No. 29

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, March 21, 2023.

 

10:00 a.m.

 

 

The Senate was called to order by the Assistant President pro tempore, Senator Erika Geiss.

 

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

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—present

Bumstead—present                              Johnson—present                             Santana—present

Camilleri—present                               Klinefelt—present                            Shink—present

Cavanagh—present                              Lauwers—present                            Singh—present

Chang—present                                   Lindsey—present                             Theis—present

Cherry—present                                  McBroom—present                          Victory—present

Daley—present                                    McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Sarah Anthony of the 21st District offered the following invocation:

Dear Lord, we thank You. We thank You for this day. We thank you for life, for health, for strength; we thank You for the beautiful people in this state, for our roads, for our first responders, and for the men, women, and children who call our state home. We thank You for the awesome responsibility of governing in this building. We ask You to lead us and guide us, to remind us that we are servant-leaders so that we can do the will of Your people. We ask You to continue to keep us safe, to keep us healthy, and to ensure that we are led by something higher than ourselves as we, again, do the business of the people of the state of Michigan.

These blessings and others we do ask and pray. Amen.

 

The Assistant President pro tempore, Senator Geiss, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Nesbitt entered the Senate Chamber.

 

 

The following communication was received and read:

Office of the Auditor General

March 15, 2023

Enclosed is a copy of the following report:

•    Report on Internal Control, Compliance, and Other Matters of the Michigan Economic Development Corporation (186-0406-23).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

 

The following communication was received:

Department of Health and Human Services

March 1, 2023

As per the Child Advocacy Center Act, Public Act 544 of 2008, the Michigan Domestic and Sexual Violence Prevention and Treatment Board is required to “provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives.”

Attached please find a Statement of Revenues, Expenditures and Changes in Fund Balances through year end September 30, 2022.

Please feel free to contact me of any additional information or questions. My direct line is (517) 241-2028 or KriegerG@michigan.gov. Thank you.

                                                                                       Sincerely,

                                                                                       Gail Krieger

                                                                                       Deputy Director

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Fiftieth Judicial Circuit Court of Michigan

March 13, 2023

Please be advised that the 50th Judicial Circuit Court for Chippewa County supports the creation of a juvenile justice facility in Northern Michigan.

Michigan’s juvenile justice system is in crisis because of a critical lack of detention and treatment beds for justice-involved youth. In Northern Michigan, there are no facilities to care for these youth, and there is often no place for them to stay or receive necessary mental and behavioral health treatment pending court hearings. With a statewide bed shortage, and no facility in Northern Michigan, courts are often forced to place justice-involved youth in counties several hours away or, in some cases, even in other states. These distances harm a family’s ability to participate in services with their child.

The lack of treatment facilities not only affects our youth, their families and our court system. It creates a tremendous burden on law enforcement and imposes a great cost to counties to place youth outside of their home county.

Given the critical need for a juvenile justice facility in Northern Michigan, the 50th Judicial Circuit Court for Chippewa County supports Grand Traverse and Leelanau Counties’ request for state funding for the construction of a 32-bed, court-operated youth facility.

                                                                                       Respectfully,

                                                                                       Hon. James P. Lambros

                                                                                       Chief Circuit Court Judge

                                                                                       50th Judicial Circuit Court

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Jeremy Moss

March 16, 2023

Please add my name as a co-sponsor to Senate Bills 179 and 180.

                                                                                       Sincerely,

                                                                                       State Senator Jeremy Moss

                                                                                       President Pro Tempore

                                                                                       Senate District 7

The communication was referred to the Secretary for record.

 

 

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

Senate Bill No. 87

Senate Bill No. 141

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

 

 

Messages from the Governor

 

 

The following message from the Governor was received:

Date: March 16, 2023

Time: 4:13 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 4 (Public Act No. 6), being

An act to amend 1976 PA 453, entitled “An act to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts,” 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.

(Filed with the Secretary of State on March 16, 2023, at 4:40 p.m.)

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

 

 

The following messages from the Governor were received and read:

March 16, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 299 of 1980, MCL 339.1102 and 339.303:

Board of Barber Examiners

Ms. Lorin C. Cumberbatch of 608 West Street, Lansing, Michigan 48917, county of Ingham, succeeding Micaela Reardon whose term has expired, is appointed to represent the general public, for a term commencing March 16, 2023 and expiring September 30, 2025.

March 16, 2023

I respectfully submit to the Senate the following appointment, pursuant to Public Act 3 of 1939,
MCL 333.17955:

Michigan Board of Massage Therapy

Ms. Keisha Brooks of 9150 Haverhill Street, Detroit, Michigan 48224, county of Wayne, succeeding Amelia Lipovsky who has resigned, is appointed to represent massage therapists, for a term commencing March 16, 2023 and expiring December 31, 2025.

 

March 16, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.18705:

Michigan Board of Respiratory Care

Dr. Ann M. Flint of 2047 Reinier Court, N.E., Belmont, Michigan 49306, county of Kent, succeeding Veena Erinjeri whose term has expired, is appointed to represent respiratory therapists, for a term commencing March 16, 2023 and expiring December 31, 2026.

Mr. Kenneth J. Harker of 16980 130th Avenue, Nunica, Michigan 49448, county of Ottawa, succeeding Andrew Weirauch whose term has expired, is appointed to represent respiratory therapists, for a term commencing March 16, 2023 and expiring December 31, 2026.

Mr. Andrew E. Rivera of 3314 Boston Street, Midland, Michigan 48642, county of Midland, succeeding Shari Heydenburg whose term has expired, is appointed to represent respiratory therapists, for a term commencing March 16, 2023 and expiring December 31, 2026.

 

March 16, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 232 of 1965, MCL 290.657:

Michigan Tree Fruit Commission

Mr. Adam R. Brauer of 2411 9 Mile Road, N.W., Grand Rapids, Michigan 49544, county of Kent, succeeding Steve Thome whose term has expired, is appointed to represent district 2 growers, for a term commencing March 16, 2023 and expiring March 1, 2026.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Government Operations.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Huizenga, Johnson, Victory, Bellino, McBroom, Outman, Bumstead, Brinks, Theis, Wojno, Nesbitt, Runestad, McMorrow, Polehanki and Santana introduced

Senate Bill No. 218, entitled

A bill to amend 1969 PA 242, entitled “An act to provide for the registration of trademarks and service marks; to prescribe the powers and duties of certain state officers and agencies; to prescribe remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 429.31), as amended by 1984 PA 203.

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

 

 

Senator Santana introduced

Senate Bill No. 219, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9204 and 17707 (MCL 333.9204 and 333.17707), section 9204 as amended by 2006 PA 91 and section 17707 as amended by 2020 PA 142, and by adding sections 17724 and 17724a.

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

 

 

Senators Irwin, Santana, Chang, Bayer, Cavanagh and Shink introduced

Senate Bill No. 220, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 61524 (MCL 324.61524), as amended by 1998 PA 252.

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

Senators Runestad and Johnson introduced

Senate Bill No. 221, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 4.411 to 4.431) by adding section 6b.

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

 

 

Senators Runestad and Johnson introduced

Senate Bill No. 222, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383, and by adding section 6b.

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

 

 

Senator Runestad introduced

Senate Bill No. 223, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241.

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

 

 

Senator Runestad introduced

Senate Bill No. 224, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1, 2, 3, 4, 5, 6, 10, 10a, 10b, and 13 (MCL 15.231, 15.232, 15.233, 15.234, 15.235, 15.236, 15.240, 15.240a, 15.240b, and 15.243), section 1 as amended by 1997 PA 6, section 2 as amended by 2018 PA 68, section 3 as amended by 2018 PA 523, section 4 as amended by 2020 PA 38, section 5 as amended by 2020 PA 36, section 6 as amended by 1996 PA 553, section 10 as amended and sections 10a and 10b as added by 2014 PA 563, and section 13 as amended by 2021 PA 33, by designating sections 1 to 16 as part 1, and by adding part 2.

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

 

 

House Bill No. 4039, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2021 PA 108.

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. 4045, entitled

A bill to create the volunteer employee criminal history system program; to impose a fee for conducting a national and state criminal history record information check; and to provide for the powers and duties of certain state and local governmental officers and entities.

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. 4054, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2015 PA 205.

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. 4055, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2015 PA 204.

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. 4137, entitled

A bill to amend 1979 PA 72, entitled “An act to require the governor to report certain tax information with the annual budget message to the legislature,” by amending section 6 (MCL 21.276), as amended by 1983 PA 7.

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. 4219, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 5 (MCL 125.2005), as amended by 2014 PA 507.

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. 4253, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2021 PA 109.

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

Resolutions

 

 

Senator Singh offered the following concurrent resolution:

Senate Concurrent Resolution No. 7.

A concurrent resolution to prescribe the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 23, 2023, it stands adjourned until Tuesday, April 11, 2023, at 10:00 a.m.; and be it further

Resolved, That when the House of Representatives adjourns on Thursday, March 23, 2023, it stands adjourned until Tuesday, April 11, 2023, at 1:30 p.m.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Singh moved that the rule be suspended.

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

The concurrent resolution was adopted.

Recess

 

 

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

The motion prevailed, the time being 10:14 a.m.

 

11:33 a.m.

 

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

 

By unanimous consent the Senate returned 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 Assistant President pro tempore, Senator Geiss, designated Senator Klinefelt as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore,
Senator Geiss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 137, entitled

A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 5, 5a, 5b, and 6 (MCL 722.875, 722.875a, 722.875b, and 722.876), section 5 as amended by 2009 PA 15 and sections 5a, 5b, and 6 as amended by 2015 PA 227.

 

 

Senate Bill No. 87, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 234 (MCL 257.234), as amended by 2002 PA 552.

 

 

Senate Bill No. 141, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537a (MCL 436.1537a), as amended by 2021 PA 64.

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. 138, entitled

A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, and 4 (MCL 722.872, 722.873, and 722.874), section 2 as amended by 2022 PA 210, section 3 as amended by 2015 PA 227, and section 4 as amended by 2019 PA 95.

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

 

 

Protests

 

 

Pursuant to rule 3.506, Senator Webber submitted his reasons, in writing, for voting “no” on the passage of Senate Bill Nos. 76, 77, 78, 79, 80, 83, 84, 85, and 86 on March 16.

Senator Webber’s statement is as follows:

In accordance with Senate Rule 3.506 part c, this is my written “no” vote explanation to Senate Bill
Nos. 76–78, 79–80, 83–86.

Mr. President, I fear the bills before us make a lot of promises but will ultimately fall short of reducing gun violence in our state. They do nothing to improve safety measures in our schools, and they do nothing to ensure laws already on the books are enforced. I introduced a commonsense amendment that invests
$1 billion into our schools and universities for safety grants and enforcement of firearm laws. My amendment failed on party lines.

But despite pledges from my Democratic colleagues to work together, the bills before us are not the product of bipartisan cooperation. There was no willingness to balance concerns about due process and constitutional rights. There was no willingness to ensure better enforcement of our existing laws, despite what we’ve learned about the MSU murderer’s previous gun charges. There was no willingness to protect students of all ages with stronger security measures, again despite what we learned from MSU.

I want to find a solution to this epidemic of violence—for my family and for every family in our state. But these bills are not a solution, they’re press releases. They’ll get headlines but sadly they will not get the results our people deserve. We must be better than this, our constituents expect and demand better from us.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh 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.

 

 

Recess

 

 

Senator Singh moved that the Senate recess until 3:45 p.m.

The motion prevailed, the time being 11:40 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Geiss.

 

 

Senator Theis moved that Senators Lauwers and Lindsey be excused from the balance of 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 3:46 p.m.

 

3:53 p.m.

 

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

 

 

Senator Singh moved that a respectful message be sent to the House of Representatives requesting the return of the following bill:

House Bill No. 4004

The motion prevailed.

 

By unanimous consent the Senate returned 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 Assistant President pro tempore, Senator Geiss, designated Senator Klinefelt as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore,
Senator Geiss, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4007, 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.

Substitute (S-6).

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 returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bill, now on Third Reading of Bills, be placed on its immediate passage:

House Bill No. 4007

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

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Recess

 

 

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

The motion prevailed, the time being 4:10 p.m.

 

4:19 p.m.

 

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

 

 

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

House Bill No. 4007

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4007, entitled

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

The question being on the passage of the bill,

Senator Theis offered the following amendment:

1.  Amend page 11, following line 6, by inserting:

     “Sec. 9. The governor shall issue an updated budget recommendation that accurately reflects the negative fiscal impact of this act.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

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

 

 

Roll Call No. 99                                             Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—16

 

 

Albert                                Damoose                            Johnson                             Runestad

Bellino                               Hauck                                McBroom                          Theis

Bumstead                           Hoitenga                            Nesbitt                               Victory

Daley                                 Huizenga                            Outman                             Webber

 

 

                                                                   Excused—2

 

 

Lauwers                             Lindsey                                                                      

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Geiss

 

 

The Senate agreed to the title of the bill.

 

 

Senator Theis asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Theis’ statement is as follows:

Democrats seem intent on sending this bill to the Governor. It puts our taxpayers on the hook for much more expensive construction projects, particularly with respect to our roads that we all know need desperately to be fixed. If she signs this, it is going to have a drastic, negative impact on the state budget that she never thought about as she was sending us her recommendation. As such, my amendment would require the Governor to issue a revised budget recommendation reflecting the higher cost, recognizing the impact of the decision she is about to make. I ask for your support of my amendment.

 

By unanimous consent the Senate returned 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 Assistant President pro tempore, Senator Geiss, designated Senator Klinefelt as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore,
Senator Geiss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4039, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2021 PA 108.

 

 

House Bill No. 4253, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2021 PA 109.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4039

House Bill No. 4253

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

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

Recess

 

 

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

The motion prevailed, the time being 4:28 p.m.

 

4:39 p.m.

 

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

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

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; to make appropriations for the implementation of this act; and to prescribe penalties.

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

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 34, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 14, and 17 (MCL 423.1, 423.2, 423.14, and 423.17), as amended by 2012 PA 348.

The House of Representatives has amended the bill as follows:

1.  Amend page 6, line 9, after “year” by striking out “2023-2024,” and inserting “2022-2023,”.

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

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

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

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 100                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—16

 

 

Albert                                Damoose                            Johnson                             Runestad

Bellino                               Hauck                                McBroom                          Theis

Bumstead                           Hoitenga                            Nesbitt                               Victory

Daley                                 Huizenga                            Outman                             Webber

 

 

                                                                   Excused—2

 

 

Lauwers                             Lindsey                                                                      

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Geiss

 

 

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senator Theis asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Theis’ statement is as follows:

I implore my colleagues on the other side of the aisle, again—over and over and over again—we
heard how you didn’t want to pass any bills that were made referendum proof. You didn’t want to have an appropriation in there. So this is yet another chance—it’s like divine intervention—yet another chance to go ahead and tell the public that you meant what you said when you said that you did not want to send referendum-proof bills to the Governor. Yet another chance for the Governor to keep her promise. I ask that you vote “no” on this.

 

 

Recess

 

 

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

The motion prevailed, the time being 4:44 p.m.

 

4:52 p.m.

 

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

 

 

The House of Representatives returned, in accordance with the request of the Senate

House Bill No. 4004, 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 placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

The following bill was announced:

House Bill No. 4004, 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.

Senator Singh moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed.

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

Senator Singh moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

Senator Cherry offered the following amendment:

1.  Amend page 8, line 26, after “year” by striking out “2023-2024” and inserting “2022-2023”.

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

 

 

Roll Call No. 101                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—16

 

 

Albert                                Damoose                            Johnson                             Runestad

Bellino                               Hauck                                McBroom                          Theis

Bumstead                           Hoitenga                            Nesbitt                               Victory

Daley                                 Huizenga                            Outman                             Webber

 

 

                                                                   Excused—2

 

 

Lauwers                             Lindsey                                                                      

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Geiss

 

 

The Senate agreed to the title of the bill.

 

 

Senator Theis asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Theis’ statement is as follows:

One more time, just one more time I implore you. We are putting an appropriation in a policy bill, attempting to make it referendum-proof—well, it will succeed in making it referendum-proof. You know, public, private, this is what we are dealing with here. Could we pretty please have some intellectual honesty from what it was we said we stood for before? Please vote “no.”

 

 

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

House Bill No. 4039

House Bill No. 4253

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4039, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2021 PA 108.

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. 102                                           Yeas—35

 

 

Albert                                Cherry                               Klinefelt                            Runestad

Anthony                             Daley                                 McBroom                          Santana

Bayer                                 Damoose                            McCann                             Shink

Bellino                               Geiss                                 McDonald Rivet                 Singh

Brinks                                Hauck                                McMorrow                        Theis

Bumstead                           Hertel                                 Moss                                 Victory

Camilleri                            Hoitenga                            Nesbitt                               Webber

Cavanagh                           Huizenga                            Outman                             Wojno

Chang                                Johnson                             Polehanki                         

 

 

                                                                      Nays—1

 

 

Irwin                                                                                                                    

 

 

                                                                   Excused—2

 

 

Lauwers                             Lindsey                                                                      

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Geiss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4253, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2021 PA 109.

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. 103                                           Yeas—35

 

 

Albert                                Cherry                               Klinefelt                            Runestad

Anthony                             Daley                                 McBroom                          Santana

Bayer                                 Damoose                            McCann                             Shink

Bellino                               Geiss                                 McDonald Rivet                 Singh

Brinks                                Hauck                                McMorrow                        Theis

Bumstead                           Hertel                                 Moss                                 Victory

Camilleri                            Hoitenga                            Nesbitt                               Webber

Cavanagh                           Huizenga                            Outman                             Wojno

Chang                                Johnson                             Polehanki                         

 

 

                                                                      Nays—1

 

 

Irwin                                                                                                                    

 

 

                                                                   Excused—2

 

 

Lauwers                             Lindsey                                                                      

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Geiss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”

The Senate agreed to the full title.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 16:

House Bill Nos.     4039   4045   4054   4055  4137   4219  4253

 

The Secretary announced that the following bills were printed and filed on Thursday, March 16, and are available on the Michigan Legislature website:

House Bill Nos.     4291   4292   4293   4294  4295   4296   4297   4298   4299  4300   4301  4302

The Secretary announced that the following bills were printed and filed on Friday, March 17, and are available on the Michigan Legislature website:

Senate Bill Nos.      204    205    206    207    208    209    210    211    212    213    214    215   216       217

 

 

Committee Reports

 

 

The Committee on Regulatory Affairs reported

Senate Bill No. 87, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 234 (MCL 257.234), as amended by 2002 PA 552.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Jeremy Moss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Moss, Polehanki, McCann, Wojno, Santana, Hertel, Hauck and Webber

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Regulatory Affairs reported

Senate Bill No. 141, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537a (MCL 436.1537a), as amended by 2021 PA 64.

With the recommendation that the bill pass.

                                                                                       Jeremy Moss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Moss, Polehanki, McCann, Wojno, Santana, Hertel, Hauck and Webber

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Affairs submitted the following:

Meeting held on Thursday, March 16, 2023, at 9:00 a.m., Room 1100, Binsfeld Office Building

Present: Senators Moss (C), Polehanki, McCann, Wojno, Santana, Hertel, Hauck and Webber

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on Thursday, March 16, 2023, at 12:00 noon, Room 1300, Binsfeld Office Building

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

Excused: Senators Shink and Santana

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Corrections and Judiciary submitted the following:

The meeting scheduled on Thursday, March 16, 2023, at 2:15 p.m., Room 1200, Binsfeld Office Building, did not have a quorum present.

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic and Community Development submitted the following:

The meeting scheduled on Thursday, March 16, 2023, at 12:00 noon, Room 1100, Binsfeld Office Building, did not have a quorum present.

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on EGLE submitted the following:

Meeting held on Thursday, March 16, 2023, at 3:00 p.m., Room 403, 4th Floor, Capitol Building

Present: Senators Irwin (C), McDonald Rivet, Shink, Cherry, Bayer, Hauck and Outman

Excused: Senators Singh and Bumstead

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Transportation submitted the following:

Meeting held on Thursday, March 16, 2023, at 3:00 p.m., Room 1200, Binsfeld Office Building

Present: Senators Klinefelt (C), Hertel, McCann, Camilleri and Damoose

Excused: Senator Bumstead

 

 

Scheduled Meetings

 

 

Appropriations – Wednesday, March 22, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-5307

 

Subcommittee

 

Corrections and Judiciary Thursday, March 23, 1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

DHHS Wednesday, March 22, 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768

 

General Government Wednesday, March 22, 3:00 p.m., Room 1300, Binsfeld Office Building
(517) 373-2768

 

LEO / MEDC Wednesday, March 22, 3:00 p.m., Room 1200, Binsfeld Office Building
(517) 373-2768

 

Civil Rights, Judiciary, and Public Safety Thursday, March 23, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312

 

Energy and Environment Thursday, March 23, 8:30 a.m., Room 403, 4th Floor Capitol Building
(517) 373-5323

 

Finance, Insurance, and Consumer Protection Wednesday, March 22 12:30 p.m., Room 1200,
Binsfeld Office Building (517) 373-5314

 

Health Policy Wednesday, March 22, 12:30 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

 

Veterans and Emergency Services Wednesday, March 22, 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 5:03 p.m.

 

The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Wednesday, March 22, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate