No. 93

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, October 25, 2023.

 

10:00 a.m.

 

 

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

 

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

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—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 Dan Lauwers of the 25th District offered the following invocation:

Dear Lord, I wish to invoke Your presence over our proceedings today. May You guide our hearts and minds to do what is best for the people of Michigan. In Your name we pray. Amen.

 

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

 

Senator Polehanki entered the Senate Chamber.

 

 

Motions and Communications

 

 

Senator Nesbitt entered the Senate Chamber.

 

Senator Singh moved that Senators Wojno, Brinks, Irwin and Cavanagh be temporarily excused from today’s session.

The motion prevailed.

 

 

The following communication was received:

Office of Senator Sarah Anthony

October 24, 2023

I am writing to request that my name be added to Senate Bills 613, 614, 615, and 616 as a co-sponsor. These recently introduced bills are sponsored by Senators Moss, Singh, Huizenga, and McBroom, respectively.

I thank you in advance for honoring my request.

                                                                                       In Service,

                                                                                       Sarah Anthony

                                                                                       State Senator

                                                                                       21st District

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Rosemary Bayer

October 24, 2023

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bills 613, 614, 615 and 616 which were introduced on October 24th, 2023, by Senators Moss, Singh, Huizenga and McBroom and were referred to the Senate Committee on Oversight.

                                                                                       Sincerely,

                                                                                       Rosemary K. Bayer

                                                                                       13th Senate District

                                                                                       State Senator

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Erika Geiss

October 24, 2023

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

•    Senate Bill 613

•    Senate Bill 614

•    Senate Bill 615

•    Senate Bill 616

                                                                                       Sincerely,

                                                                                       Erika Geiss

                                                                                       State Senator

                                                                                       District 1

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator Kevin Hertel

October 24, 2023

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bills 613, 614, 615 and 616 which were introduced on October 24th, 2023, by Senators Moss, Singh, Huizenga and McBroom and were referred to the Senate Committee on Oversight.

                                                                                       Sincerely,

                                                                                       Kevin Hertel

                                                                                       State Senator, District 12

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Sean McCann

October 24, 2023

I respectfully request that my name be added as a co-sponsor to:

•    Senate Bill 613, introduced by Senator Moss

•    Senate Bill 614, introduced by Senator Singh

•    Senate Bill 615, introduced by Senator Huizenga

•    Senate Bill 616, introduced by Senator McBroom

If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.

                                                                                       Sincerely,

                                                                                       Sean McCann

                                                                                       State Senator

                                                                                       19th District

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Paul Wojno

October 24, 2023

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bills 613, 614, 615, and 616, which were introduced on October 24, 2023.

                                                                                       Warmest regards,

                                                                                       Paul Wojno

                                                                                       State Senator

                                                                                       10th District

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Office of Senator Stephanie Chang

October 25, 2023

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bill 582 which was introduced on October 11th, 2023, by Senator Camilleri and was referred to the Senate Committee on Economic and Community Development.

 

October 25, 2023

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bills 613, 614, 615 and 616 which were introduced on October 24th, 2023, by Senators Moss, Singh, Huizenga and McBroom and were referred to the Senate Committee on Oversight.

                                                                                       Sincerely,

                                                                                       Stephanie Chang

                                                                                       State Senator, District 3

The communications were referred to the Secretary for record.

The following communication was received:

Office of Senator Sylvia Santana

October 25, 2023

Please remove my name as co-sponsor of Senate Bills 271 and 273. Please feel free to contact my office at senssantana@senate.michigan.gov or 517-373-0990, if you have any questions. I appreciate your attention in this matter.

                                                                                       Respectfully,

                                                                                       Sylvia A. Santana

                                                                                       State Senator

                                                                                       District 2

The communication was referred to the Secretary for record.

 

Senator Irwin entered the Senate Chamber.

 

 

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

The motion prevailed.

Senator Klinefelt’s statement is as follows:

I want to recognize Miss Audrey Brennan, an intern who’s been working in my office for the past few months. Audrey has done a wonderful job helping my team communicate with constituents this past summer, answering e-mails, and learning about policy. As Audrey wraps up her time in the Senate, I would like to recognize this amazing young woman for everything she has done—and to let her know that there will always be a piece of pita bread here for you. Thank you.

 

Senator Cavanagh entered the Senate Chamber.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: October 24, 2023

Time: 10:06 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 88 (Public Act No. 173), being

An act 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 section 3i.

(Filed with the Secretary of State on October 24, 2023, at 11:38 a.m.)

 

Date: October 24, 2023

Time: 10:12 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 331 (Public Act No. 176), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending 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.

(Filed with the Secretary of State on October 24, 2023, at 11:44 a.m.)

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators McCann, Klinefelt and Chang introduced

Senate Bill No. 617, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 303, 320a, and 601c (MCL 257.303, 257.320a, and 257.601c), section 303 as amended by 2020 PA 376, section 320a as amended by 2023 PA 39, and section 601c as added by 2001 PA 103.

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

 

 

Senators Klinefelt, Chang and McCann introduced

Senate Bill No. 618, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 79g.

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

 

 

House Bill No. 4738, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 40b to chapter VII.

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

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

 

 

House Bill No. 4739, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” (MCL 780.751 to 780.834) by adding section 8a.

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

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

 

 

House Bill No. 4909, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5104, 5106, 5310, 5313, and 5409 (MCL 700.5104, 700.5106, 700.5310, 700.5313, and 700.5409), section 5106 as amended by 2017 PA 136, section 5310 as amended by 2000 PA 54, section 5313 as amended by 2012 PA 545, and section 5409 as amended by 2000 PA 463, and by adding section 5106a.

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

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

House Bill No. 4910, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5305, 5314, 5406, 5417, and 5418 (MCL 700.5305, 700.5314, 700.5406, 700.5417, and 700.5418), section 5305 as amended by 2017 PA 155, section 5314 as amended by 2018 PA 594, section 5406 as amended by 2000 PA 464, and sections 5417 and 5418 as amended by 2000 PA 312, and by adding section 5314a.

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

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

 

 

House Bill No. 4911, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5303, 5304, 5306, 5306a, 5312, and 5416 (MCL 700.5303, 700.5304, 700.5306, 700.5306a, 700.5312, and 700.5416), section 5303 as amended by 2017 PA 155, section 5306 as amended by 2019 PA 170, section 5306a as added by 2012 PA 173, and section 5312 as amended by 2000 PA 54.

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

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

 

 

House Bill No. 4912, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5414 and 5415 (MCL 700.5414 and 700.5415) and by adding section 5312a.

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

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

 

 

House Bill No. 4979, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 10g (MCL 211.10g), as added by 2018 PA 660.

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 Finance, Insurance, and Consumer Protection.

 

 

House Bill No. 5047, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by amending the title and by adding part 5A to article V.

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

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

 

 

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

The motion prevailed.

Senator Webber’s statement is as follows:

I just want to recognize a staff member who is leaving our team later this week—Michael Stroud. Mike and I have worked together for many years, more on the political side of things, including our campaign last year, and we were lucky enough to convince him to come to Lansing with us and be part of the team here as we got started. Mike’s been very involved in the district, not only during the campaign but obviously this year and he will certainly be greatly missed on our team. We appreciate his contributions to the 9th Senate District and certainly our office, and wish him the best going forward.

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 President, Lieutenant Governor Gilchrist, designated Senator Albert as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 350, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 3 (MCL 390.1663), as amended by 2020 PA 330.

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. 555, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 5, 7, and 11 (MCL 390.1665, 390.1667, and 390.1671), as amended by 2016 PA 9.

Substitute (S-3).

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.

 

During the Committee of the Whole, Senators Wojno and Brinks entered the Senate Chamber.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:19 a.m.

 

11:45 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

Third Reading of Bills

 

 

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

House Bill No. 4926

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4926, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 14a (MCL 211.14a), as amended by 2022 PA 240.

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. 589                                           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

 

 

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

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

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

Senate Bill No. 449

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 449, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 108b.

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. 590                                           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. 450, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 108a.

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. 591                                           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. 592, entitled

A bill to amend 2022 PA 85, entitled “Opioid liability litigation act,” by amending sections 2 and 3 (MCL 691.1672 and 691.1673).

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. 592                                           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.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 25:

House Bill Nos.     4738   4739   4909   4910  4911   4912   4979  5047

 

The Secretary announced that the following bills were printed and filed on Tuesday, October 24, and are available on the Michigan Legislature website:

Senate Bill Nos.      613    614    615    616

House Bill Nos.     5187   5188   5189   5190  5191   5192   5193   5194   5195  5196   5197   5198 5199       5200        5201        5202        5203        5204                               5205   5206   5207   5208  5209   5210   5211   5212   5213  5214   5215   5216 5217       5218        5219        5220        5221        5222

 

The Secretary announced that the following bills were printed and filed on Wednesday, October 25, and are available on the Michigan Legislature website:

Senate Bill Nos.      602    603    604    605    606    607    608    609    610    611    612

Committee Reports

 

 

The Committee on Education reported

Senate Bill No. 463, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e.

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 and McDonald Rivet

Nays: Senators Damoose and Johnson

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, October 24, 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

House Bill No. 4515, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2022 PA 57.

With the recommendation that the bill pass.

                                                                                       Erika Geiss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Camilleri, Chang, McCann, Victory and Bumstead

Nays: Senators Bellino and McBroom

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Tuesday, October 24, 2023, at 3:30 p.m., Room 403, 4th Floor, Capitol Building

Present: Senators Geiss (C), Klinefelt, Wojno, Hertel, Camilleri, Chang, McCann, Bellino, McBroom, Victory and Bumstead

 

 

Scheduled Meetings

 

 

Civil Rights, Judiciary and Public Safety Thursday, October 26, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Labor – Thursday, October 26, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5314

 

Regulatory Affairs – Thursday, October 26, 9:00 a.m., Room 1100, Binsfeld Office Building (517) 373-1721

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 11:51 a.m.

 

The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Thursday, October 26, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate