No. 96

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, November 1, 2023.

 

10:00 a.m.

 

 

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

 

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

 

 

Albert—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 Paul Wojno of the 10th District offered the following invocation:

Dear Father, we come before You today to give You honor and praise. You are worthy of our praise. You are the source of all that is good. You alone are the source of all our blessings. Thank You for every gift we have been given, and we thank You for the opportunity to come together in our State Capitol today. We ask for Your hand of blessing on our legislative session. Bless our Governor, Lieutenant Governor, all members of our House and Senate, and staff. We ask that You would guide and direct the Senate so that it is full wisdom, productivity, and respect for one another in helping us accomplish our work and our goals for this day. Amen.

 

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

 

The President, Lieutenant Governor Gilchrist, assumed the Chair.

 

Senator Cavanagh entered the Senate Chamber.

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

Senator McDonald Rivet moved that Senators Anthony, Geiss and Singh be temporarily excused from today’s session.

The motion prevailed.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:04 a.m.

 

10:15 a.m.

 

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

 

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

 

 

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. 613

Senate Bill No. 614

Senate Bill No. 615

Senate Bill No. 616

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

 

 

Messages from the Governor

 

 

The following messages from the Governor were received and read:

October 26, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 1 of 1966, MCL 125.1355:

Barrier Free Design Board

Paul D. Ecklund of 2013 Winters Drive, Portage, Michigan 49002, Kalamazoo County, reappointed to represent visually impaired individuals, for a term commencing October 31, 2023, and expiring October 30, 2026.

Ronald Campbell of 303 North Davison Street, Davison, Michigan 48423, Genesee County, reappointed to represent architects, for a term commencing October 31, 2023, and expiring October 31, 2026.

October 26, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 299 of 1980, MCL 339.301, 339.302, 339.303, and 339.902:

Collection Practices Board

Michael Hiller of 1561 Kriss Crossing Road, Brighton, Michigan 48114, Livingston County, reappointed to represent professionals, for a term commencing October 26, 2023, and expiring June 30, 2027.

 

October 26, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121, 333.16122, and 333.18103:

Michigan Board of Counseling

Courtenay Hae-Barrett Morsi of 4675 Nakoma Drive, Okemos, Michigan 48864, Ingham County, succeeding Janet Glaes whose term has expired, appointed to represent individuals engaged primarily in teaching, training, or research in counseling, for a term commencing October 26, 2023, and expiring June 30, 2027.

 

October 26, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 451 of 1994, MCL 324.78102:

Michigan Natural Resources Commission

Peter Eardley of 2737 Bonnell Avenue, S.E., Grand Rapids, Michigan 49506, Kent County, succeeding Leslie Love who has resigned, appointed to represent Independents, for a term commencing October 26, 2023, and expiring December 31, 2023.

 

October 26, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17221:

Michigan Board of Nursing

Marcia Ditmyer of 429 Leslie Drive, Frankenmuth, Michigan 48734, Saginaw County, succeeding Nora Maloy whose term has expired, appointed to represent the general public, for a term commencing October 26, 2023, and expiring June 30, 2027.

 

October 26, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Executive Order No. 2013-02, MCL 32.92:

Michigan Veterans Affairs Agency Director

Brian Love of 24957 N. Sylbert Drive, Redford, Michigan 48239, Wayne County, appointed for a term commencing October 31, 2023, and expiring at the pleasure of the Governor.

 

October 26, 2023

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 560 of 2016, MCL 36.105:

Michigan Veterans’ Facility Authority Board of Directors

David Rutledge of 8585 Durham Court, Ypsilanti, Michigan 48198, Washtenaw County, reappointed to represent the interests of one or more congressionally chartered veterans’ organizations, for a term commencing October 26, 2023, and expiring April 15, 2027.

 

October 26, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 451 of 1994, MCL 324.78102:

Michigan State Waterways Commission

Erik Krueger of 2293 Warner Drive, Holland, Michigan 49424, Ottawa County, succeeding Mary Rising whose term has expired, appointed to represent the marine-trades industry, for a term commencing October 26, 2023, and expiring September 18, 2026.

Craig Lehrke of W2267 Brevort Lake Road, Moran, Michigan 49760, Mackinac County, reappointed for a term commencing October 26, 2023, and expiring September 18, 2026.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Government Operations.

The following message from the Governor was received and read:

October 30, 2023

I am writing to inform you of my withdrawal of the following appointment submitted to your office on October 26, 2023, pursuant to Public Act 368 of 1978, MCL 333.16121, 333.16122, and 333.18103:

Michigan Board of Counseling

Courtenay Hae-Barrett Morsi of 4675 Nakoma Drive, Okemos, Michigan 48864, Ingham County, succeeding Janet Glaes whose term has expired, appointed to represent individuals engaged primarily in teaching, training, or research in counseling, for a term commencing October 26, 2023, and expiring June 30, 2027.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The message was referred to the Committee on Government Operations.

 

 

Messages from the House

 

 

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

House Bill No. 4926, entitled

A bill 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 section 14a (MCL 211.14a), as amended by 2022 PA 240.

The bill was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Singh moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:

Senate Resolution No. 79

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

 

 

Senators Webber, Runestad, Chang, Polehanki, Camilleri, Johnson, Bayer, McMorrow, Huizenga and Shink offered the following resolution:

Senate Resolution No. 79.

A resolution to recognize the historic, cultural, and religious significance of the festival of Diwali.

Whereas, Diwali is celebrated annually every autumn by Hindus, Sikhs, and Jains in Michigan, the United States, and throughout the world, with over one billion celebrants marking the holiday; and

Whereas, Diwali is a holy day, during which celebrants light small oil lamps and place them around the home. The lighting of the lamps is followed by prayers for attainment of health, wealth, knowledge, peace, and valor, and is recognized as the beginning of a new year for some Hindus; and

Whereas, “Diwali” is a shortened version of the Sanskrit word “Deepavali”, which means a row of lamps, and in English is referred to as the “festival of lights;” and

Whereas, Celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance; and

Whereas, For Hindus, Diwali is a celebration of the belief that light triumphs over darkness and good triumphs over evil; and

Whereas, For Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and

Whereas, For Jains, Diwali marks the anniversary of the attainment of moksha or liberation by Lord Mahavira, the last of the Tirthankaras, who was the great teacher of Jain Dharma at the end of his life in 527 B.C.; and

Whereas, Michigan remains resolute in its commitment to fostering diversity of experience and religious acceptance; and

Whereas, Diwali is a time marked by qualities of togetherness, family, and community; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize the historic, cultural, and religious significance of the festival of Diwali. We recognize the Diwali message of tolerance, compassion, and acceptance of others which resonates with the ideals of the American spirit; and be it further

Resolved, That we express respect and admiration to all those who celebrate Diwali throughout the world and in our own communities.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator Wojno was named co-sponsor of the resolution.

 

 

Senators Webber, Runestad and Singh asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Webber’s statement is as follows:

I invite you to join me today in recognition of Diwali and ask for your support of Senate Resolution No. 79 to acknowledge the historic, cultural, and religious significance of this wonderful festival. Diwali is celebrated by more than one billion Hindus, Sikhs, and Jains around the world each year, including our Michigan neighbors who identify with these traditions. Diwali, a shortened version of the Sanskrit word meaning “row of lamps” is often translated into English as the Festival of Lights.

Diwali is a time marked by qualities of togetherness, family, and community. It is a special time for charitable giving and selfless service. Diwali celebrants will light small oil lamps and place them around their homes with prayers for health, wealth, knowledge, peace, and valor. The rows of lamps are said to symbolize the light within the individual that rids the soul of the darkness of ignorance. This wonderful reminder that light triumphs over darkness, that good triumphs over evil, is a theme celebrated with many of our individual faith traditions.

Hope is something we all share. Hope is a force of universal good. That is why I ask for your support of this resolution in our shared commitment to celebrate diversity of experiences and religious acceptance. I ask you to join me in recognition that Diwali’s message of tolerance, compassion, and acceptance resonates with the ideals of the American spirit. Let us express, together, our respect and admiration for all those who celebrate Diwali throughout the world and in our own communities.

Diwali begins November 12 of this year. May all who celebrate do so with peace and joy.

 

Senator Runestad’s statement is as follows:

When I was elected in 2018, I didn’t have that diverse a community in the House. Then, when I was elected in the Senate, I found I had a very, very diverse community. In particular, a sizeable Indian community. I love learning about new cultures, so I started attending events—Diwali events, Bollywood dance-offs, going to temple—and met the nicest group of people I think you could ever meet in the entire state of Michigan.

The Indian community is so welcoming and so supportive that it has been a wonderful experience learning about the 28 different states, the different languages, and the different religions within each of these. I met so many great friends. It has been one of my absolute best memories and best things I’ll have with me when I leave this office, and I see so many of my friends here today. I’ve been very proud to be able to sponsor or co-sponsor Diwali, so again, I’m honored to be a part of this event.

 

Senator Singh’s statement is as follows:

I want to thank the Senator from the 9th District for bringing this resolution up to commemorate Diwali and welcoming so many people here to our chamber and our Capitol who will be celebrating this holiday in the weeks to come. This holiday, as was mentioned, is a holiday that is very close to a number of religions in the south Asian area—specifically India. So I just wanted to say, on behalf of myself and our family to the people who are here, the people of Michigan, happy Diwali.

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 Bellino 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 without amendment, the following bills:

Senate Bill No. 570, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 31a (MCL 168.31a), as amended by 2018 PA 603.

 

 

Senate Bill No. 594, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509ii (MCL 168.509ii), as added by 2018 PA 350.

 

 

Senate Bill No. 393, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing part 26 (MCL 324.2601 to 324.2611).

 

 

House Bill No. 4717, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2504a (MCL 339.2504a), as amended by 2020 PA 342.

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. 590, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 13 (MCL 168.13) and by adding chapter XXXIA.

Substitute (S-2).

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. 591, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 4501, 4545, and 6419 (MCL 600.4501, 600.4545, and 600.6419), section 6419 as amended by 2013 PA 164.

Substitute (S-2).

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. 394, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 1307, and 1311 (MCL 324.1301, 324.1307, and 324.1311), section 1301 as amended by 2018 PA 451, section 1307 as amended by 2018 PA 631, and section 1311 as amended by 2018 PA 268; and to repeal acts and parts of acts.

Substitute (S-2).

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.

Recess

 

 

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

The motion prevailed, the time being 10:37 a.m.

 

12:06 p.m.

 

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

 

 

Recess

 

 

Senator Singh moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 12:07 p.m.

 

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

 

 

Recess

 

 

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

The motion prevailed, the time being 1:31 p.m.

 

1:49 p.m.

 

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

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Webber introduced

Senate Joint Resolution H, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV, to limit the legislative session.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senators Webber and Singh introduced

Senate Bill No. 625, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18223a.

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

 

 

Senators Singh and Webber introduced

Senate Bill No. 626, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18223 (MCL 333.18223), as amended by 2018 PA 24.

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

 

 

Senators Bumstead, Outman, Damoose, Huizenga and Wojno introduced

Senate Bill No. 627, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 2, 3, 5, 7, 10, 17, and 20 of chapter XII (MCL 712.1, 712.2, 712.3, 712.5, 712.7, 712.10, 712.17, and 712.20), sections 1, 3, 7, and 10 as amended by 2006 PA 488, sections 2 and 5 as added by 2000 PA 232, section 17 as amended by 2010 PA 348, and section 20 as amended by 2003 PA 245, and by adding section 3a to chapter XII.

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

 

 

Senators Damoose, Bumstead, Outman, Huizenga and Wojno introduced

Senate Bill No. 628, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2843 (MCL 333.2843), as amended by 2013 PA 79.

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

 

 

Senators Outman, Bumstead, Damoose, Huizenga and Wojno introduced

Senate Bill No. 629, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 135 (MCL 750.135), as amended by 2002 PA 689.

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

 

 

Senators Irwin, Bayer, Geiss and Shink introduced

Senate Bill No. 630, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 1 and 7 (MCL 691.1401 and 691.1407), section 1 as amended by 2012 PA 50 and section 7 as amended by 2013 PA 173.

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

 

 

Senators Irwin, Bayer, Geiss and Shink introduced

Senate Bill No. 631, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” (MCL 691.1401 to 691.1419) by adding section 7d.

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

 

 

Senators Anthony, Damoose, Irwin, Geiss, Chang, Shink, Bayer and McMorrow introduced

Senate Bill No. 632, entitled

A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 33 (MCL 487.2153).

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

Senator Hertel introduced

Senate Bill No. 633, entitled

A bill to provide for the establishment of a state-based health insurance exchange as a nonprofit corporation; to create the board of exchange and prescribe its powers and duties; to provide for assessments and user fees; and to provide for the powers and duties of certain state and local governmental officers and agencies.

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

 

 

Senator Santana introduced

Senate Bill No. 634, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1261, 1262, 1262a, and 1264 (MCL 500.1261, 500.1262, 500.1262a, and 500.1264), as added by 2014 PA 566.

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

 

 

Senator Geiss introduced

Senate Bill No. 635, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406mm.

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

 

 

Senator Hertel introduced

Senate Bill No. 636, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2212a (MCL 500.2212a), as amended by 2023 PA 161.

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

 

 

Senator Camilleri introduced

Senate Bill No. 637, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406nn.

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

 

 

Senator Klinefelt introduced

Senate Bill No. 638, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3406o (MCL 500.3406o), as amended by 2020 PA 322; and to repeal acts and parts of acts.

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

 

 

House Bill No. 4185, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 35, and 36 (MCL 408.1004, 408.1035, and 408.1036), section 4 as amended by 2012 PA 416 and sections 35 and 36 as amended by 1991 PA 105.

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 Energy and Environment.

 

 

House Bill No. 4186, entitled

A bill to allow local governments and certain authorities to withhold payment under certain conditions to contractors on an asbestos abatement project; to provide for mandatory contract conditions on certain asbestos abatement projects; to provide for certain disclosures; and to prescribe the powers and duties of certain local officials.

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 Energy and Environment.

House Bill No. 4187, entitled

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 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 Energy and Environment.

 

 

House Bill No. 4188, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 5519 and 5519a.

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 Energy and Environment.

 

 

House Bill No. 4189, entitled

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 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 Energy and Environment.

 

 

House Bill No. 4190, entitled

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 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 Energy and Environment.

 

 

House Bill No. 4368, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 716.

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. 4522, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1082 (MCL 600.1082), as amended by 2012 PA 334, and by adding chapter 10D.

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. 4523, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1093 (MCL 600.1093), as amended by 2018 PA 591.

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. 4524, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1074 (MCL 600.1074), as added by 2004 PA 224.

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. 4525, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1064 and 1066 (MCL 600.1064 and 600.1066), as added by 2004 PA 224.

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. 4716, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2022 PA 224.

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 Transportation and Infrastructure.

 

 

House Bill No. 4724, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 506, 520, 522, and 530 (MCL 206.506, 206.520, 206.522, and 206.530), section 506 as amended by 1996 PA 484, sections 520 and 522 as amended by 2015 PA 179, and section 530 as amended by 2011 PA 38.

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. 4948, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by amending the title and by adding section 2a.

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. 4960, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending section 205a (MCL 37.2205a), as amended by 1999 PA 202.

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. 5048, entitled

A bill to amend 1974 PA 263, entitled “An act to permit counties to impose and collect an excise tax on persons engaged in the business of providing rooms for dwelling, lodging, or sleeping purposes to transient guests; to provide for the disposition of the revenues thereof; and to prescribe penalties,” by amending the title and sections 1, 2, 3, 4, 6, and 7 (MCL 141.861, 141.862, 141.863, 141.864, 141.866, and 141.867), section 2 as amended by 2004 PA 118, section 4 as amended by 2014 PA 284, and section 7 as amended by 1989 PA 13, and by adding section 2a.

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 Local Government.

 

 

House Bill No. 5096, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3, 4, 6, 8a, and 12 (MCL 125.2683, 125.2684, 125.2686, 125.2688a, and 125.2692), sections 3 and 8a as amended by 2010 PA 277, section 4 as amended by 2014 PA 27, section 6 as amended by 2016 PA 118, and section 12 as amended by 2010 PA 83.

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

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

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

House Bill No. 5099, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 9 (MCL 125.2009), as amended by 2021 PA 136.

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. 5100, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 677.

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. 5101, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 717.

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. 5102, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.847) by adding section 718.

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

Messages from the House

 

 

Senate Bill No. 280, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9316 (MCL 333.9316), as added by 2020 PA 261.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

 

 

The House of Representatives requested the return of

Senate Bill No. 280, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9316 (MCL 333.9316), as added by 2020 PA 261.

Senator Singh moved that the request of the House of Representatives be granted.

The motion prevailed.

Recess

 

 

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

The motion prevailed, the time being 2:06 p.m.

 

2:15 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

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 Bellino 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. 615, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 44a.

 

 

Senate Bill No. 616, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 44 (MCL 169.244), as amended by 2017 PA 119.

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. 613, entitled

A bill to require certain public officers to file annual financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1.  Amend page 4, line 3, after “employer” by inserting “or employers”.

2.  Amend page 6, line 5, after “employer.” by inserting “As provided in section 8, there is an ongoing duty to report any agreement or arrangement entered into by a public official after the filing deadline described in section 5(2).”.

3.  Amend page 6, following line 29, by inserting:

     “Sec. 8. A public officer who is not reelected or seeking reelection to public office must report to the department within 10 days after entering into any agreement or arrangement described in section 7(k) the date, identity of the parties to, and the general terms of any agreement or arrangement with respect to future employment that the public officer is to begin within 1 year after the end of the public officer’s term of office.”.

The Senate agreed to the substitute as amended 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. 614, entitled

A bill to require certain candidates for state elective office to file financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

Substitute (S-3).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1.  Amend page 4, line 14, after “employer” by inserting “or employers”.

The Senate agreed to the substitute as amended 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 bills, now on Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 613

Senate Bill No. 614

Senate Bill No. 615

Senate Bill No. 616

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

 

 

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

House Bill No. 4926

The motion prevailed.

 

 

The following bill was announced:

House Bill No. 4926, entitled

A bill 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 section 14a (MCL 211.14a), as amended by 2022 PA 240.

Senator Singh moved that the bill be given immediate effect.

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

 

 

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

House Bill No. 4515

House Bill No. 4852

The motion prevailed.

 

 

The following bill was read a third time:

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.

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. 631                                           Yeas—24

 

 

Anthony                             Chang                                Klinefelt                            Santana

Bayer                                 Cherry                               McCann                             Shink

Brinks                                Geiss                                 McDonald Rivet                 Singh

Bumstead                           Hertel                                 McMorrow                        Victory

Camilleri                            Huizenga                            Moss                                 Webber

Cavanagh                           Irwin                                  Polehanki                          Wojno

 

 

                                                                     Nays—14

 

 

Albert                                Hauck                                Lindsey                             Outman

Bellino                               Hoitenga                            McBroom                          Runestad

Daley                                 Johnson                             Nesbitt                               Theis

Damoose                            Lauwers                                                                     

 

 

                                                                   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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4852, entitled

A bill to designate the official native grain of the state of Michigan.

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. 632                                           Yeas—28

 

 

Albert                                Chang                                Klinefelt                            Nesbitt

Anthony                             Cherry                               Lauwers                            Polehanki

Bayer                                 Damoose                            McBroom                          Santana

Bellino                               Geiss                                 McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Camilleri                            Huizenga                            McMorrow                        Webber

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—10

 

 

Bumstead                           Hoitenga                            Outman                             Theis

Daley                                 Johnson                             Runestad                           Victory

Hauck                                Lindsey                                                                      

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: Geiss

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Irwin’s statement is as follows:

I rise to thank all my colleagues who voted in support of House Bill No. 4852, which names manoomin as the state grain. Manoomin is a cultural, spiritual, and culinary staple of the Anishinaabe tribes, particularly the Ojibwa, and manoomin loosely translates to “good berry,” which I think is kind of interesting because this grain was so essential to the lives of the people who lived here. Manoomin was essential to the life of the people here on this land before European settlers came. As you may know, and this is changing, we have long winters here in Michigan. We have thick ice and access to calories over those long winters was not just a cultural artifact; it literally meant life or death to the tribal communities here in Michigan. That’s why folks are trying to elevate the importance of this essential resource, that’s why tribes all over our state spend time and money trying to protect these fields, that many hundreds of years ago people walking this land would search out, would identify, would cultivate, and would depend upon to get them through our long winters.

Thank you to all my colleagues who supported this important bill. Megwetch to our Presiding Officer.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

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

The motion prevailed.

Senator Irwin’s statement is as follows:

I just want to speak out to all the folks here in Michigan who have Anishinaabe heritage or who care about respecting Anishinaabe culture. I want those folks to know that a majority of this body supported this legislation. Despite the fact that there was one individual who felt it necessary to stand up and make disrespectful comments, there are a majority of Senators who, just like other honorific resolutions that came before this body, supported that. Sometimes the nastiness in politics overcomes some of us. I wish all of us and all of you individually that your better nature can fill your heart and your mind—more importantly your mind—and that we can show respect to the cultures here in Michigan that make our state home and that made our state home before European settlers came here. I was pleased when a member stood up today earlier to recognize the amazing contribution that South Asian Indian folks have brought to our state. I think that’s important that we recognize that. I also think it’s important we pass honorific bills to recognize people who have done important things in the history of our state. I also think its important we show respect to the tribal communities that not just are crucial to the history of our land but are here now in the present day and that deserve the respect and consideration of those in this chamber. I won’t go on any longer, but I did find the previous comments to be disrespectful and I felt it was important for someone to stand up on this floor and say we respect our Anishinaabe partners, we respect the sovereign nations that still exist within our borders, and we want to work with them.

 

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 bills:

Senate Bill No. 613

Senate Bill No. 614

Senate Bill No. 615

Senate Bill No. 616

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 613, entitled

A bill to require certain public officers to file annual financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

The question being on the passage of the bill,

 

The President, Lieutenant Governor Gilchrist, resumed the Chair.

 

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

 

 

Roll Call No. 633                                           Yeas—36

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lauwers                            Santana

Bellino                               Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—2

 

 

Lindsey                              Runestad                                                                    

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator McBroom’s statement is as follows:

Madam President, I’m grateful to have reached this point during this session that we have a chance to take up the bills before us today and to be a participant in this package of bills. The opportunity to bring more disclosure and more transparency, more accountability, a greater ability for our public to hold us accountable is long overdue and something that I have been proud to work on with several of my partners, particularly the Senator from the 7th District, for quite a few years. These bills provide us not just a fulfillment of Proposal 1’s requirements on us, but they go beyond that to recognize that this is hopefully a fundamental shift in our way of thinking and in our desire to be honest with the people we serve in this state, to give them the tools they need to recognize how our decisions are reached, but more so to give ourselves the tools as a body that is in its essence designed from the very beginning of parliaments and legislative bodies to police themselves, to hold each other accountable, to recognize the need to have the freedom to act as individuals but also to be responsive to those who represent others in this state to say, You’ve gone too far, you’ve crossed a line, you can’t do that, that’s a conflict.

These bills today give us as the Senate, and to our partners in the other chamber, vital tools that are necessary to do a much better job than has been done in decades, perhaps a century. Do they go as far as I’d like them to have gone? No. Is there far more we need to do? Yes, and you’ve heard me talk about it in several speeches on other issues just in the last couple of weeks. We have a long way to go. Campaign finance reform, reporting requirements, travel opening up of where it comes from, how we got there, who’s behind it, control over where the money goes in the campaign system—to committees, to caucuses, who it comes from, should it come from monopolies, should it come from corporations, what should these limits be? All of these items still desperately need to be talked about, including of course issues of open records, both at the executive branch and in the legislative branch.

There’s so much more to do, but in my long time now of being here—I could say now I’ve got three years, one month, and 29 days left of the 14 years—we have not had that many opportunities to do things like this as we have today. I know there’s many of you who are frustrated that it doesn’t go far enough. I know there’s members of the public and certainly members of the press who will never be satiated with anything we propose, except that they could literally attach cameras to us and follow with us every moment of the day, and fortunately we’re not doing that—yes, amen. But fortunately we are making a good step forward. We have great commitments from partners on both sides of the aisle that we want to go further and that we’re going to get some of these other projects done. I strongly urge members to consider supporting this package in light of what is yet to come and of how far we’ve come to even get to this point today.

Now, just last week I was interviewed regarding these bills and I referenced several of the additional reforms I hope to see either be incorporated here, some of which we’ve done today, some other reforms we still need to do, some that can be in this package but aren’t, some that can be in other packages to come forward. One of the ones I mentioned as a necessity, as one of my colleagues mentioned earlier today, to do a better job reporting on gifts from non-registered lobbyists and in that interview I did say a few things about our Attorney General that she has informed me are not true and so I certainly want to offer her my apology for being misinformed through some of the media sources I had read.

I ask for a “yes” vote on this group of bills today.

 

Senator Albert’s statement is as follows:

I can see from this legislative process that this chamber is not interested in crafting transparency legislation in a transparent manner. This process is terrible, and frankly it’s embarrassing. We knew from day one of this legislative term that we would be required to pass some form of personal financial disclosure reporting from legislators and other elected leaders in our state. It was clearly outlined in Proposal 1, which was approved by voters last November. We had a clear deadline before adjourning at the end of this year. That should have been plenty of time.

We had almost a year to work together on something, to hold public hearings, and to fully vet different proposals, to make sure that we finished with the best plan possible. But we didn’t do any of that, and what did we do instead? We rushed a proposal that was introduced last week. It’s unfortunate, because this is a topic where we definitely had time to truly digest and work together on something, and improvements could have been made. This is a public transparency package negotiated behind closed doors with little to no input on specifics from the public. I’m going to be a “yes” vote on this legislation because voters demand and deserve this financial disclosure from their elected leaders, but I can’t help but think that we could have done a better job on this.

 

Senator Moss’ statement is as follows:

Today is one of those few institution-changing days in the Legislature as we are finally taking action on some much-needed, long-awaited improvements to government transparency—specifically financial disclosure. There are several of us—from both sides of the aisle, especially my friend from the Upper Peninsula—who have been in this years-long journey of pushing for more transparency from legislators and other office holders.

After several of our legislative initiatives were blocked at every turn, and the seemingly insurmountable goal of getting lawmakers to regulate and reveal ourselves, Michigan voters took this issue into their own hands and acted where previous Legislatures refused to. I think that has to be acknowledged in the context of what we’re doing here today. The Legislature failed to be responsive to the people, so the people demanded their power back.

Proposal 1 was placed on the ballot last year and was supported by 2.8 million Michigan voters with 65 percent support. From those demands, however, the process has worked. This has been a fulfilling bipartisan effort to see this issue through, and I want to thank our leadership, the Republican leadership, our majority staff, and our minority staff—especially our majority legal counsel who helped to put in the hours and weeks and months of work to get us here. Previous Legislatures and legislators have been marred by scandals in recent years, and we have strong agreement across the aisle, together, to move forward, regardless of party, to strengthen our laws on financial disclosure and the reputation of this institution.

After going through the new language in our Constitution, divining how the terms would be implemented and building upon the ballot proposal, and the extensive work by our bipartisan, bicameral, and stakeholder-informed workgroup, this legislation achieves the goals we set out years ago to enact Michigan’s first-ever financial disclosure law. And this bill checks off every box outlined by Proposal 1. Starting next year on April 15th, each lawmaker must disclose: Every source of income; assets held for investment or production of income; significant liabilities; positions held in organizations; future employment agreements, and more. In fact, this legislation goes further than Proposal 1 by subjecting candidates to financial disclosure requirements, and requiring spouses of officeholders to reveal pertinent financial information.

Currently, Michigan is one of only two states where lawmakers don’t have to file any type of public report about their personal finances. These bills objectively are a huge step forward compared to the current system of self-policing that does not hold our elected officials accountable, but it is one step. I talk often about the Center for Public Integrity ranking that places Michigan dead last in the nation in terms of ethics and accountability. That study ranked and measured 13 functions of state government across 50 states, and Michigan failed ten of those metrics. Financial disclosure is among dozens of bullet points within those ten categories of ethics failures in state government.

This is the beginning of our work on these issues, not an end, and we will continue to make important improvements around government transparency and accountability. But this path is forged today, for the first time since I’ve been here—not just among us as lawmakers, but between us and our constituents who demanded it—and we must continue to travel down that path together. Anything less than further progress betrays the trust the voters placed within us. We cannot let them down. But for today, this action is significant, it changes our institution for the better, it gives our constituents more tools to hold us and future lawmakers accountable, and we should savor this moment as we begin to open up state government. I urge a “yes” vote on the package.

 

 

The following bill was read a third time:

Senate Bill No. 614, entitled

A bill to require certain candidates for state elective office to file financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

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. 634                                           Yeas—36

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lauwers                            Santana

Bellino                               Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—2

 

 

Lindsey                              Runestad                                                                    

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 615, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 44a.

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. 635                                           Yeas—36

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lauwers                            Santana

Bellino                               Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—2

 

 

Lindsey                              Runestad                                                                    

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 616, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 44 (MCL 169.244), as amended by 2017 PA 119.

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. 636                                           Yeas—36

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            Lauwers                            Santana

Bellino                               Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—2

 

 

Lindsey                              Runestad                                                                    

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Protests

 

 

Senators Lindsey and Runestad, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 613, 614, 615, and 616.

Senator Lindsey moved that the statement he made during the discussion of Senate Bill No. 613 be printed as his reasons for voting “no.”

The motion prevailed.

Senator Lindsey’s statement, in which Senator Runestad concurred, is as follows:

So unlike my colleague who just spoke and highlighted some of the problems with this legislation, but ultimately landed on a “yes” vote, I will be voting “no.” I think what we’re doing today is a disservice to the people of Michigan. I was thinking about the process, I was thinking about the content of the legislation, but I was also just reflecting as this legislation was coming through, on what I’ve seen here in Lansing in my short time so far.

I was thinking about how I’ve got relatively young kids, and when my children lie to me, it’s actually kind of an innocent expression that happens, and I can usually pretty quickly call them out, have a conversation, we can get to the bottom of, Why did you lie? What were you trying to do? But what fascinates me is that in politics, the anatomy of a lie is far more complicated. I think it’s far more damaging to our relationship with the public. So I want to talk a little bit about the genesis of what we’re dealing with today, and that’s the past Legislature’s actions that put Proposal 1 on the ballot, which then created the requirement for us to pass this financial transparency legislation.

I think it’s pretty well understood by people in Lansing, although not necessarily well understood by the voters, that the real driving force behind Proposal 1 had more to do with changing term limits in Michigan than it did financial disclosure for elected officials. I would speculate that it was even a little bit worse than that, that the inclusion of the financial transparency part of that proposal was really just window dressing. It was something that would work well to go out to the public and sell that proposal as something that they should adopt. The Detroit Free Press editorial board put it this way, talking about financial transparency: “This shouldn’t have required a ballot initiative, of course. Legislators could have adopted the minimal ethical standards that prevail in nearly every other state decades ago with a simple majority vote. Instead, lawmakers whose primary objective is to secure more flexible term limits have offered this overdue financial disclosure requirement as an added inducement to voters. It’s an offer Michiganders should accept, however cynical its inspiration. The opportunity to improve the quality of Michigan’s legislative representation and provide voters with new tools for holding lawmakers accountable is ample justification to vote YES on Proposal 1.” And of course the people did go, and vote overwhelmingly “yes.”

But back to this idea of the anatomy of a lie, I think that was just part one, was adding this into Proposal 1 as an inducement to vote for it. But part two of the anatomy of the lie was going out and telling the people that it was really going to be a powerful change, that they would finally get to the bottom of some of these questions people have about finances and what goes on in politics. And so it was sold, it was led through the election process, and the people voted for it. Then the next step was the reassurance phase, of telling the people that we’re going to go ahead, we’re going to do this. The Legislature is committed to following through and executing the will of the people, what they asked us to do. But that raises the question, what were the people really looking for when they voted “yes” on Proposal 1, especially those who were motivated to vote “yes” based on the financial disclosure portion of that proposal?

I would submit that we don’t really have a good answer to that question because this body, we’re now in November, this body spent the vast majority of this year pursuing other initiatives, legislation priorities, and very little conversation has gone on about doing one of the only things that the people of Michigan mandated that we do. Instead, we took this legislation up, and in a one week period, rammed it through, made a few minor adjustments, and now we’re going to move into the final phase of the anatomy of this lie, which is, we’re going to pass it and we’re going to tell the people of Michigan that we made a real difference. That we followed through on what they asked us to, and something is going to change, and now there’s a real reason why they should trust politicians. But why are we in this situation in the first place, what is the real state of play when you talk about the relationship between politicians and the people we serve? By and large, that relationship is defined as one where they don’t trust us. So we have an opportunity to change that, we have an opportunity to engage with the people, ask them what they need, and that would be, Mr. President, what I would submit as the right course of action to this body today.

Instead of passing these bills, I suggest we correct course. I suggest instead of shutting this chamber down early, and taking a long holiday, why doesn’t the Senate of Michigan, why doesn’t the entire Legislature, commit to taking the next two months, and going and engaging with our constituents and asking them, What is it we should do regarding financial transparency, to start the process of regaining the trust of the people of Michigan? I think we would be far better served if we would go and listen to them, and make a serious attempt at crafting good legislation that meets the intent of the people, than moving forward today with this weak legislation. Thank you, I ask for a “no” vote.

 

 

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

The motion prevailed.

Senator Johnson’s statement is as follows:

In 2015, the Center for Public Integrity gave our state, the state of Michigan, an F grade in integrity. That’s out of 50 states, we were dead last for ethics, accountability, and transparency. I rise right now to urge that not a single member of this body walk out of this chamber patting themselves on the back today. Despite the claims that you’ll hear, At least this is a beginning and we’ll continue to work on this. I’ve been around a long time, long enough to know that the financial disclosure bills passed today are not a start, they’re a snowjob. I was one of only six Senators who voted against House Joint Resolution R that placed Proposal 1 of 2022 on the ballot because I knew that the handwriting was on the wall. The goal of the resolution was to never provide real, meaningful transparency to the people of the state of Michigan. The goal of that resolution and the goal of the bills we’re passing today are instead to use smoke and mirrors to deceive the voters of Michigan that they are actually going to get some real accountability from their state government. As though the bipartisan scandals of the past few years do not serve as a good enough warning, we intentionally left loopholes the size of Texas for current and future legislators and state officials to exploit as they please.

Meanwhile, the people of Michigan are the ones who are going to pay the price. The Center for Public Integrity has a phrase they use to describe the problem caused by weak disclosure and transparency laws. Quote, corruption risk. Let me say that again, corruption risk. If you sincerely believe that the financial disclosure bills passed today reduce corruption risk in Michigan state government in any meaningful way, based on my 30-plus years of experience fighting corruption at a local, county, and state level, including serving as Michigan Secretary of State, I respectfully and vehemently disagree. We must do better, but I’m sad to say from the same experience that I’m not sure we can. I’m nothing if I’m not a fighter, so I will keep fighting for it and I hope sincerely that the words of some of my colleagues in this chamber and those of other state officials who claim to yearn for real reform and accountability are not just platitudes and that they will work with me.

But today, I just urge you again not to leave this chamber patting your back. We continue to live in one of the very worst states in this country for transparency, accountability, and integrity measures. It is our job—each of us, all of us—it’s our job to fix it.

Senator McBroom’s statement is as follows:

Mr. President, I have a tremendous amount of respect for my colleague from the 24th District. She and I, in my time when I was in the House and she was Secretary of State, stood up together and lost together in a fight for transparency regarding the use of money in issue advocacy and the disclosure of those funds. We were both smacked down by leadership at the time and treated very unfairly in my opinion on that. I have a tremendous amount of respect for her passion on this issue and for her frustrations with it. I have felt those too. I would recognize that the Senator is probably the most justified in being the most cynical person in this chamber when it comes to that, and I hope to be second place to why she is jaded and cynical about it. Let’s take her words as a challenge to do better.

But I do object to the analysis of these bills as being nothing but window dressing, of these bills being nothing but smoke and mirrors. There is genuine substance here. There is genuine disclosure. There are genuine penalties. These bills are not smoke and mirrors. Do they go far enough? No. I think many of us have been very clear on that, but these are a good first step. For those of us who have labored long on this and have every reason to be jaded and cynical about it, the opportunity cannot be let to slip by when it finally comes up. Letting the perfect be the enemy of even the mediocre would be a tragedy indeed today when there’s something to get done finally in front of us.

I continue to request a “yes” vote on these bills.

 

Senator Runestad’s statement is as follows:

I just wanted to concur with the opinion of my good friend from the 24th District. I also want to agree with my colleague from the west side of the state who said the whole purpose behind this ballot initiative was to sell the people that they were going to get some transparency and the other aspect of it is just this lower level extending the term to 12 years from the current 6 at the time in the House, when in reality I believe 100 percent the transparency was just this nothing, it was a sales job. The whole goal is to extend out the term limits. That’s what happened.

I thought this chamber would take this seriously at the beginning and really start working on these. Every month I’d hear messages, Well, we’re going to wait a few months, we’re going to wait until spring, we’re going to wait ‘til summer, we’re going to wait ‘til fall, right to the very last minute. It’s what I should have expected. I didn’t expect that. All these transparency bills, all these amendments that were put up, everything shot down. I think when the people digest these, when the media spells out what actually has happened here, what this could have been, but it is not, this whole idea that, well, down the road, how many years, is the worst transparency in the entire nation been going on, but down the road, down the road, we’re going to do some great stuff. When the rubber meets the road now, when you have the opportunity to do it now, to do it right, it was delayed to the very last minute for a good reason, smashed through at the last second.

I’m absolutely disgusted with this chamber, with this state, and I don’t know what to say. I’m beyond words. Certainly this could have been something great and it is not.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

The following communication was received and read:

Office of the Senate Majority Leader

November 1, 2023

Pursuant to rule 3.203(c) I reassign Senate Bills 627, 628 and 629 to the Committee on Housing and Human Services.

                                                                                       Respectfully,

                                                                                       Winnie Brinks

                                                                                       Senate Majority Leader

                                                                                       29th District

The communication was referred to the Secretary for record.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 31:

House Bill Nos.     4185   4186   4187   4188  4189   4190   4368   4522   4523  4524   4525   4716 4724       4948        4960        5048        5096        5099                               5100   5101  5102

Committee Reports

 

 

The Committee on Education reported

House Bill No. 5021, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 81d (MCL 38.1381d), as amended by 2017 PA 92.

With the recommendation that the bill pass.

Dayna Polehanki

Chairperson

To Report Out:

Yeas: Senators Polehanki, Geiss, Chang, Camilleri and McDonald Rivet

Nays: Senators Damoose and Johnson

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education submitted the following:

Meeting held on Tuesday, October 31, 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 Oversight reported

Senate Bill No. 613, entitled

A bill to require certain public officers to file annual financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Sam Singh

Chairperson

To Report Out:

Yeas: Senators Singh, McMorrow, Geiss, Polehanki and McBroom

Nays: Senator Lindsey

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

 

 

The Committee on Oversight reported

Senate Bill No. 614, entitled

A bill to require certain candidates for state elective office to file financial disclosure reports; to create a financial disclosure form; to prescribe penalties and civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Sam Singh

Chairperson

To Report Out:

Yeas: Senators Singh, McMorrow, Geiss, Polehanki and McBroom

Nays: Senator Lindsey

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

 

 

The Committee on Oversight reported

Senate Bill No. 615, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 44a.

With the recommendation that the bill pass.

Sam Singh

Chairperson

To Report Out:

Yeas: Senators Singh, McMorrow, Geiss, Polehanki and McBroom

Nays: Senator Lindsey

The bill was referred to the Committee of the Whole.

 

 

The Committee on Oversight reported

Senate Bill No. 616, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 44 (MCL 169.244), as amended by 2017 PA 119.

With the recommendation that the bill pass.

Sam Singh

Chairperson

To Report Out:

Yeas: Senators Singh, McMorrow, Geiss, Polehanki and McBroom

Nays: Senator Lindsey

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Oversight submitted the following:

Meeting held on Tuesday, October 31, 2023, at 1:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Singh (C), McMorrow, Geiss, Polehanki, McBroom and Lindsey

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Housing and Human Services submitted the following:

Meeting held on Tuesday, October 31, 2023, at 12:00 noon, Room 403, 4th Floor, Capitol Building

Present: Senators Irwin (C), Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey, Hoitenga and Damoose

 

 

Scheduled Meetings

 

 

Civil Rights, Judiciary, and Public Safety – Thursday, November 2, 9:00 a.m., Room 1200, Binsfeld Office Building (517) 373-5312

 

Economic and Community Development – Thursday, November 2, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721

 

Health Policy – Thursday, November 2, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

 

Labor – Thursday, November 2, 9:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5314

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 3:20 p.m.

 

The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Thursday, November 2, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate