STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Wednesday, March 22, 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 Joseph N. Bellino, Jr. of the 16th District offered the following invocation:
God, direct me in my thinking today so that it be empty of self-pity, dishonesty, self-will, self-seeking, and fear. God, inspire my thinking, decisions, and intuition. Help me to relax and take it easy. Free me from doubt and indecision. Guide me through this day and show me the next step. God, show me what I need to do to take care of any problems. I ask all these things that I may be of maximum service to You and fellow humans.
In this we 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
Senate Bill No. 43
Senate Bill No. 129
Senate Bill No. 130
Senate Bill No. 131
Senate Bill No. 132
The motion prevailed, a majority of the members serving voting therefor.
Third Reading of Bills
The following bill was read a third time:
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.
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. 104 Yeas—38
Albert Daley Lauwers Polehanki
Anthony Damoose Lindsey Runestad
Bayer Geiss McBroom Santana
Bellino Hauck McCann Shink
Brinks Hertel McDonald Rivet Singh
Bumstead Hoitenga McMorrow Theis
Camilleri Huizenga Moss Victory
Cavanagh Irwin Nesbitt Webber
Chang Johnson Outman Wojno
Cherry Klinefelt
Nays—0
Excused—0
Not Voting—0
In The Chair: Geiss
The Senate agreed to the title of the
bill.
The following bill was read a third time:
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.
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. 105 Yeas—38
Albert Daley Lauwers Polehanki
Anthony Damoose Lindsey Runestad
Bayer Geiss McBroom Santana
Bellino Hauck McCann Shink
Brinks Hertel McDonald Rivet Singh
Bumstead Hoitenga McMorrow Theis
Camilleri Huizenga Moss Victory
Cavanagh Irwin Nesbitt Webber
Chang Johnson Outman Wojno
Cherry Klinefelt
Nays—0
Excused—0
Not Voting—0
In The Chair: Geiss
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Irwin’s statement is as follows:
I rise to speak in favor of my legislation to fix this loophole in the Guardianship Assistance Program. This bill, together with the other bill in the package, will ensure that guardianships that are ordered by tribal courts and by courts out of Michigan are afforded the same sort of support; the families that take on these children are afforded the same sort of financial support from the state that they would otherwise be eligible if they were to stay as foster parents or if the guardianship was effectuated by a state court. So this bill just establishes fairness for our tribal communities and I really appreciate the support on the bill.
The following bill was read a third time:
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.
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. 106 Yeas—32
Anthony Daley Klinefelt Outman
Bayer Damoose Lauwers Polehanki
Bellino Geiss McBroom Santana
Brinks Hauck McCann Shink
Camilleri Hertel McDonald Rivet Singh
Cavanagh Huizenga McMorrow Victory
Chang Irwin Moss Webber
Cherry Johnson Nesbitt Wojno
Nays—6
Albert Hoitenga Runestad Theis
Bumstead Lindsey
Excused—0
Not Voting—0
In The Chair: Geiss
The Senate agreed to the title of the bill.
The following bill was read a third time:
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 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. 107 Yeas—37
Albert Daley Klinefelt Polehanki
Anthony Damoose Lauwers Runestad
Bayer Geiss Lindsey Santana
Bellino Hauck McCann Shink
Brinks Hertel McDonald Rivet Singh
Bumstead Hoitenga McMorrow Theis
Camilleri Huizenga Moss Victory
Cavanagh Irwin Nesbitt Webber
Chang Johnson Outman Wojno
Cherry
Nays—1
McBroom
Excused—0
Not Voting—0
In The Chair: Geiss
The Senate agreed to the title of the bill.
General Orders
The motion prevailed, and the Assistant President pro tempore, Senator Geiss, designated Senator Lauwers 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. 130, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7gg (MCL 211.7gg), as added by 2003 PA 261.
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4dd (MCL 205.94dd), as added by 2017 PA 49.
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4d (MCL 205.54d), as amended by 2017 PA 48.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 43, entitled
A bill to amend 1917 PA 165, entitled “An act to authorize highway officials to close roads under construction, improvement or repair, or any portion of a highway whereon a bridge is being constructed or repaired; to require such officials to place in good repair and to mark by proper signs suitable detours around roads, or portions of roads, which are closed hereunder; to provide suitable barriers, and lights shall be maintained at the end of such roads or portions of roads which are thus closed and at the intersections thereof with other roads; to require the removal of signs and barriers located and placed hereunder; and to provide a penalty for a violation of the provisions hereof,” by amending section 1 (MCL 247.291) and by adding sections 1a and 1b.
Substitute (S-1).
Senate Bill No. 129, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending the title and sections 2, 8, 8a, 13, 13b, 13c, 14, 14a, 15, and 16 (MCL 125.2652, 125.2658, 125.2658a, 125.2663, 125.2663b, 125.2663c, 125.2664, 125.2664a, 125.2665, and 125.2666), the title as amended by 2003 PA 259, section 2 as amended by 2022 PA 178, sections 8, 13, 13b, 15, and 16 as amended by 2020 PA 259, section 8a as amended by 2017 PA 46, sections 13c and 14a as amended by 2021 PA 138, and section 14 as amended by 2016 PA 471.
Substitute (S-3).
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Chang and Geiss introduced
A bill to prohibit certain public entities from entering into certain contracts with certain entities that remove or abate asbestos; to require certain entities to disclose certain information when bidding on certain contracts with public entities; and to impose certain duties and responsibilities on certain public entities.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Geiss and Chang introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5519b.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senators Lauwers and Hertel introduced
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1 and 2c (MCL 722.111 and 722.112c), section 1 as amended by 2022 PA 208 and section 2c as amended by 2017 PA 257.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Shink, Polehanki, Bayer, Moss, Klinefelt, Geiss, Chang, McMorrow, Irwin, Anthony, McCann, Cavanagh, Wojno, Brinks, Santana, Hertel and Cherry introduced
A bill to repeal 2016 PA 389, entitled “An act to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers,” (MCL 445.591 to 445.593).
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
Senator Klinefelt introduced
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2021 PA 108.
The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.
Senator Klinefelt introduced
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 2 (MCL 12.252), as amended by 2022 PA 83, and by adding sections 11a and 11b.
The
bill was read a first and second time by title and referred to the Committee on
Finance, Insurance, and Consumer Protection.
Senator Johnson introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 602b, 602c, and 732 (MCL 257.320a, 257.602b, 257.602c, and 257.732), section 320a as amended by 2018 PA 349, section 602b as amended by 2016 PA 332, section 602c as added by 2012 PA 592, and section 732 as amended by 2017 PA 160.
The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.
Senator Camilleri introduced
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 bill was read a first and second time by title.
The motion prevailed, a majority of the members serving voting therefor.
Senator Camilleri introduced
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 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.
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 392, 502, 503, 507, 522, 528, 552, and 561 (MCL 380.392, 380.502, 380.503, 380.507, 380.522, 380.528, 380.552, and 380.561), as amended by 2018 PA 601; and to repeal acts and parts of acts.
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 Education.
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 section 15 (MCL 423.215), as amended by 2014 PA 414.
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 Education.
Announcements of Printing and Enrollment
The Secretary announced that the following bills were printed and filed on Tuesday, March 21, and are available on the Michigan Legislature website:
House
Bill Nos. 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 4315 4316
The Secretary announced that the following bills were printed and filed on Wednesday, March 22, and are available on the Michigan Legislature website:
Senate Bill Nos. 218 219 220 221 222 223 224
Committee Reports
The Committee on Energy and Environment reported
Senate Bill No. 88, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2022 PA 208, and by adding sections 3i, 3j, 3k, and 3l.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Sean McCann
Chairperson
To Report Out:
Yeas: Senators McCann, McDonald Rivet, Singh, Bayer, Shink, Hertel, Camilleri, Polehanki, Damoose, Outman, Hauck and Bellino
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Energy and Environment reported
Senate Bill No. 89, 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.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Sean McCann
Chairperson
To Report Out:
Yeas: Senators McCann, McDonald Rivet, Singh, Bayer, Shink, Hertel, Camilleri, Polehanki, Damoose, Outman, Hauck and Bellino
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Environment submitted the following:
Meeting held on Thursday, March 16, 2023, at 1:30 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators McCann (C), McDonald Rivet, Singh, Bayer, Shink, Hertel, Camilleri, Polehanki, Damoose, Outman, Hauck and Bellino
Excused: Senators Chang and Lauwers
The Committee on Education reported
Senate Bill No. 161, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1526, 1531, 1531d, 1531j, and 1531k (MCL 380.1526, 380.1531, 380.1531d, 380.1531j, and 380.1531k), section 1526 as amended by 1995 PA 289, section 1531 as amended by 2018 PA 235, section 1531d as added by 2003 PA 18, and sections 1531j and 1531k as amended by 2018 PA 234.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Dayna Polehanki
Chairperson
To Report Out:
Yeas: Senators Polehanki, Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 162, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2021 PA 149.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Dayna Polehanki
Chairperson
To Report Out:
Yeas: Senators Polehanki, Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, March 21, 2023, at 1:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
The Committee on Transportation and Infrastructure reported
Senate Bill No. 43, entitled
A bill to amend 1917 PA 165, entitled “An act to authorize highway officials to close roads under construction, improvement or repair, or any portion of a highway whereon a bridge is being constructed or repaired; to require such officials to place in good repair and to mark by proper signs suitable detours around roads, or portions of roads, which are closed hereunder; to provide suitable barriers, and lights shall be maintained at the end of such roads or portions of roads which are thus closed and at the intersections thereof with other roads; to require the removal of signs and barriers located and placed hereunder; and to provide a penalty for a violation of the provisions hereof,” by amending section 1 (MCL 247.291) and by adding sections 1a and 1b.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Erika Geiss
Chairperson
To Report Out:
Yeas: Senators Geiss, Klinefelt, Wojno, Camilleri, Chang, McCann, Bellino, Victory and Bumstead
Nays: Senator McBroom
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation and Infrastructure submitted the following:
Meeting held on Tuesday, March 21, 2023, at 3:30 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Geiss (C), Klinefelt, Wojno, Camilleri, Chang, McCann, Bellino, McBroom, Victory and Bumstead
Excused: Senator Hertel
The Committee on Housing and Human Services reported
Senate Bill No. 129, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending the title and sections 2, 8, 8a, 13, 13b, 13c, 14, 14a, 15, and 16 (MCL 125.2652, 125.2658, 125.2658a, 125.2663, 125.2663b, 125.2663c, 125.2664, 125.2664a, 125.2665, and 125.2666), the title as amended by 2003 PA 259, section 2 as amended by 2022 PA 178, sections 8, 13, 13b, 15, and 16 as amended by 2020 PA 259, section 8a as amended by 2017 PA 46, sections 13c and 14a as amended by 2021 PA 138, and section 14 as amended by 2016 PA 471.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 130, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7gg (MCL 211.7gg), as added by 2003 PA 261.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Hoitenga and Damoose
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 131, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4dd (MCL 205.94dd), as added by 2017 PA 49.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 132, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4d (MCL 205.54d), as amended by 2017 PA 48.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Housing and Human Services reported
Senate Bill No. 144, entitled
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss and Damoose
Nays: Senator Hoitenga
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Housing and Human Services submitted the following:
Meeting held on Tuesday, March 21, 2023, at 2:30 p.m., Harry T. Gast Appropriations Room, 3rd, Floor, Capitol Building
Present: Senators Irwin (C), Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Hoitenga and Damoose
Excused: Senator Lindsey
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on DHHS submitted the following:
Meeting held on Tuesday, March 21, 2023, at 8:30 a.m., Room 403, 4th Floor, Capitol Building
Present: Senators Santana (C), McDonald Rivet, Irwin, Cavanagh, Cherry, Camilleri, Bayer, Outman, Huizenga, Hauck and Theis
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on LARA/DIFS submitted the following:
Meeting held on Tuesday, March 21, 2023, at 1:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Cavanagh (C), Santana and Theis
Appropriations –
Subcommittee –
Corrections and Judiciary – Thursday, March 23, 1:30 p.m., or immediately following session, Room 1300, 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
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 10:27 a.m.
The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Thursday, March 23, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate