate Bill No. 530, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21.

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

 

 

Senators Anthony, Cavanagh, Damoose, Irwin, Polehanki, McMorrow, Chang, Geiss, Singh, Wojno, Bayer, Klinefelt, Brinks, Moss, Camilleri, Shink, Bumstead and Outman introduced

Senate Bill No. 531, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, by amending section 2111f (MCL 500.2111f), as added by 2019 PA 22.

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

 

 

House Bill No. 4341, entitled

A bill to create a program to assist certain child care centers and schools with the acquisition, installation, and maintenance of certain filtered water stations and faucets; to provide for the sampling and testing of water from certain water outlets; to create certain funds; and to provide for the duties of certain state departments and officers.

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 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.

 

 

House Bill No. 4342, entitled

A bill to amend 1973 PA 116, entitled 鄭n act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts, (MCL 722.111 to 722.128) by adding sections 3j, 3k, and 3l.

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 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.

 

 

House Bill No. 4982, entitled

A bill to amend 2015 PA 45, entitled 滴igher education authorization and distance education reciprocal exchange act, by amending section 7 (MCL 390.1697), as amended by 2017 PA 99.

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 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.

 

 

House Bill No. 4988, entitled

A bill to amend 1937 PA 284, entitled 鄭n act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act, by amending section 3 (MCL 287.123), as amended by 2019 PA 86.

The 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 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.

 

 

House Bill No. 4989, entitled

A bill to amend 2000 PA 92, entitled 擢ood law, by amending sections 3119, 4103, and 4117 (MCL 289.3119, 289.4103, and 289.4117), sections 3119 and 4103 as amended by 2018 PA 92 and section 4117 as amended by 2012 PA 178.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4990, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804, 806, and 809 (MCL 257.208b, 257.217a, 257.232, 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, and 257.809), section 208b as amended by 2020 PA 382, sections 217a, 803b, 803r, and 806 as amended by 2019 PA 88, section 232 as amended by 2022 PA 223, section 801 as amended by 2020 PA 103, section 802 as amended by 2021 PA 110, section 804 as amended by 2022 PA 143, and section 809 as amended by 2020 PA 102.

The 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 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.

 

 

House Bill No. 4991, entitled

A bill to amend 1972 PA 222, entitled 鄭n act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes, by amending section 7 (MCL 28.297), as amended by 2019 PA 80.

The 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 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.

 

 

House Bill No. 4993, entitled

A bill to amend 1979 PA 152, entitled 鉄tate license fee act, by amending sections 13, 17, 21, 25, 27, 31, 37, and 38 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2231, 338.2237, and 338.2238), as amended by 2019 PA 71.

The 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 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.

 

 

House Bill No. 4994, entitled

A bill to amend 2008 PA 551, entitled 填niform securities act (2002), by amending section 410 (MCL 451.2410), as amended by 2019 PA 73.

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 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.

 

 

House Bill No. 4995, entitled

A bill to amend 1993 PA 23, entitled 溺ichigan limited liability company act, by amending section 1101 (MCL 450.5101), as amended by 2019 PA 70.

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 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.

 

 

House Bill No. 4996, entitled

A bill to amend 1982 PA 162, entitled 哲onprofit corporation act, by amending section 1060 (MCL 450.3060), as amended by 2019 PA 69.

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 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.

 

 

House Bill No. 4997, entitled

A bill to amend 1972 PA 284, entitled 釘usiness corporation act, by amending section 1060 (MCL 450.2060), as amended by 2019 PA 68.

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 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.

 

 

House Bill No. 5000, entitled

A bill to amend 1935 PA 120, entitled 鄭n act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee, by amending section 3 (MCL 28.273), as amended by 2019 PA 78.

The 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 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.

 

 

House Bill No. 5003, entitled

A bill to amend 1974 PA 258, entitled 溺ental health code, by amending section 139 (MCL 330.1139), as amended by 2019 PA 83.

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 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.

 

 

House Bill No. 5004, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending sections 5801, 6237, 13522, and 20161 (MCL 333.5801, 333.6237, 333.13522, and 333.20161), section 5801 as amended by 2015 PA 91, section 6237 as amended by 2019 PA 75, section 13522 as amended by 1994 PA 100, and section 20161 as amended by 2022 PA 187.

The 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 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.

 

 

House Bill No. 5007, entitled

A bill to amend 1994 PA 451, entitled 哲atural resources and environmental protection act, by amending sections 3122, 4112, 5522, 11525a, 17303, 17317, 80130, 80315, 81114, and 82156 (MCL 324.3122, 324.4112, 324.5522, 324.11525a, 324.17303, 324.17317, 324.80130, 324.80315, 324.81114, and 324.82156), sections 3122 and 4112 as amended by 2019 PA 79, section 5522 as amended by 2019 PA 119, section 11525a as amended by 2022 PA 246, sections 17303 and 17317 as amended by 2019 PA 85, and sections 80130, 80315, 81114, and 82156 as amended by 2019 PA 81.

The 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 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.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

The following communications were received:

Office of Senator Stephanie Chang

September 26, 2023

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

 

September 26, 2023

Per Senate Rule 1.110(c) I am requesting that my name be added as co-sponsor to Senate Bill 519, which was introduced on September 20th, 2023.

Sincerely,

Stephanie Chang

State Senator, District 3

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Erika Geiss

September 26, 2023

Please add my signature as a co-sponsor to the following bills:

腹 Senate Bill 395

腹 Senate Bill 396

If there are any questions or issues, do not hesitate to reach out to me or members of my staff.

Sincerely,

Erika Geiss

State Senator

Michigan痴 6th District

The communication was referred to the Secretary for record.

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4988

House Bill No. 4990

House Bill No. 4991

House Bill No. 4993

House Bill No. 4994

House Bill No. 4995

House Bill No. 4996

House Bill No. 4997

House Bill No. 5000

House Bill No. 5003

House Bill No. 5004

House Bill No. 5007

House Bill No. 5006

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Moss, designated Senator McCann as Chairperson.

 

 

Recess

 

 

Senator Singh moved that the Committee of the Whole recess subject to the call of the Chairperson.

The motion prevailed, the time being 11:56 a.m.

 

12:01 p.m.

 

The Committee of the Whole was called to order by the Chairperson, Senator McCann.

 

 

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. 4988, entitled

A bill to amend 1937 PA 284, entitled 鄭n act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act, by amending section 3 (MCL 287.123), as amended by 2019 PA 86.

 

 

House Bill No. 4990, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804, 806, and 809 (MCL 257.208b, 257.217a, 257.232, 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, and 257.809), section 208b as amended by 2020 PA 382, sections 217a, 803b, 803r, and 806 as amended by 2019 PA 88, section 232 as amended by 2022 PA 223, section 801 as amended by 2020 PA 103, section 802 as amended by 2021 PA 110, section 804 as amended by 2022 PA 143, and section 809 as amended by 2020 PA 102.

 

 

House Bill No. 4991, entitled

A bill to amend 1972 PA 222, entitled 鄭n act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes, by amending section 7 (MCL 28.297), as amended by 2019 PA 80.

House Bill No. 4993, entitled

A bill to amend 1979 PA 152, entitled 鉄tate license fee act, by amending sections 13, 17, 21, 25, 27, 31, 37, and 38 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2231, 338.2237, and 338.2238), as amended by 2019 PA 71.

 

 

House Bill No. 4994, entitled

A bill to amend 2008 PA 551, entitled 填niform securities act (2002), by amending section 410 (MCL 451.2410), as amended by 2019 PA 73.

 

 

House Bill No. 4995, entitled

A bill to amend 1993 PA 23, entitled 溺ichigan limited liability company act, by amending section 1101 (MCL 450.5101), as amended by 2019 PA 70.

 

 

House Bill No. 4996, entitled

A bill to amend 1982 PA 162, entitled 哲onprofit corporation act, by amending section 1060 (MCL 450.3060), as amended by 2019 PA 69.

 

 

House Bill No. 4997, entitled

A bill to amend 1972 PA 284, entitled 釘usiness corporation act, by amending section 1060 (MCL 450.2060), as amended by 2019 PA 68.

 

 

House Bill No. 5000, entitled

A bill to amend 1935 PA 120, entitled 鄭n act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee, by amending section 3 (MCL 28.273), as amended by 2019 PA 78.

 

 

House Bill No. 5003, entitled

A bill to amend 1974 PA 258, entitled 溺ental health code, by amending section 139 (MCL 330.1139), as amended by 2019 PA 83.

 

 

House Bill No. 5004, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending sections 5801, 6237, 13522, and 20161 (MCL 333.5801, 333.6237, 333.13522, and 333.20161), section 5801 as amended by 2015 PA 91, section 6237 as amended by 2019 PA 75, section 13522 as amended by 1994 PA 100, and section 20161 as amended by 2022 PA 187.

 

 

House Bill No. 5006, entitled

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

 

 

House Bill No. 5007, entitled

A bill to amend 1994 PA 451, entitled 哲atural resources and environmental protection act, by amending sections 3122, 4112, 5522, 11525a, 17303, 17317, 80130, 80315, 81114, and 82156 (MCL 324.3122, 324.4112, 324.5522, 324.11525a, 324.17303, 324.17317, 324.80130, 324.80315, 324.81114, and 324.82156), sections 3122 and 4112 as amended by 2019 PA 79, section 5522 as amended by 2019 PA 119, section 11525a as amended by 2022 PA 246, sections 17303 and 17317 as amended by 2019 PA 85, and sections 80130, 80315, 81114, and 82156 as amended by 2019 PA 81.

 

 

House Bill No. 4352, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 642 (MCL 257.642), as amended by 2022 PA 179.

House Bill No. 4353, entitled

A bill to amend 1951 PA 51, entitled 鄭n act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts, by amending section 1 (MCL 247.651), as amended by 2012 PA 390.

 

 

Senate Bill No. 470, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending section 759a (MCL 168.759a), as amended by 2023 PA 25.

 

 

Senate Bill No. 331, entitled

A bill to amend 1893 PA 206, entitled 典he general property tax act, by amending sections 9o, 19, and 30 (MCL 211.9o, 211.19, and 211.30), section 9o as amended by 2021 PA 150, section 19 as amended by 2017 PA 261, and section 30 as amended by 2013 PA 153.

 

 

House Bill No. 4377, entitled

A bill to amend 1937 PA 94, entitled 填se tax act, by amending section 4d (MCL 205.94d), as amended by 2015 PA 172.

 

 

House Bill No. 4378, entitled

A bill to amend 1933 PA 167, entitled 敵eneral sales tax act, by amending section 4g (MCL 205.54g), as amended by 2015 PA 171.

 

 

Senate Bill No. 507, entitled

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

Senate Bill No. 508, entitled

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

 

 

Senate Bill No. 509, entitled

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

 

 

Senate Bill No. 510, entitled

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

The bills were placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 506, entitled

A bill to amend 2000 PA 92, entitled 擢ood law, by amending sections 3119, 4103, and 4117 (MCL 289.3119, 289.4103, and 289.4117), sections 3119 and 4103 as amended by 2018 PA 92 and section 4117 as amended by 2012 PA 178.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 511, entitled

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

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Camilleri, Albert and McBroom asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Camilleri痴 statement is as follows:

I rise today in solidarity with our UAW brothers and sisters who are striking for their future and the future of the American auto industry. In Michigan, the strike has been centered around my district with Local 900 and the Michigan Assembly Plant. Over the weekend it expanded to include parts distribution plants in Romulus and Van Buren Township as well as many other locations across Michigan and the country. Today we are welcoming President Biden to Wayne County.

As I致e been on the line with our workers, one thing is clear. They are asking for their fair share of profits after they gave up so much during the recession to keep these companies alive. I know this first-hand because my dad is a UAW skilled tradesman who was laid off during the recession and didn稚 know if he was going to have a job doing the only thing that he痴 ever done: working with machines. He and the thousands of UAW members gave up security and cost-of-living increases during that time. It痴 time for them to earn it back so that the 150,000 UAW auto workers across America can share in the success of the Big Three and their record profits.

Now, as members are actively bargaining right now, we did hear something concerning from Ford as they announced the pausing of construction on the new battery plant in Marshall. You値l all recall that our state and this Legislature agreed to pay a significant amount of money揺undreds of millions in subsidies and site prep funding謡ith other state grants up for consideration today to make sure the jobs at this plant would be good Michigan jobs, jobs that the UAW would organize. We did that so we could make batteries of the future so the auto industry, that electric vehicle manufacturing could be made right here in America, right here in Michigan. And instead of rewarding that faith we had in them, they池e abusing it and using it as leverage in their negotiations with the union. At least that痴 all we can surmise given the limited statements that were made yesterday. They池e now threatening to pause the deal or, as UAW president Shawn Fain put it, to close a plant that isn稚 even open yet because these workers are standing up and fighting for what they need and deserve.

It痴 not only a slap in the face to the UAW, it痴 a slap in the face to us. Elected leaders who closed a deal with a company to create 2,500 jobs right here at home. I hope they follow through on this project, I hope these jobs are created here. That痴 why I voted 土es in the first place. That痴 why we pushed this across the finish line. We want the transition to EV to be right here in Michigan, to be led by Michigan workers, not overseas. Quite frankly, it痴 ridiculous that we and our tax dollars are getting dragged into the middle of this labor negotiation. Ford closed a deal with us and they need to uphold their end of the bargain and create these jobs right here in Michigan. We need to do better for our workers. Our workers, our jobs, and our commitment to the clean energy future should not be used as a bargaining chip to lower wages. To the Big Three I say this: listen to your workers, listen to your legislators, listen to the President, honor the trust that this Legislature has placed in you by offering a fair deal and putting our people back to work and creating those jobs right here in Michigan.

 

Senator Albert痴 statement is as follows:

Today I introduced a package of bills aimed at reigning in out-of-control corporate welfare and eliminating the fundamentally-broken Strategic Outreach and Reserve Fund. This legislation would repeal SOAR, eliminate its funding, and return the money to the general fund. It would also institute much-needed reforms in Michigan痴 economic development efforts. SOAR was established in 2021 to create a process of selecting top-quality investments, while increasing transparency for taxpayers and communication with elected officials. It has accomplished none of these goals擁n my opinion, it has made things worse.

Look what is happening in the Marshall community. For many months a Ford battery project has divided the community. Some of the tension is created by the state痴 broken process for deciding how, where, and when economic developments should proceed. SOAR and MEDC put the cart in front of the horse. Property has been purchased and some of the land has already been cleared. The lives of many Marshall area residents have been upended or put on hold. Taxpayer money has been allocated, and now Ford doesn稚 even know if they want to proceed with the project. It has been paused.

The latest development comes after a recent media report connected the Governor痴 campaign team to an effort to discredit Marshall area residents who understandably oppose the mega site in their own backyards. Another recent media report highlighted how one of the Governor痴 appointees secured a no-bid contract to do site preparation. And let痴 be clear, it has been evident all along, before these recent developments, that this particular project would never be worth the estimated cost to taxpayers, which is why I have opposed it from the start. This project is slated for about $1.7 billion in public incentives, or roughly about $680,000 for every direct job created in the factory. That is an outrageous price tag that virtually ensures taxpayers would never see an adequate return on investment.

The SOAR program overall has become bloated. The program started with a $1 billion investment in 2021, another $1 billion has been allocated since, and on top of that an additional $1.5 billion will be added through the corporate income tax designation over the next three years. The Legislature keeps coming back to taxpayers for more and more money without any indication of whether the program is worth the cost. There is such little oversight, projects with ties to foreign adversaries are approved without a second thought. We need more transparency and accountability in economic development projects at every level of government in Michigan, and my legislation would provide a step in the right direction.

My plan would ban elected state and local officials from signing non-disclosure agreements related to economic development projects using public funds. Based on my own experience, I see no benefit in non-disclosure agreements. Instead of fostering true communication with legislators, non-disclosure agreements tie their hands and add to a culture of secrecy. I did sign an NDA last term, but after seeing how the process has worked in practice, I rescinded it. I had originally thought if I was able to get more information up front, I could learn more about the projects and be better able to ask questions in committee hearings, so as to increase transparency for the public. Michiganders rightfully desire information on the spending of public funds for it to be publicly available. To say the least, I did not find these NDA痴 productive and they sent a bad signal to the public.

This plan would also require SOAR projects to be included in independent reviews established by the Economic Development Incentive Evaluation Act. This evaluation system was created in 2018 through legislation that I sponsored to determine whether specific economic development programs are worth the cost to taxpayers. I originally supported the SOAR program, but it has morphed into something opposite to its original goals and we must change course. I have consistently opposed SOAR and voted against its funding since late last year, but I realize more must be done to protect taxpayers and communities across our state. I considered ways to improve SOAR within its existing framework, but I have concluded the process is too broken to be fixed.

Economic incentives will not work as a whole when our state policies are not competitive nationally. The moves Democrats have implemented this past year, such as repealing Right-to-Work, enacting a confusing tax structure, working to keep our income tax rate higher, and increasing the cost of energy will reduce economic growth and opportunity in Michigan. I urge these bills be taken up and we scrap the SOAR act.

 

Senator McBroom痴 statement is as follows:

Mr. President, last week I began speaking during my statement about our situation in our prisons and with our corrections officers. I would like to continue with those remarks.

We have staff shortages being faced by our corrections facility and they are incredibly irresponsible and dangerous to our officers. They face increasing dangers as they are stretched more and more thinly, both in numbers and in relation to their on-the-job acumen. A consequence of less training on the job under experienced colleagues and less than enough down time away from the job, which I detailed last week because we talked about working 16 or more hours, day after day.

The situation leads to more dangerous situations and incidents with inmates. It also allows inmates more opportunities to abuse other often-weaker inmates. How has the department tried to mitigate this crisis? Well, first they close positions, leading to less services and programs for prisoners, and sometimes less backup for the officers on the job at particular sites. An officer might be in one of these facilities watching an entire group of prisoners all by themselves, counting on that if something bad happens they池e going to be able to radio for help and somebody who痴 out on walking patrol is going to be able to get in there and help in a timely fashion. Really, this closing of positions is the only practical thing the department can do during this crisis. But I encourage all of you, we need to demand accounting for the volume and persistence of closed positions.

What does it mean when a position is closed? It means that class isn稚 being taught; it means that the yard isn稚 open; there isn稚 a chance for activity or exercise; there isn稚 a chance for them to blow off steam. It means some officer being left alone in a place, counting on cameras to protect them. What else do they do? Well, they utilize segregation more, they depend on cameras more, and they take chances.

What are the consequences of these decisions? A staff that is run ragged; a staff that is demoralized and cynical, without hope; prisoners who lose opportunities; prisoners who are malcontent and frustrated; prisoners who see weakness and have opportunities to exploit it; officers who are unable to function at a high level in observing the critical needs of the prisoners in their care; lost opportunities to help prisoners who need help, particularly with their own health and mental health.

This has recently played out in a tragic way with the Lancaster situation in Alger County. A situation where a young man died in state custody, in an agonizing and painful way from not eating. It has already cost the state millions of dollars in litigation costs and in settlements. And it痴 costing the officers of our state in their morale as they see their own brothers who are on the line facing prison time in court right now, which never would have become an issue if they had proper staffing, if we actually had mental health services readily available for inmates instead of making them wait days or even a month to see someone.

Meanwhile, the department keeps pumping out their all-important statistics of what a great job they池e doing, Boy, recidivism is way down. Of course, we池e not going to tell everybody that that痴 cooked books too because we致e put all them out on the locals. Here Sheriff痴 department, you deal with them, we don稚 count those as recidivist because they池e in your care now for a different reason.

It痴 all gamesmanship; it痴 all spin. And too bad there doesn稚 seem to be a stat on the impact on the human condition, both for our officers who are our employees and our neighbors, or for the inmates who are our brothers and sisters in the human race. They are in need, both groups. We need to do something about it, and soon.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, September 21, for her approval the following bill:

Enrolled Senate Bill No. 31 at 11:14 a.m.

Committee Reports

 

 

The Committee on Labor reported

Senate Bill No. 170, entitled

A bill to repeal 2011 PA 98, entitled 擢air and open competition in governmental construction act, (MCL 408.871 to 408.883).

With the recommendation that the bill pass.

John Cherry

Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri and Cavanagh

Nays: Senator Albert

The bill was referred to the Committee of the Whole.

 

 

The Committee on Labor reported

Senate Bill No. 171, entitled

A bill to repeal 2015 PA 105, entitled 鏑ocal government labor regulatory limitation act, (MCL 123.1381 to 123.1396).

With the recommendation that the bill pass.

John Cherry

Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri and Cavanagh

Nays: Senator Albert

The bill was referred to the Committee of the Whole.

 

 

The Committee on Labor reported

House Bill No. 4438, entitled

A bill to amend 1969 PA 312, entitled 鄭n act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof, by amending section 2 (MCL 423.232), as amended by 2011 PA 116.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

John Cherry

Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri, Cavanagh and Albert

Nays: None

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

 

 

The Committee on Labor reported

House Bill No. 4439, entitled

A bill to amend 1969 PA 312, entitled 鄭n act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof, by amending sections 5 and 7a (MCL 423.235 and 423.237a), section 5 as amended by 2011 PA 116.

With the recommendation that the bill pass.

John Cherry

Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri, Cavanagh and Albert

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

 

The Committee on Labor submitted the following:

Meeting held on Thursday, September 21, 2023, at 8:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Cherry (C), Camilleri, Cavanagh and Albert

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Civil Rights, Judiciary, and Public Safety submitted the following:

Meeting held on Thursday, September 21, 2023, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Chang (C), Shink, Irwin, Runestad and Johnson

Excused: Senators Wojno and Santana

 

 

COMMITTEE ATTENDANCE REPORT

 

The Senate Fiscal Agency Governing Board submitted the following:

Meeting held on Tuesday, September 19, 2023, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Anthony (C), Brinks, McCann, Nesbitt and Bumstead

 

 

Scheduled Meetings

 

 

Appropriations Wednesday, September 27, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307

 

Civil Rights, Judiciary and Public Safety Thursday, September 28, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Economic and Community Development Thursday, September 28, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721

 

Elections and Ethics Wednesday, September 27, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-1721

 

Finance, Insurance and Consumer Protection Wednesday, September 27, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5314

 

Health Policy Wednesday, September 27, 12:30 p.m., Room 1100, Binsfeld Office Building (517) 373‑5323

 

Legislative Council Wednesday, October 4, 9:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373‑0212

 

Regulatory Affairs Thursday, September 28, 9:15 a.m., Room 1100, Binsfeld Office Building (517) 373‑1721

 

Veterans and Emergency Services Wednesday, September 27, 9:00 a.m., Room 1300, Binsfeld Office Building (517) 373-5312

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 12:22 p.m.

 

The President pro tempore, Senator Moss, declared the Senate adjourned until Wednesday, September 27, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate