House Bill No. 4939, entitled

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

By unanimous consent the Senate returned to the order of

Recess

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

The motion prevailed, the time being 1:56 p.m.

2:01 p.m.

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

Resolutions

Senator Lauwers moved that the Senate proceed to consideration of the following resolution:

Senate Resolution No. 167

The motion prevailed.

Senators McCann, Bullock, Polehanki, McMorrow, Santana, Chang, Wojno, Geiss and Irwin offered the following resolution:

Senate Resolution No. 167.

A resolution to designate October 21, 2022, as Disability Awareness and Education Day.

Whereas, People with disabilities are a historically excluded group with a rich culture and legacy of fighting for their civil rights; and

Whereas, Over 2 million adults in Michigan have some type of disability; and

Whereas, Michigan has a proud and distinguished history of protecting the rights of people with disabilities through the Michigan Persons with Disabilities Civil Rights Act; and

Whereas, Education and awareness of the barriers which stand in the way of progress, physically deny access, or contribute to stereotypes and assumptions will provide an understanding of challenges faced by people with disabilities; and

Whereas, People with disabilities have the right to personal control over their own lives and to fully participate in everyday activities of work, home, family, and community; now, therefore, be it

Resolved by the Senate, That the members of this legislative body designate October 21, 2022, as Disability Awareness and Education Day; and be it further

Resolved, That we honor, celebrate, educate, and raise awareness of the disability community and its history.

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

Senator Lauwers moved that the rule be suspended.

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

Senator Bayer was named co-sponsor of the resolution.

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

The motion prevailed.

Senator McCann’s statement is as follows:

Today I offer and ask for your support of Senate Resolution No. 167, which will mark the third Friday in October as Disability Awareness and Education Day. This summer, I met with the Disability Network of Southwest Michigan’s Advocacy Academy students. Their advocacy project sought to have a legislator introduce a resolution of support for their proposed Disability Awareness and Education Day. I am proud to be that resolution sponsor today and hope that our adoption of Senate Resolution No. 167 will help serve as a reminder that the huge community of people with disabilities in Michigan is recognized in our state and in this body, and that these good people advocating for themselves see that they can make their voices heard by their elected representatives.

I thank them for their hard work and look forward to working together with colleagues in this chamber to support and improve upon the state of Michigan’s programs serving and supporting our citizens with disabilities.

Senator Ananich offered the following resolution:

Senate Resolution No. 168.

A resolution to recognize October 2022 as Disability Employment Awareness Month.

Whereas, The most current labor statistics, provided by the United States Department of Labor (DOL), shows only 19.1 percent of people with disabilities are participating in the workforce; and

Whereas, About 29 percent of adult Michigan residents have developmental disabilities; and

Whereas, With the rest of Michigan’s nearly 10 million residents, people with developmental disabilities share the right to work in competitive integrated work environments with needed support while making a living wage; and

Whereas, The DOL has selected the National Disability Employment Month 2022 theme to be “Disability: Part of the Equity Equation”; and

Whereas, This theme reflects the commitment to an inclusive recovery; and

Whereas, All Americans, including those with disabilities, deserve to have full and complete access to economic opportunity and the accommodation and support that is required to thrive in the workplace; and

Whereas, Every person should be seen for their ability with valuable strength and important contribution to our state’s communities; and

Whereas, Michigan’s employment landscape can be enhanced by promoting opportunities for all citizens with disabilities to gain individual integrated employment and valuing contributions that employees with disabilities bring to businesses; and

Whereas, Celebrating the abilities and contributions of people with developmental disabilities can only serve to enrich Michigan communities and enhance our state’s diversity; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize October 2022 as Disability Employment Awareness Month.

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

Senator Lauwers moved that the rule be suspended.

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

Senators Bayer, Santana and Wojno were named co-sponsors of the resolution.

Recess

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

The motion prevailed, the time being 2:04 p.m.

2:10 p.m.

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

Senator Nesbitt offered the following resolution:

Senate Resolution No. 169.

A resolution to recognize September 1, 2022, as TBR1 Syndrome Awareness Day.

Whereas, The TBR1 gene is on the second chromosome and is critical for brain development; and

Whereas, TBR1 gene variations present in different ways though all have some degree of cognitive impairment; and

Whereas, Individuals with TBR1 syndrome may have physical or cognitive delays, mobility issues, impaired vision, seizures, or neurodevelopmental difficulties; and

Whereas, Many of the individuals with TBR1 syndrome are children. TBR1 syndrome cases are primarily “de novo” meaning the variation in the gene is not inherited. There are currently no known causes; and

Whereas, With around 100 identified cases worldwide, diagnosis of variations in the TBR1 gene are new developments; and

Whereas, Families of TBR1 syndrome individuals around the world are organizing the first ever TBR1 Syndrome Awareness Day on September 1, 2022; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize September 1, 2022, as TBR1 Syndrome Awareness Day.

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

Senator Lauwers moved that the rule be suspended.

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

Senators Bayer and Santana were named co-sponsors of the resolution.

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

The motion prevailed.

Senator Nesbitt’s statement is as follows:

I just want to take a moment—I know this is a syndrome that I don’t think any of you have ever heard about, TBR1 Syndrome Awareness Day was earlier this month on September 1—I wanted to share briefly about this issue and the reason I brought it to your attention.

The TBR1 gene is on our second chromosome and is critical for brain development. Variations can cause physical and cognitive delays and neurodevelopmental difficulties. We are learning that the TBR1 gene variation presents itself in many different ways. Individuals with the TBR1 gene variation may have mobility issues or other physical delays or disability issues, sight issues or seizures, and all have some degree of cognitive impairment.

It’s close to my family as a niece who is about 3 1/2 years old has this, it was found out many months into in terms of her slower development, but she’s a wonderful addition to our family.

Diagnosis of variations in the TBR1 gene is a new development so many of the known individuals with TBR1 syndrome are children, and there’s only about 100 known cases worldwide—I think there’s only two here in Michigan. TBR1 syndrome cases are primarily de novo, meaning the variation in the gene was not inherited and there is currently no known cause of how that mutation happens.

I’d just like to recognize my niece Tirzah who is a beautiful young 3 1/2 year old girl, and I appreciate my colleagues joining me in adopting this resolution and bringing awareness to TBR1 Syndrome Awareness Day.

Senator VanderWall offered the following resolution:

Senate Resolution No. 170.

A resolution to urge the Governor of Michigan, the Michigan Department of Health and Human Services, the Department of Insurance and Financial Services, the Department of Licensing and Regulatory Affairs, the Michigan Economic Development Corporation, and other executive departments to take action to make insulin more accessible and affordable.

Whereas, Diabetes affects nearly 37.3 million people in the United States, and, as of 2020, an estimated 12.3 percent of Michigan residents – over one million people - reported being diagnosed with diabetes. People who live with diabetes are subject to increased medical costs, negative health risks such as shortened lifespans, and a host of other consequences. The Centers for Disease Control and Prevention estimates that 5 to 10 percent of people with diabetes have type 1 diabetes, which requires daily insulin to survive; and

Whereas, The provision of insulin is crucial for the 5 to 10 percent of people with type 1 diabetes, and people with type 2 diabetes may also rely on insulin to manage their condition. Many cannot afford the rapidly increasing costs of insulin, causing them to skip or ration their medication, which leads to further health consequences. Michigan citizens are often forced to choose between medication and other costs; and

Whereas, Diabetes is an expensive condition, and the high and increasing cost of insulin is putting financial, emotional, and physical stress on many Michigan residents. In 2018, the average price of a single vial of insulin was $98.70, which results in costs of up to $300 per month for those who need just two or three vials. For those who need more than three vials or take multiple forms of insulin, that monthly cost can easily double. Also, injectable devices with mixed insulin can cost upwards of $700 for just five pens. The creation of generic and biosimilar insulin has helped reduce the price, but some are not able to use these options and must still use traditional, more expensive insulin. From 2014 to 2019, the average retail price for insulin increased by a drastic 54 percent. The COVID-19 pandemic, which resulted in many losing their jobs, only exacerbated the financial burden of living with diabetes; and

Whereas, If we do not address the rising costs of insulin, we put vulnerable Michiganders at risk and endanger their long term health by increasing the possibilities of complications stemming from diabetes, as well as increase costs to the health care system. As leaders of Michigan, we must aggressively initiate action to make insulin more accessible and affordable for all who need it; and

Whereas, All insulin users, including those with both public or private insurance plans, deserve affordable and accessible life-saving drugs. To provide that access, the State of Michigan should launch further investigation and review of how we can use public and private partnerships to acquire insulin in bulk at lower prices or produce insulin. This investigation should include the development of a strategic plan on how the State can manufacture and distribute insulin; now, therefore, be it

Resolved by the Senate, That we urge the Governor of Michigan, the Michigan Department of Health and Human Services, the Department of Insurance and Financial Services, the Department of Licensing and Regulatory Affairs, the Michigan Economic Development Corporation, and other executive departments to take action to make insulin more accessible and affordable; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan, the Director of the Michigan Department of Health and Human Services, the Director of the Michigan Department of Licensing and Regulatory Affairs, the Director of the Michigan Department of Insurance and Financial Services, and the Chief Executive and Economic Competitiveness Officer of the Michigan Economic Development Corporation.

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

Senator Lauwers moved that the rule be suspended.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The President pro tempore, Senator Nesbitt, resumed the Chair.

The following bill was announced:

House Bill No. 4939, entitled

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

(This bill was read a third time earlier today. See p. 1714.)

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

Roll Call No. 429 Yeas—30

Ananich Hollier McCann Shirkey

Barrett Horn Moss Stamas

Bizon Huizenga Nesbitt Theis

Brinks Johnson Outman VanderWall

Bullock LaSata Polehanki Victory

Bumstead Lauwers Runestad Wozniak

Daley MacDonald Schmidt Zorn

Hertel McBroom

Nays—6

Alexander Chang Santana Wojno

Bayer Irwin

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

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

The Senate agreed to the full title.

House Bill No. 4940, entitled

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

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

Roll Call No. 430 Yeas—30

Ananich Hollier McCann Shirkey

Barrett Horn Moss Stamas

Bizon Huizenga Nesbitt Theis

Brinks Johnson Outman VanderWall

Bullock LaSata Polehanki Victory

Bumstead Lauwers Runestad Wozniak

Daley MacDonald Schmidt Zorn

Hertel McBroom

Nays—6

Alexander Chang Santana Wojno

Bayer Irwin

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

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

The Senate agreed to the full title.

House Bill No. 6357, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2018 PA 512.

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

Roll Call No. 431 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

“An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

House Bill No. 5956, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2020 PA 151.

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

Roll Call No. 432 Yeas—29

Ananich Horn Moss Stamas

Barrett Huizenga Nesbitt Theis

Bizon Johnson Outman VanderWall

Brinks LaSata Polehanki Victory

Bullock Lauwers Runestad Wojno

Bumstead MacDonald Schmidt Wozniak

Daley McCann Shirkey Zorn

Hertel

Nays—7

Alexander Chang Irwin Santana

Bayer Hollier McBroom

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

The Senate agreed to the full title.

Senate Bill No. 1111, entitled

A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending section 16 (MCL 432.316).

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

Roll Call No. 433 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McCann Stamas

Barrett Hollier Moss Theis

Bayer Horn Nesbitt VanderWall

Bizon Huizenga Outman Victory

Brinks Irwin Polehanki Wojno

Bullock Johnson Runestad Wozniak

Bumstead LaSata Santana Zorn

Chang Lauwers Schmidt

Nays—1

McBroom

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senate Bill No. 1112, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 8 (MCL 432.108), as amended by 2019 PA 159.

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

Roll Call No. 434 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McCann Stamas

Barrett Hollier Moss Theis

Bayer Horn Nesbitt VanderWall

Bizon Huizenga Outman Victory

Brinks Irwin Polehanki Wojno

Bullock Johnson Runestad Wozniak

Bumstead LaSata Santana Zorn

Chang Lauwers Schmidt

Nays—1

McBroom

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senator McBroom’s statement is as follows:

Protest

Senator McBroom, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1112 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Mr. President, I know that I stand alone on this and stood alone when we passed internet gaming last term, but I object to continuing to tie more and more of our future to these dollars. While this may seem like a practical solution, all this means in the future is that when we come to our senses and realize the damage and harm we’re doing to our families and communities with legalized gaming, it’s going to be that much harder to wean ourselves off it. I ask for a “no” vote.

Senate Bill No. 1133, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567a (MCL 600.2567a), as amended by 2006 PA 662.

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

Roll Call No. 435 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

House Bill No. 6019, entitled

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

Roll Call No. 436 Yeas—31

Ananich Horn Moss Stamas

Barrett Huizenga Nesbitt Theis

Bizon Johnson Outman VanderWall

Brinks LaSata Polehanki Victory

Bullock Lauwers Runestad Wojno

Bumstead MacDonald Santana Wozniak

Daley McBroom Schmidt Zorn

Hertel McCann Shirkey

Nays—5

Alexander Chang Hollier Irwin

Bayer

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

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

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

Roll Call No. 437 Yeas—32

Ananich Hollier McCann Shirkey

Barrett Horn Moss Stamas

Bizon Huizenga Nesbitt Theis

Brinks Johnson Outman VanderWall

Bullock LaSata Polehanki Victory

Bumstead Lauwers Runestad Wojno

Daley MacDonald Santana Wozniak

Hertel McBroom Schmidt Zorn

Nays—4

Alexander Bayer Chang Irwin

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

The Senate agreed to the title of the bill.

Senate Bill No. 1065, entitled

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

Roll Call No. 438 Yeas—24

Alexander Horn McBroom Stamas

Ananich Huizenga Nesbitt Theis

Barrett Johnson Outman VanderWall

Bizon LaSata Runestad Victory

Bumstead Lauwers Schmidt Wozniak

Hertel MacDonald Shirkey Zorn

Nays—12

Bayer Chang Irwin Polehanki

Brinks Daley McCann Santana

Bullock Hollier Moss Wojno

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

House Bill No. 4414, entitled

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

Roll Call No. 439 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

“An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

House Bill No. 6354, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2022 PA 23.

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

Roll Call No. 440 Yeas—26

Alexander Huizenga Outman Theis

Barrett Johnson Runestad VanderWall

Bizon LaSata Santana Victory

Bullock Lauwers Schmidt Wojno

Bumstead MacDonald Shirkey Wozniak

Daley McBroom Stamas Zorn

Horn Nesbitt

Nays—10

Ananich Chang Irwin Moss

Bayer Hertel McCann Polehanki

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

“An act to 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.

House Bill No. 5765, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 314.

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

Roll Call No. 441 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,”

The Senate agreed to the full title.

House Bill No. 4730, entitled

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

Roll Call No. 442 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Senate Bill No. 1085, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 7040 (MCL 500.7040), as added by 1986 PA 121.

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

Roll Call No. 443 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

Senate Bill No. 1059, entitled

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

Roll Call No. 444 Yeas—36

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Shirkey

Barrett Hollier McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Irwin Outman Victory

Bullock Johnson Polehanki Wojno

Bumstead LaSata Runestad Wozniak

Chang Lauwers Santana Zorn

Nays—0

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

House Bill No. 6184, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.

Senator Irwin offered the following amendments:

1. Amend page 2, line 25, after “2253a.” by inserting “(1)”.

2. Amend page 2, line 28, after “sooner.” by striking out “After” and inserting “Except as otherwise provided in subsection (2), after”.

3. Amend page 3, following line 7, by inserting:

“(2) The director may extend an emergency order issued under section 2253 for 1 month if the deaths occurring in this state as a result of the epidemic for which the emergency order was issued are at or exceed 1,000 individuals in the preceding month.”.

The question being on the adoption of the amendments,

Senator Chang requested the yeas and nays.

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

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

Roll Call No. 445 Yeas—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Nays—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

Roll Call No. 446 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The Senate agreed to the full title.

Protests

Senators Irwin, Moss, Santana, Bayer, Polehanki, McCann, Bullock, Wojno, Chang, Hollier and Alexander, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 6184.

Senator Irwin moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Irwin’s statement, in which Senators Moss, Santana, Bayer, Polehanki, McCann, Bullock, Wojno, Chang, Hollier and Alexander concurred, is as follows:

I’ll keep it brief. Look, as I said in my previous statement, I think that when we have disasters, when we have emergencies, when people are dying in our state, we need to make sure our public health protections are in place and that doctors and medical professionals and public health professionals are in the driver’s seat, not politicians. We saw how politicians here in the Capitol tried to use this pandemic for political effect, and that put people’s lives at risk. I don’t think we should do that in the future and that’s why I’m saying let’s keep public health professionals in the driver’s seat and keep politicians off the wheel.

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:

As many of you probably know, this bill is a bill to take away power from our public health officials to enact public health protections that are longer than 28 days without coming back to the Legislature for approval. What my amendment would do is say that if, in the preceding 28 days, a thousand or more Michigan residents have died from that emergency, that the emergency can then continue without specific action from the Legislature. If we have an emergency, a disaster, maybe even another pandemic, that is taking a thousand lives every month, this amendment would say that our public health protections would still be in place and our public health professionals would still be the ones in the driver’s seat, not the politicians.

House Bill No. 6185, entitled

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

Roll Call No. 447 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

House Bill No. 6189, entitled

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

Roll Call No. 448 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

The Senate agreed to the full title.

House Bill No. 6193, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 85 (MCL 125.485).

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

Roll Call No. 449 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

“An act to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,”

The Senate agreed to the full title.

Protest

Senator Irwin, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 6193.

Senator Irwin’s statement is as follows:

Just very briefly, I wanted to get this on the record. Tried to fix this in committee, but House Bill No. 6193 also affects our building officials and I believe that what happened was just what happened now is that the Senate amended—I just want to alert my colleagues and the Journal to I think what is an unintended consequence of what was just passed. I tried to fix this in committee, but essentially it seems to me that the changes to the emergency powers act are all relative to the public health officials but this also affects our building officials. Usually in a city or a township, if you have a building that is unsafe and uninhabitable, the building official can come along and say this building needs to be tagged and marked as unsafe and uninhabitable, but through House Bill No. 6193 we just took that power away from local building officials. I don’t think that was intended and I wanted to include that in my “no” vote explanation.

House Bill No. 6194, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2251a.

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

Roll Call No. 450 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

The Senate agreed to the full title.

House Bill No. 6195, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2251 (MCL 333.2251), as amended by 2012 PA 180.

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

Roll Call No. 451 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

The Senate agreed to the full title.

House Bill No. 6202, entitled

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

Roll Call No. 452 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

House Bill No. 6204, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 41302 and 41303 (MCL 324.41302 and 324.41303), as amended by 2018 PA 451.

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

Roll Call No. 453 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—14

Alexander Bullock Irwin Polehanki

Ananich Chang McCann Santana

Bayer Hertel Moss Wojno

Brinks Hollier

Excused—2

Geiss McMorrow

Not Voting—0

In The Chair: Nesbitt

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

The Senate agreed to the full title.

Recess

Senator Lauwers moved that the Senate recess until 4:30 p.m.

The motion prevailed, the time being 3:15 p.m.

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

Recess

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

The motion prevailed, the time being 4:31 p.m.

4:50 p.m.

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

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Zorn introduced

Senate Bill No. 1184, entitled

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

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

Senator Outman introduced

Senate Bill No. 1185, 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,” by amending sections 1, 3, 7, 8, 9, 12, 13, and 15 (MCL 554.601, 554.603, 554.607, 554.608, 554.609, 554.612, 554.613, and 554.615), section 1 as amended by 1995 PA 79; 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 Regulatory Reform.

Senator Hollier introduced

Senate Bill No. 1186, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

Senator Hollier introduced

Senate Bill No. 1187, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 576, 576a, 580, 736b, 736c, 736d, 736e, 736f, 764, and 795 (MCL 168.576, 168.576a, 168.580, 168.736b, 168.736c, 168.736d, 168.736e, 168.736f, 168.764, and 168.795), section 576 as amended by 1996 PA 213, section 580 as amended by 1985 PA 160, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, sections 736f and 764 as added by 2012 PA 128, and section 795 as amended by 2018 PA 127, and by adding sections 20, 51a, 91a, 131a, 161a, 302b, 646e, and 736h.

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

Senator Hollier introduced

Senate Bill No. 1188, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 285 and 677.

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

Senator Hollier introduced

Senate Bill No. 1189, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 29, 29a, 29b, and 29d (MCL 125.2029, 125.2029a, 125.2029b, and 125.2029d), sections 29 and 29b as added by 2008 PA 75, section 29a as amended by 2011 PA 291, and section 29d as amended by 2020 PA 199; and to repeal acts and parts of acts.

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

Senator Hollier introduced

Senate Bill No. 1190, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending section 9 (MCL 333.27959).

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

Senator Runestad introduced

Senate Bill No. 1191, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72110a, and 72115 (MCL 324.72101, 324.72110a, and 324.72115), sections 72101 and 72115 as amended by 2016 PA 288 and section 72110a as amended by 2014 PA 213.

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

Senator Runestad introduced

Senate Bill No. 1192, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2018 PA 676.

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

Senator Stamas introduced

Senate Bill No. 1193, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 3 (MCL 15.563), as amended by 2018 PA 477.

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

Senator Victory introduced

Senate Bill No. 1194, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8F.

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

Senator Victory introduced

Senate Bill No. 1195, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2022 PA 5.

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

Recess

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

The motion prevailed, the time being 4:58 p.m.

5:15 p.m.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Chang moved that Senator Santana be excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

House Bill No. 5623, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2021 PA 116.

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

Roll Call No. 454 Yeas—34

Alexander Daley MacDonald Schmidt

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—1

Shirkey

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

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

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

Roll Call No. 455 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

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

“An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

Senate Bill No. 641, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 106c.

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

Roll Call No. 456 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

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

Senate Bill No. 1047

The motion prevailed.

Senate Bill No. 1047, entitled

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

Roll Call No. 457 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

Senate Bill No. 1143, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 113.

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

Roll Call No. 458 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

House Bill No. 6105, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609c (MCL 436.1609c), as amended by 2020 PA 126, and by adding sections 609g, 609h, 609i, and 609j.

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

Roll Call No. 459 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

The Senate agreed to the full title.

House Bill No. 6106, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 105 and 603 (MCL 436.1105 and 436.1603), as amended by 2021 PA 19.

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

Roll Call No. 460 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

The Senate agreed to the full title.

House Bill No. 6107, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609a (MCL 436.1609a), as amended by 2020 PA 119, and by adding section 609f.

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

Roll Call No. 461 Yeas—35

Alexander Daley MacDonald Shirkey

Ananich Hertel McBroom Stamas

Barrett Hollier McCann Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock Johnson Polehanki Wozniak

Bumstead LaSata Runestad Zorn

Chang Lauwers Schmidt

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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

The Senate agreed to the full title.

Senate Bill No. 938, entitled

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

Roll Call No. 462 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—13

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Hertel McCann Wojno

Brinks

Excused—3

Geiss McMorrow Santana

Not Voting—0

In The Chair: Nesbitt

By unanimous consent the Senate returned to the order of

Recess

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

The motion prevailed, the time being 5:38 p.m.

6:17 p.m.

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

Conference Reports

Senator Lauwers moved that Joint Rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill:

Senate Bill No. 842

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

Senator Stamas submitted the following:

FIRST CONFERENCE REPORT

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 842, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236c, 236h, 241, 245a, 251, 252, 256, 260, 263, 264, 265, 265a, 265b, 267, 268, 269, 270c, 274, 275f, 275h, 275i, and 278 (MCL 388.1836, 388.1836c, 388.1836h, 388.1841, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875f, 388.1875h, 388.1875i, and 388.1878), sections 236, 236c, 241, 245a, 256, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275h, 275i, and 278 as amended and section 236h as added by 2021 PA 86, sections 251 and 252 as amended by 2019 PA 162, and section 265a as amended by 2019 PA 62, and by adding sections 248, 262, 266a, and 275j; and to repeal acts and parts of acts.

Recommends:

First: That the House recede from the Substitute of the House as passed by the House.

Second: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 51a, 56, 216, 236, 236j, and 251 (MCL 388.1611, 388.1651a, 388.1656, 388.1816, 388.1836, 388.1836j, and 388.1851), sections 11, 51a, 56, 236, and 251 as amended and sections 216 and 236j as added by 2022 PA 144, and by adding sections 31c, 99j, 248, and 248a.

The people of the state of michigan enact:

Sec. 11. (1) For the fiscal year ending September 30, 2022, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $14,465,414,700.00 from the state school aid fund, the sum of $98,119,400.00 from the general fund, an amount not to exceed $72,000,000.00 from the community district education trust fund created under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed $100.00 from the water emergency reserve fund. For the fiscal year ending September 30, 2023, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $16,754,072,900.00 from the state school aid fund, the sum of ~~$112,000,000.00~~ $124,200,000.00 from the general fund, an amount not to exceed $72,000,000.00 from the community district education trust fund created under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed $140,400,000.00 from the MPSERS retirement obligation reform reserve fund created under section 147b. In addition, all available federal funds are only appropriated as allocated in this article for the fiscal ~~years~~ year ending ~~September 30, 2022 and~~ September 30, 2023.

(2) The appropriations under this section are allocated as provided in this article. Money appropriated under this section from the general fund must be expended to fund the purposes of this article before the expenditure of money appropriated under this section from the state school aid fund.

(3) Any general fund allocations under this article that are not expended by the end of the fiscal year are transferred to the school aid stabilization fund created under section 11a.

Sec. 31c. (1) Subject to subsection (6), from the general fund money appropriated in section 11, there is allocated $12,000,000.00 for 2022-2023 to an eligible vendor to, subject to subsections (3), (4), and (5), provide literacy tutoring services and enrichment programs to districts or intermediate districts or both districts and intermediate districts.

(2) Except as otherwise provided in this section, to receive money under this section, an eligible vendor must apply for the money in a form and manner prescribed by the department. In its application described in this subsection, the eligible vendor must pledge to, subject to subsections (3) and (4), use the money it receives under this section to provide literacy tutoring services and enrichment programs to districts or intermediate districts or both districts and intermediate districts for the 2022-2023, 2023-2024, and 2024-2025 fiscal years.

(3) An eligible vendor that receives money under this section shall ensure that, at a minimum, all of the following criteria apply to the literacy tutoring services provided as described in subsection (1):

(a) The services include the provision of assessments that, with the advice of the district or intermediate district receiving the services, includes the identification of students for participation in individualized literacy intervention programs.

(b) The services include certified testers who assess students pre- and postintervention through the literacy tutoring services described in this subsection and the provision of a literacy prescription for students.

(c) The services include reading tutors who are trained in 1 or more methods that are adapted for students’ individual literacy prescriptions as described in subdivision (b).

(d) Each tutor provided through the services must provide 1-on-1 reading tutoring 1 hour each day, 5 times each week for the duration the tutor is to provide services to a student as prescribed in the student’s individual literacy prescription as described in subdivision (b).

(e) Through the services, based on each student’s individual literacy prescription as described in subdivision (b), each student must participate in either or both of the following:

(i) Intervention in 1 or more of the following areas:

(A) Foundational phonemic awareness.

(B) Multisensory structured literacy.

(C) Upper morphology, vocabulary, and comprehension.

(ii) Reading and writing programs focused on college and career readiness. The programs described in this subparagraph must be made available only to students enrolled in high school. As used in this subparagraph, “high school” means a school that offers at least 1 of grades 9 to 12.

(4) An eligible vendor that receives money under this section shall ensure that, at a minimum, all of the following criteria apply to the enrichment programs provided as described in subsection (1):

(a) The programs include, for students enrolled in any of grades K to 6, a publishing center that helps students write and edit original stories that are bound into hardcover books.

(b) The programs include, for students enrolled in any of grades 7 to 12, a variety of fun opportunities to improve writing skills using the fundamental principles of essay writing.

(c) The programs include lessons about master artists that cover the topics of history, geography, and artistic techniques as applicable to those master artists and that students can utilize in a variety of projects.

(d) The programs provide for international art and writing opportunities that allow school children from around the world to creatively express their interpretation of the year’s theme through paintings or writing essays that are shared with other participants.

(5) An eligible vendor that receives money under this section shall use the money to, subject to subsections (3) and (4), provide literacy tutoring services and enrichment programs to districts or intermediate districts or both districts and intermediate districts as required under subsection (1) for the 2022-2023, 2023-2024, and 2024-2025 fiscal years.

(6) All of the following criteria apply to payments of money allocated under subsection (1):

(a) The department may make payments to the eligible vendor in an amount not to exceed 1/3 of the amount allocated in subsection (1) for services described in subsection (3) and programs described in subsection (4) provided to the first 1,000 students served by the eligible vendor that receives money under this section.

(b) The department shall make subsequent payments, in addition to the payments described in subdivision (a), or, if payments are not made as described in subdivision (a), all payments, to the eligible vendor for services described in subsection (3) and programs described in subsection (4) based on the number of students served in addition to the students served as described in subdivision (a), or, if payments are not made as described in subdivision (a), based on the number of students served, in a manner determined by the department.

(7) By not later than September 30, 2025, the eligible vendor that receives money under this section shall provide a report to the house and senate subcommittees on K to 12 school aid, the house and senate fiscal agencies, and the state budget director, concerning the reading readiness outcomes for students that received services with money received by the eligible vendor under this section. The report described in this subsection must include aggregated results from pre- and postassessments of reading readiness, best practices for implementing similar services and programs statewide to the services and programs implemented by the eligible vendor, and identifications of barriers to the successful implementation of the services provided by the eligible vendor to students with money received under this section.

(8) The funds allocated under this section for 2022-2023 are a work project appropriation, and any unexpended funds for 2022-2023 are carried forward into 2023-2024. The purpose of the work project is to continue the support of the implementation of literacy tutoring services and enrichment programs described in this section. The estimated completion date of the work project is September 30, 2025.

(9) As used in this section, “eligible vendor” means a vendor to which both of the following apply:

(a) It provides literacy tutoring services that meet the criteria described in subsection (3) and enrichment programs that meet the criteria described in subsection (4).

(b) It meets both of the following:

(i) In its application described in subsection (2), it has submitted to the department an implementation plan that includes, at a minimum, all of the following:

(A) An identification of at least 3 geographically diverse districts that will receive services from money received under this section.

(B) A plan to serve at least 3,000 students from the 2022-2023 fiscal year to the 2024-2025 fiscal year with services from money received under this section.

(C) Methods to collect and report to the department pre- and postassessments of reading readiness by students receiving services from money received under this section.

(D) A plan to provide data-based outcome metrics to the department in a form, time frame, and manner determined by the department.

(ii) The department has approved the implementation plan described in subparagraph (i).

Sec. 51a. (1) From the state school aid fund money in section 11, there is allocated an amount not to exceed $1,089,096,100.00 for 2021-2022 and there is allocated an amount not to exceed $1,460,503,100.00 for 2022-2023 from state sources and all available federal funding under sections 1411 to 1419 of part B of the individuals with disabilities education act, 20 USC 1411 to 1419, estimated at $380,000,000.00 for 2021-2022 and $390,000,000.00 for 2022-2023, plus any carryover federal funds from previous year appropriations. The allocations under this subsection are for the purpose of reimbursing districts and intermediate districts for special education programs, services, and special education personnel as prescribed in article 3 of the revised school code, MCL 380.1701 to 380.1761; net tuition payments made by intermediate districts to the Michigan Schools for the Deaf and Blind; and special education programs and services for pupils who are eligible for special education programs and services according to statute or rule. For meeting the costs of special education programs and services not reimbursed under this article, a district or intermediate district may use money in general funds or special education funds, not otherwise restricted, or contributions from districts to intermediate districts, tuition payments, gifts and contributions from individuals or other entities, or federal funds that may be available for this purpose, as determined by the intermediate district plan prepared under article 3 of the revised school code, MCL 380.1701 to 380.1761. Notwithstanding section 17b, the department shall make payments of federal funds to districts, intermediate districts, and other eligible entities under this section on a schedule determined by the department.

(2) From the funds allocated under subsection (1), there is allocated the amount necessary, estimated at $311,800,000.00 for 2021-2022 and estimated at $323,300,000.00 for 2022-2023, for payments toward reimbursing districts and intermediate districts for 28.6138% of total approved costs of special education, excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of special education transportation. Allocations under this subsection are made as follows:

(a) For 2021-2022, the department shall calculate the initial amount allocated to a district under this subsection toward fulfilling the specified percentages by multiplying the district’s special education pupil membership, excluding pupils described in subsection (11), times the foundation allowance under section 20 of the pupil’s district of residence, plus the amount of the district’s per-pupil allocation under section 20m, not to exceed the target foundation allowance for the current fiscal year, or, for a special education pupil in membership in a district that is a public school academy, times an amount equal to the amount per membership pupil calculated under section 20(6). For an intermediate district, the amount allocated under this subdivision toward fulfilling the specified percentages is an amount per special education membership pupil, excluding pupils described in subsection (11), and is calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the target foundation allowance for the current fiscal year, and that district’s per-pupil allocation under section 20m.

(b) For 2022-2023, the department shall calculate the initial amount allocated to a district under this subsection toward fulfilling the specified percentages by multiplying the district’s special education pupil membership, excluding pupils described in subsection (11), times 25% of the foundation allowance under section 20 of the pupil’s district of residence, plus 25% of the amount of the district’s per-pupil allocation under section 20m, not to exceed 25% of the target foundation allowance for the current fiscal year, or, for a special education pupil in membership in a district that is a public school academy, times an amount equal to 25% of the amount per membership pupil calculated under section 20(6). For an intermediate district, the amount allocated under this subdivision toward fulfilling the specified percentages is an amount per special education membership pupil, excluding pupils described in subsection (11), and is calculated in the same manner as for a district, using 25% of the foundation allowance under section 20 of the pupil’s district of residence, not to exceed 25% of the target foundation allowance for the current fiscal year, and that district’s per-pupil allocation under section 20m.

(c) After the allocations under subdivision (a) or (b), as applicable, the department shall pay a district or intermediate district for which the payments calculated under subdivision (a) or (b), as applicable, do not fulfill the specified percentages the amount necessary to achieve the specified percentages for the district or intermediate district.

(3) From the funds allocated under subsection (1), there is allocated for 2021-2022 an amount not to exceed $1,000,000.00 and there is allocated for 2022-2023 an amount not to exceed $1,000,000.00 to make payments to districts and intermediate districts under this subsection. If the amount ~~, for 2021-2022,~~ allocated to a district or intermediate district for the fiscal year under subsection (2)(c) or, for 2022-2023, the amount, equal to the amount necessary to fulfill the specified percentages minus (the sum of the amounts calculated under subsection (2)(a) plus the amount received under section 51e), is less than the sum of the amounts allocated to the district or intermediate district for 1996-97 under sections 52 and 58, there is allocated to the district or intermediate district for the fiscal year an amount equal to that difference, adjusted by applying the same proration factor that was used in the distribution of funds under section 52 in 1996-97 as adjusted to the district’s or intermediate district’s necessary costs of special education used in calculations for the fiscal year. This adjustment is to reflect reductions in special education program operations or services between 1996-97 and subsequent fiscal years. The department shall make adjustments for reductions in special education program operations or services in a manner determined by the department and shall include adjustments for program or service shifts.

(4) If the department determines that the sum of the amounts allocated for a fiscal year to a district or intermediate district under subsection ~~(2)(a) and (b)~~ (2) is not sufficient to fulfill the specified percentages in subsection (2), then the department shall pay the shortfall to the district or intermediate district during the fiscal year beginning on the October 1 following the determination and shall adjust payments under subsection (3) as necessary. If the department determines that the sum of the amounts allocated for a fiscal year to a district or intermediate district under subsection ~~(2)(a) and (b)~~ (2) exceeds the sum of the amount necessary to fulfill the specified percentages in subsection (2), then the department shall deduct the amount of the excess from the district’s or intermediate district’s payments under this article for the fiscal year beginning on the October 1 following the determination and shall adjust payments under subsection (3) as necessary. However, for 2021-2022 only, if the amount allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill the specified percentages in subsection (2), there is no deduction under this subsection. Beginning in 2022-2023, if the amount allocated under subsection (2)(b) in itself exceeds the amount necessary to fulfill the specified percentages in subsection (2), there is no deduction under this subsection.

(5) State funds are allocated on a total approved cost basis. Federal funds are allocated under applicable federal requirements.

(6) From the amount allocated in subsection (1), there is allocated an amount not to exceed $2,200,000.00 for 2021-2022 and there is allocated an amount not to exceed $2,200,000.00 for 2022-2023 to reimburse 100% of the net increase in necessary costs incurred by a district or intermediate district in implementing the revisions in the administrative rules for special education that became effective on July 1, 1987. As used in this subsection, “net increase in necessary costs” means the necessary additional costs incurred solely because of new or revised requirements in the administrative rules minus cost savings permitted in implementing the revised rules. The department shall determine net increase in necessary costs in a manner specified by the department.

(7) For purposes of this section and sections 51b to 58, all of the following apply:

(a) “Total approved costs of special education” are determined in a manner specified by the department and may include indirect costs, but must not exceed 115% of approved direct costs for section 52 and section 53a programs. The total approved costs include salary and other compensation for all approved special education personnel for the program, including payments for Social Security and Medicare and public school employee retirement system contributions. The total approved costs do not include salaries or other compensation paid to administrative personnel who are not special education personnel as that term is defined in section 6 of the revised school code, MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included in the allocation made under this article, are not included. Special education approved personnel not utilized full time in the evaluation of students or in the delivery of special education programs, ancillary, and other related services are reimbursed under this section only for that portion of time actually spent providing these programs and services, with the exception of special education programs and services provided to youth placed in child caring institutions or juvenile detention programs approved by the department to provide an on-grounds education program.

(b) A district or intermediate district that employed special education support services staff to provide special education support services in 2003-2004 or in a subsequent fiscal year and that in a fiscal year after 2003-2004 receives the same type of support services from another district or intermediate district shall report the cost of those support services for special education reimbursement purposes under this article. This subdivision does not prohibit the transfer of special education classroom teachers and special education classroom aides if the pupils counted in membership associated with those special education classroom teachers and special education classroom aides are transferred and counted in membership in the other district or intermediate district in conjunction with the transfer of those teachers and aides.

(c) If the department determines before bookclosing for a fiscal year that the amounts allocated for that fiscal year under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56 will exceed expenditures for that fiscal year under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a district or intermediate district whose reimbursement for that fiscal year would otherwise be affected by subdivision (b), subdivision (b) does not apply to the calculation of the reimbursement for that district or intermediate district and the department shall calculate reimbursement for that district or intermediate district in the same manner as it was for 2003-2004. If the amount of the excess allocations under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56 is not sufficient to fully fund the calculation of reimbursement to those districts and intermediate districts under this subdivision, then the department shall prorate calculations and resulting reimbursement under this subdivision on an equal percentage basis. The amount of reimbursement under this subdivision for a fiscal year must not exceed $2,000,000.00 for any district or intermediate district.

(d) Reimbursement for ancillary and other related services, as that term is defined by R 340.1701c of the Michigan Administrative Code, is not provided when those services are covered by and available through private group health insurance carriers or federal reimbursed program sources unless the department and district or intermediate district agree otherwise and that agreement is approved by the state budget director. Expenses, other than the incidental expense of filing, must not be borne by the parent. In addition, the filing of claims must not delay the education of a pupil. A district or intermediate district is responsible for payment of a deductible amount and for an advance payment required until the time a claim is paid.

(e) If an intermediate district purchases a special education pupil transportation service from a constituent district that was previously purchased from a private entity; if the purchase from the constituent district is at a lower cost, adjusted for changes in fuel costs; and if the cost shift from the intermediate district to the constituent does not result in any net change in the revenue the constituent district receives from payments under sections 22b and 51c, then upon application by the intermediate district, the department shall direct the intermediate district to continue to report the cost associated with the specific identified special education pupil transportation service and shall adjust the costs reported by the constituent district to remove the cost associated with that specific service.

(8) A pupil who is enrolled in a full-time special education program conducted or administered by an intermediate district or a pupil who is enrolled in the Michigan Schools for the Deaf and Blind is not included in the membership count of a district, but is counted in membership in the intermediate district of residence.

(9) Special education personnel transferred from 1 district to another to implement the revised school code are entitled to the rights, benefits, and tenure to which the individual would otherwise be entitled had that individual been employed by the receiving district originally.

(10) If a district or intermediate district uses money received under this section for a purpose other than the purpose or purposes for which the money is allocated, the department may require the district or intermediate district to refund the amount of money received. The department shall deposit money that is refunded in the state treasury to the credit of the state school aid fund.

(11) From the funds allocated in subsection (1), there is allocated the amount necessary, estimated at $1,500,000.00 for 2021-2022 and estimated at $1,500,000.00 for 2022-2023, to pay the foundation allowances for pupils described in this subsection. The department shall calculate the allocation to a district under this subsection by multiplying the number of pupils described in this subsection who are counted in membership in the district times the sum of the foundation allowance under section 20 of the pupil’s district of residence, plus the amount of the district’s per-pupil allocation under section 20m, not to exceed the target foundation allowance for the current fiscal year, or, for a pupil described in this subsection who is counted in membership in a district that is a public school academy, times an amount equal to the amount per membership pupil under section 20(6). The department shall calculate the allocation to an intermediate district under this subsection in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence not to exceed the target foundation allowance for the current fiscal year and that district’s per-pupil allocation under section 20m. This subsection applies to all of the following pupils:

(a) Pupils described in section 53a.

(b) Pupils counted in membership in an intermediate district who are not special education pupils and are served by the intermediate district in a juvenile detention or child caring facility.

(c) Pupils with an emotional impairment counted in membership by an intermediate district and provided educational services by the department of health and human services.

(12) If it is determined that funds allocated under subsection (2) or (11) or under section 51c will not be expended, funds up to the amount necessary and available may be used to supplement the allocations under subsection (2) or (11) or under section 51c in order to fully fund those allocations. After payments under subsections (2) and (11) and section 51c, the department shall expend the remaining funds from the allocation in subsection (1) in the following order:

(a) One hundred percent of the reimbursement required under section 53a.

(b) One hundred percent of the reimbursement required under subsection (6).

(d) One hundred percent of the payment required under subsection (3).

(e) One hundred percent of the payments under section 56.

(13) The allocations under subsections (2), (3), and (11) are allocations to intermediate districts only and are not allocations to districts, but instead are calculations used only to determine the state payments under section 22b.

(14) If a public school academy that is not a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, enrolls under this section a pupil who resides outside of the intermediate district in which the public school academy is located and who is eligible for special education programs and services according to statute or rule, or who is a child with a disability, as that term is defined under the individuals with disabilities education act, Public Law 108-446, the intermediate district in which the public school academy is located and the public school academy shall enter into a written agreement with the intermediate district in which the pupil resides for the purpose of providing the pupil with a free appropriate public education, and the written agreement must include at least an agreement on the responsibility for the payment of the added costs of special education programs and services for the pupil. If the public school academy that enrolls the pupil does not enter into an agreement under this subsection, the public school academy shall not charge the pupil’s resident intermediate district or the intermediate district in which the public school academy is located the added costs of special education programs and services for the pupil, and the public school academy is not eligible for any payouts based on the funding formula outlined in the resident or nonresident intermediate district’s plan. If a pupil is not enrolled in a public school academy under this subsection, the provision of special education programs and services and the payment of the added costs of special education programs and services for a pupil described in this subsection are the responsibility of the district and intermediate district in which the pupil resides.

(15) For the purpose of receiving its federal allocation under part B of the individuals with disabilities education act, Public Law 108-446, a public school academy that is a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a, directly receives the federal allocation under part B of the individuals with disabilities education act, Public Law 108-446, from the intermediate district in which the cyber school is located, as the subrecipient. If the intermediate district does not distribute the funds described in this subsection to the cyber school by the part B application due date of July 1, the department may distribute the funds described in this subsection directly to the cyber school according to the formula prescribed in 34 CFR 300.705 and 34 CFR 300.816. Beginning July 1, 2021, this subsection is subject to section 8c. It is the intent of the legislature that the immediately preceding sentence apply retroactively and is effective July 1, 2021.

(16) For a public school academy that is a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a, that enrolls a pupil under this section, the intermediate district in which the cyber school is located shall ensure that the cyber school complies with sections 1701a, 1703, 1704, 1751, 1752, 1756, and 1757 of the revised school code, MCL 380.1701a, 380.1703, 380.1704, 380.1751, 380.1752, 380.1756, and 380.1757; applicable rules; and the individuals with disabilities education act, Public Law 108-446. Beginning July 1, 2021, this subsection is subject to section 8c. It is the intent of the legislature that the immediately preceding sentence apply retroactively and is effective July 1, 2021.

(17) For the purposes of this section, the department or the center shall only require a district or intermediate district to report information that is not already available from the financial information database maintained by the center.

Sec. 56. (1) For the purposes of this section:

(a) “Membership” means for a particular fiscal year the total membership of the intermediate district and the districts constituent to the intermediate district, except that if a district has elected not to come under part 30 of the revised school code, MCL 380.1711 to 380.1741, membership of the district is not included in the membership of the intermediate district.

(b) “Millage levied” means the millage levied for special education under part 30 of the revised school code, MCL 380.1711 to 380.1741, including a levy for debt service obligations.

(c) “Taxable value” means the total taxable value of the districts constituent to an intermediate district, except that if a district has elected not to come under part 30 of the revised school code, MCL 380.1711 to 380.1741, taxable value of the district is not included in the taxable value of the intermediate district.

(2) From the allocation under section 51a(1), there is allocated an amount not to exceed $40,008,100.00 for 2021-2022 and an amount not to exceed $40,008,100.00 for 2022-2023 to reimburse intermediate districts levying millages for special education under part 30 of the revised school code, MCL 380.1711 to 380.1741. The purpose, use, and expenditure of the reimbursement are limited as if the funds were generated by these millages and governed by the intermediate district plan adopted under article 3 of the revised school code, MCL 380.1701 to 380.1761. As a condition of receiving funds under this section, an intermediate district distributing any portion of special education millage funds to its constituent districts must submit for departmental approval and implement a distribution plan.

(3) Except as otherwise provided in this subsection, reimbursement for those millages levied in 2020-2021 is made in 2021-2022 at an amount per 2020-2021 membership pupil computed by subtracting from $218,200.00 the 2020-2021 taxable value behind each membership pupil and multiplying the resulting difference by the 2020-2021 millage levied, and then subtracting from that amount the 2020-2021 local community stabilization share revenue for special education purposes behind each membership pupil for reimbursement of personal property exemption loss under the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362. Reimbursement in 2021-2022 for an intermediate district whose 2017-2018 allocation was affected by the operation of subsection (5) is an amount equal to 102.5% of the 2017-2018 allocation to that intermediate district.

(4) Except as otherwise provided in this subsection, reimbursement for those millages levied in 2021-2022 is made in 2022-2023 at an amount per 2021-2022 membership pupil computed by subtracting from $229,600.00 the 2021-2022 taxable value behind each membership pupil and multiplying the resulting difference by the 2021-2022 millage levied, and then subtracting from that amount the 2021-2022 local community stabilization share revenue for special education purposes and 2021-2022 tax increment revenues captured by a brownfield redevelopment authority created under the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670, behind each membership pupil for reimbursement of personal property exemption loss under the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362, and reimbursements paid under section 26d for tax increment revenues captured by a brownfield redevelopment authority under the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670. Reimbursement in 2022-2023 for an intermediate district whose 2017-2018 allocation was affected by the operation of subsection (5) is an amount equal to 102.5% of the 2017-2018 allocation to that intermediate district.

(5) The department shall ensure that the amount paid to a single intermediate district under subsection (2) does not exceed 62.9% of the total amount allocated under subsection (2).

(6) The department shall ensure that the amount paid to a single intermediate district under subsection (2) is not less than 75% of the amount allocated to the intermediate district under subsection (2) for the immediately preceding fiscal year.

(7) From the allocation under section 51a(1), there is allocated an amount not to exceed $34,200,000.00 for 2021-2022 and an amount not to exceed $34,200,000.00 for 2022-2023, to provide payments to intermediate districts levying millages for special education under part 30 of the revised school code, MCL 380.1711 to 380.1741. The purpose, use, and expenditure of the payments under this subsection are limited as if the funds were generated by these millages and governed by the intermediate district plan adopted under article 3 of the revised school code, MCL 380.1701 to 380.1761. The department shall provide a payment under this subsection to each intermediate district described in this subsection as follows:

(a) ~~Except~~ For 2021-2022, except as otherwise provided in this subsection, for an intermediate district with a 3-year average special education millage revenue per pupil in the immediately preceding fiscal year that is less than $251.00 and that is levying at least 46.2% but less than 60.0% of its maximum millage rate allowed under section 1724a of the revised school code, MCL 380.1724a, an amount computed by subtracting from $251.00 the 3-year average special education millage revenue per pupil in the immediately preceding fiscal year and, only if the millage levied by the intermediate district is less than 1, multiplying that amount by the number of mills levied divided by 1, and then multiplying that amount by the 3-year average membership in the immediately preceding fiscal year, and then subtracting from that amount the amount allocated under subsection (2) for the current fiscal year. If the calculation under this subdivision results in an amount below zero, there is no payment under this subdivision.

(b) ~~Except~~ For 2021-2022, except as otherwise provided in this subsection, for an intermediate district with a 3-year average special education millage revenue per pupil in the immediately preceding fiscal year that is less than ~~$296.00~~ $281.00 and that is levying at least 60.0% of its maximum millage rate allowed under section 1724a of the revised school code, MCL 380.1724a, an amount computed by subtracting from $281.00 the 3-year average special education millage revenue per pupil in the immediately preceding fiscal year, and, only if the millage levied by the intermediate district is less than 1, multiplying that amount by the number of mills levied divided by 1, and then multiplying that amount by the 3-year average membership in the immediately preceding fiscal year, and then subtracting from that amount the amount allocated under subsection (2) for the current fiscal year. If the calculation under this subdivision results in an amount below zero, there is no payment under this subdivision.

(c) For 2022-2023, except as otherwise provided in this subsection, for an intermediate district with a 3-year average special education millage revenue per pupil in the immediately preceding fiscal year that is less than $251.00 and that is levying at least 46.2% but less than 60.0% of its maximum millage rate allowed under section 1724a of the revised school code, MCL 380.1724a, an amount computed by subtracting from $251.00 the 3-year average special education millage revenue per pupil in the immediately preceding fiscal year and, only if the millage levied by the intermediate district is less than 1, multiplying that amount by the number of mills levied divided by 1, and then multiplying that amount by the 3-year average membership in the immediately preceding fiscal year, and then subtracting from that amount the amount allocated under subsection (2) for the current fiscal year. If the calculation under this subdivision results in an amount below zero, there is no payment under this subdivision.

(d) For 2022-2023, except as otherwise provided in this subsection, for an intermediate district with a 3-year average special education millage revenue per pupil in the immediately preceding fiscal year that is less than $296.00 and that is levying at least 60.0% of its maximum millage rate allowed under section 1724a of the revised school code, MCL 380.1724a, an amount computed by subtracting from $296.00 the 3-year average special education millage revenue per pupil in the immediately preceding fiscal year, and, only if the millage levied by the intermediate district is less than 1, multiplying that amount by the number of mills levied divided by 1, and then multiplying that amount by the 3-year average membership in the immediately preceding fiscal year, and then subtracting from that amount the amount allocated under subsection (2) for the current fiscal year. If the calculation under this subdivision results in an amount below zero, there is no payment under this subdivision.

(8) As used in subsection (7):

(a) “3-year average membership” means the 3-year average pupil membership for each of the 3 most recent fiscal years.

(b) “3-year average special education millage revenue per pupil” means the 3-year average taxable value per mill levied behind each membership pupil for each of the 3 most recent fiscal years multiplied by the millage levied in the most recent fiscal year.

Sec. 99j. (1) Subject to subsection (2), from the general fund money appropriated in section 11, there is allocated an amount not to exceed $200,000.00 for 2022-2023 only for a grant to Square One, the vendor that provides STEM learning opportunities for teachers and students, to host robotics programs and competitions for students in public schools and nonpublic schools who are enrolled in grades K to 12 to expand those students’ opportunities to improve their mathematics, science, and technology skills.

(2) Square One must receive the funding allocated under subsection (1) even if it receives funding under section 99h.

Sec. 216. (1) ~~The~~ Except as otherwise provided in section 248a(3)(f)(iv), funds appropriated in section 201(7) for the Michigan reconnect grant program short-term training grants must be used to expand the Michigan reconnect grant program short-term training grants to include eligible students who are at least 21 years old. The funds appropriated in section 201(7) must be expended to award grants, administer the program, and support the duties outlined in section 21 of the Michigan reconnect grant recipient act, 2020 PA 68, MCL 390.1721.

(2) Federal funds appropriated in section 201(7) must be allocated and expended in a manner consistent with federal rules and regulations.

(3) The department of labor and economic opportunity must report on the status of funds appropriated in section 201(7), and all funds appropriated related to the coronavirus relief effort, to the house and senate appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the state budget director on a quarterly basis until all funds are exhausted.

(4) Any unexpended and unencumbered funds remaining on September 30, 2023 from the amounts appropriated in section 201(7) for the Michigan reconnect grant program short-term training grants for fiscal year 2022-2023 do not lapse on September 30, 2023 but continue to be available for the purposes described in subsection (1) in the 2023-2024 and 2024-2025 fiscal years under a work project account. The use of these unexpended fiscal year 2022-2023 funds under this subsection terminates at the end of the 2024-2025 fiscal year.

Sec. 236. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for higher education for the fiscal year ending September 30, 2023, from the funds indicated in this section. The following is a summary of the appropriations in this section and section 236j:

(a) The gross appropriation is ~~$2,022,135,700.00.~~ $2,016,635,700.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is ~~$2,022,135,700.00.~~$2,016,635,700.00.

(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:

(i) Total federal revenues, $128,526,400.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, $347,888,300.00.

(v) State general fund/general purpose money, ~~$1,545,721,000.00.~~$1,540,221,000.00.

(c) The totals and subtotals reflected in subdivisions (a) and (b) do not include amounts appropriated under subsection (7)(f) or (8)(c) to avoid duplicating totals of amounts appropriated in this section and section 236j.

(2) Amounts appropriated for public universities are as follows:

(a) The appropriation for Central Michigan University is $91,145,100.00, $87,600,000.00 for operations, $0.00 for per-student floor funding, $1,752,000.00 for operations increase, and $1,793,100.00 for costs incurred under the North American Indian tuition waiver.

(b) The appropriation for Eastern Michigan University is $79,152,400.00, $77,253,700.00 for operations, $0.00 for per-student floor funding, $1,545,100.00 for operations increase, and $353,600.00 for costs incurred under the North American Indian tuition waiver.

(c) The appropriation for Ferris State University is $56,952,900.00, $55,025,500.00 for operations, $0.00 for per-student floor funding, $1,100,500.00 for operations increase, and $826,900.00 for costs incurred under the North American Indian tuition waiver.

(d) The appropriation for Grand Valley State University is $81,253,800.00, $72,313,500.00 for operations, $7,661,000.00 for per-student floor funding, $0.00 for operations increase, and $1,279,300.00 for costs incurred under the North American Indian tuition waiver.

(e) The appropriation for Lake Superior State University is $14,361,900.00, $13,307,000.00 for operations, $0.00 for per-student floor funding, $266,100.00 for operations increase, and $788,800.00 for costs incurred under the North American Indian tuition waiver.

(f) The appropriation for Michigan State University is $372,054,800.00, $287,331,700.00 for operations, $0.00 for per-student floor funding, $14,349,600.00 for operations increase, $2,046,400.00 for costs incurred under the North American Indian tuition waiver, $36,684,200.00 for MSU AgBioResearch, and $31,642,900.00 for MSU Extension.

(g) The appropriation for Michigan Technological University is $51,951,000.00, $50,101,600.00 for operations, $0.00 for per-student floor funding, $1,002,000.00 for operations increase, and $847,400.00 for costs incurred under the North American Indian tuition waiver.

(h) The appropriation for Northern Michigan University is $50,751,100.00, $47,809,100.00 for operations, $0.00 for per-student floor funding, $1,780,700.00 for operations increase, and $1,161,300.00 for costs incurred under the North American Indian tuition waiver.

(i) The appropriation for Oakland University is $60,761,900.00, $53,147,400.00 for operations, $7,259,200.00 for per-student floor funding, $0.00 for operations increase, and $355,300.00 for costs incurred under the North American Indian tuition waiver.

(j) The appropriation for Saginaw Valley State University is $32,274,600.00, $30,583,800.00 for operations, $132,900.00 for per-student floor funding, $1,369,600.00 for operations increase, and $188,300.00 for costs incurred under the North American Indian tuition waiver.

(k) The appropriation for University of Michigan – Ann Arbor is $339,198,000.00, $321,970,100.00 for operations, $0.00 for per-student floor funding, $16,390,200.00 for operations increase, and $837,700.00 for costs incurred under the North American Indian tuition waiver.

(l) The appropriation for University of Michigan – Dearborn is $28,115,900.00, $26,167,000.00 for operations, $1,702,700.00 for per-student floor funding, $0.00 for operations increase, and $246,200.00 for costs incurred under the North American Indian tuition waiver.

(m) The appropriation for University of Michigan – Flint is $25,159,200.00, $23,616,200.00 for operations, $953,900.00 for per-student floor funding, $204,700.00 for operations increase, and $384,400.00 for costs incurred under the North American Indian tuition waiver.

(n) The appropriation for Wayne State University is $213,639,700.00, $202,996,700.00 for operations, $0.00 for per-student floor funding, $10,289,900.00 for operations increase, and $353,100.00 for costs incurred under the North American Indian tuition waiver.

(o) The appropriation for Western Michigan University is $114,351,900.00, $111,522,200.00 for operations, $0.00 for per-student floor funding, $2,230,400.00 for operations increase, and $599,300.00 for costs incurred under the North American Indian tuition waiver.

(3) The amount appropriated in subsection (2) for public universities is $1,611,124,200.00, appropriated from the following:

(a) State school aid fund, $343,168,300.00.

(b) State general fund/general purpose money, ~~$1,297,955,900.00.~~$1,267,955,900.00.

(4) The amount appropriated for Michigan public school employees’ retirement system reimbursement is $70,000.00, appropriated from the state school aid fund.

(5) The amount appropriated for state and regional programs is $316,800.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Higher education database modernization and conversion, $200,000.00.

(b) Midwestern Higher Education Compact, $116,800.00.

(6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Select student support services, $1,956,100.00.

(b) Michigan college/university partnership program, $586,800.00.

(7) Subject to subsection (8), the amount appropriated for grants and financial aid is ~~$147,783,200.00,~~ $397,783,200.00, allocated as follows:

(a) State competitive scholarships, $29,861,700.00.

(b) Tuition grants, $42,021,500.00.

(d) Children of veterans and officer’s survivor tuition grant programs, $1,400,000.00.

(e) Project GEAR-UP, $3,200,000.00.

(f) Michigan achievement scholarships, $250,000,000.00. From this amount, up to $10,000,000.00 may be used to award skills scholarships under section 248a.

(8) The money appropriated in subsection (7) for grants and financial aid is appropriated from the following:

(a) Federal revenues under the United States Department of Education, Office of Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.

(b) Federal revenues under the social security act, temporary assistance for needy families, $125,326,400.00.

(c) Postsecondary scholarship fund, $250,000,000.00.

(d) ~~(c)~~ State general fund/general purpose money, $19,256,800.00.

(9) For fiscal year 2022-2023 only, in addition to the allocation under subsection (4), from the appropriations described in subsection (1), there is allocated an amount not to exceed $4,650,000.00 for payments to participating public universities, appropriated from the state school aid fund. A university that receives money under this subsection shall use that money solely for the purpose of offsetting the normal cost contribution rate. As used in this subsection, “participating public universities” means public universities that are a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan public school employees’ retirement system for the state fiscal year.

Sec. 236j. (1) The postsecondary scholarship fund is created in the department of treasury for the purpose of providing scholarship awards to eligible students who attend eligible postsecondary educational institutions in this state, as provided in subsection (5).

(2) The state treasurer may receive money or other assets from any source for deposit into the postsecondary scholarship fund. The state treasurer shall direct the investment of the postsecondary scholarship fund. The state treasurer shall credit to the postsecondary scholarship fund interest and earnings from postsecondary scholarship fund investments.

(3) Except as otherwise provided in subsection (5)(c), money in the postsecondary scholarship fund at the close of the fiscal year must remain in the postsecondary scholarship fund and not lapse to the general fund.

(4) The department of treasury shall be the administrator of the postsecondary scholarship fund for auditing purposes.

(5) The expenditure of money from the postsecondary scholarship fund is subject to all of the following:

(a) Money must be expended from the postsecondary scholarship fund only for the purpose of providing scholarship awards to eligible students who attend eligible postsecondary educational institutions in this state.

(b) Criteria for student and institutional eligibility under subdivision (a), along with all other program requirements, must be established pursuant to a postsecondary scholarship program enacted into the law of this state that is effective by not later than September 30, 2023.

(c) If a postsecondary scholarship program is not enacted into law with an effective date as described in subdivision (b), money in the postsecondary scholarship fund must remain in the postsecondary scholarship fund and not lapse to the general fund.

(6) For the fiscal year ending September 30, 2023, $250,000,000.00 is deposited into the postsecondary scholarship fund from the state general fund/general purpose money.

(7) It is the intent of the legislature that the postsecondary scholarship fund serves as the primary funding source of the Michigan achievement scholarship. To ensure the Michigan achievement scholarship provides ongoing supports for students, it is the intent of the legislature to increase annual deposits into the postsecondary scholarship fund by $50,000,000.00 per year until the fully implemented costs of the Michigan achievement scholarship are deposited annually into the postsecondary scholarship fund.

Sec. 248. (1) The funds appropriated in section 236 for Michigan achievement scholarships must be distributed as provided in this section and section 248a, pursuant to the administrative procedures for Michigan achievement scholarships of the department.

(2) As used in this section:

(a) “Department” means the department of treasury.

(b) “Eligible institution” means a public university that receives an appropriation in section 236, a community college that receives an appropriation in section 201, a federally recognized tribal college in this state, or an independent nonprofit college or university in this state as described in section 1 of 1966 PA 313, MCL 390.991.

(c) “Gift aid” includes federal Pell grants under 20 USC 1070a, tuition incentive program benefits under section 256, state tuition grants under section 252, awards received for minimum payments awarded in subsection (4), higher education expenses paid under the Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, and all other federal, state, local, or institutional aid in the form of grants, scholarships, or discounts applied toward tuition and mandatory fees. Gift aid does not include student loans, work-study awards, qualified withdrawals made from education savings accounts to pay higher education expenses pursuant to the Michigan education savings program act, 2000 PA 161, MCL 390.1471 to 390.1486, or higher education expenses paid under the Michigan education trust program pursuant to the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442.

(d) “High school equivalency certificate” means that term as defined in section 4.

(3) An individual must meet all of the following criteria and financial thresholds each year to be eligible for a Michigan achievement scholarship awarded under this section:

(a) Be a resident of this state for at least the immediately preceding year.

(b) Have graduated from high school in this state with a diploma or certificate of completion or achieved a high school equivalency certificate in 2023 or after.

(c) Be a full-time undergraduate student at an eligible institution, as defined by that eligible institution, and be a first-time enrollee in an eligible institution during the 2023-2024 academic year, or a subsequent academic year, within 15 months after high school graduation or attainment of a high school equivalency certificate or have received a Michigan achievement scholarship in a previous academic year. For the purposes of this subdivision, participation in a dual enrollment, early college, or other similar program while attending high school does not disqualify a student from being considered a first-time enrollee.

(d) Maintain satisfactory academic progress, as defined by the eligible institution in which the student is enrolled.

(e) Not be incarcerated in a corrections institution.

(f) Not be in default on a federal student loan.

(g) Timely complete the Free Application for Federal Student Aid and have an expected family contribution of $25,000.00 or less.

(h) Timely apply for all available gift aid for each academic year in which the individual applies for a Michigan achievement scholarship.

(4) Michigan achievement scholarships are subject to all of the following:

(a) Subject to section 248a(3)(f)(i), an eligible student may receive an award under this section or section 248a for a maximum of 5 academic years, not more than 3 of which may be for attending eligible institutions that are community colleges or federally recognized tribal colleges. A student may not receive an award under this subsection and section 248a(3)(f)(i) during the same academic year.

(b) The amount awarded to an eligible student at an eligible institution that is a community college or federally recognized tribal college must equal the sum of following:

(i) A minimum payment of $1,750.00, which is comprised of a base payment of $1,000.00 plus an additional payment of $750.00.

(ii) The lesser of $1,000.00 or the student’s last-dollar payment amount.

(c) The amount awarded to an eligible student at an eligible institution that is a public university must equal the sum of following:

(i) A minimum payment of $2,500.00, which is comprised of a base payment of $1,000.00 plus an additional payment of $1,500.00.

(ii) The lesser of $3,000.00 or the student’s last-dollar payment amount.

(d) The amount awarded to an eligible student at an eligible institution that is an independent nonprofit college or university must equal the sum of the following:

(i) A minimum payment of $1,000.00.

(ii) The lesser of $3,000.00 or the student’s last-dollar payment amount.

(e) Money awarded under this subsection for a Michigan achievement scholarship must be paid to the eligible institution for credit to the student’s account.

(f) As used in this subsection:

(i) “Last-dollar payment amount” means an amount equal to the tuition cost for an eligible student’s courses at the resident rate, regardless of whether the student actually incurred that rate, plus the student’s mandatory fees, minus all gift aid received by the student.

(ii) “Resident rate” means the lowest tuition rate charged to in-state students by the eligible institution, including, if any, an in-district tuition rate.

(5) The department shall work closely with participating institutions to provide the highest level of participation and ensure that all requirements of the program are met.

(6) The department shall ensure that Michigan achievement scholarships are well publicized and that high school students are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program.

(7) The following reporting obligations apply to the Michigan achievement scholarship program:

(a) Beginning December 1, 2023, by December 1 of each year, the department shall provide a written report, organized by eligible institution, to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director that includes the following information for the previous academic year:

(i) The number of students who qualified for a Michigan achievement scholarship.

(ii) The number of students who received a Michigan achievement scholarship.

(iii) The average number of credits earned by students who received a Michigan achievement scholarship.

(iv) The number of Michigan achievement scholarships that were canceled due to failure to maintain satisfactory academic progress under subsection (3)(d).

(v) The number of Michigan achievement scholarships that were canceled due to a student ceasing attendance at an eligible institution. The number must not include any known transfers to another eligible institution.

(vi) The number of Michigan achievement scholarships that were canceled due to a student’s failure to maintain full-time status.

(b) Each eligible institution whose students receive awards under this section shall cooperate with the department in a timely manner to facilitate the creation of the report under subdivision (a).

(8) Beginning April 1, 2024, by April 1 of each year, each eligible institution shall submit a report that provides the following information to the department, the state budget office, and the house and senate fiscal agencies:

(a) A description of each financial aid or scholarship program offered by the eligible institution to undergraduate students attending that institution, including the minimum and maximum dollar amounts available to a qualifying student for each program and the types of costs that awards from each program may cover. At a minimum, this report must include the amount of institutional aid, including student loans, work-study awards, merit-based scholarships, and need-based grants, offered by the institution.

(b) A description of any changes made to institutional undergraduate financial aid programs between the current academic year and prior academic year.

(c) The total institutional grant aid per full-year equated undergraduate student for the current institution fiscal year and for the immediately preceding 3 institution fiscal years. If the institution does not maintain total institutional grant aid per full-year equated undergraduate student at the average amount provided over the immediately preceding 3 institution fiscal years, the institution must include in the report a description of changes to institutional finances or the student population that prevented the institution from maintaining support for institutional aid. An institution’s report of total institutional grant aid per full-year equated undergraduate student pursuant to this subdivision must be consistent with data most recently reported to the Integrated Postsecondary Education Data System.

(d) The number of students who received an award and the total dollar amount of awards for each program described under subdivision (a).

(9) For each fiscal year, an eligible institution becomes ineligible for funding under this section if, in the immediately preceding fiscal year, the institution exceeds 1 of the following tuition restraint requirements, as applicable:

(a) For an eligible institution that is a community college, the tuition restraint described in section 230(5).

(b) For an eligible institution that is a public university or independent nonprofit college or university, the tuition restraint described in section 265.

(10) It is the intent of the legislature that an eligible institution will not make changes to scholarship or financial aid programs offered by that eligible institution that have the goal or net effect of shifting the cost burden of those programs to the program described in this section.

Sec. 248a. (1) The funds appropriated in section 236 for Michigan achievement scholarships must be distributed as provided in this section and section 248, pursuant to the administrative procedures for Michigan achievement scholarship private training program of the department.

(2) As used in this section:

(a) “Department” means the department of labor and economic opportunity.

(b) “Gift aid” means that term as defined in section 248.

(c) “High school equivalency certificate” means that term as defined in section 4.

(d) “Qualified occupational training program” and “qualified private training institution” mean those terms as defined in section 13 of the Michigan reconnect grant recipient act, 2020 PA 68, MCL 390.1713.

(3) The department shall do all of the following:

(a) Develop and implement a process by which those seeking to participate in the Michigan achievement scholarship private training program as a qualified private training institutions offering qualified occupational training programs must apply to the department.

(b) Approve as a qualified occupational training program a program for which an application is submitted under subdivision (a) that meets all of the criteria to qualify as a qualified occupational training program, and post these criteria to the department’s website.

(c) Ensure that an applicant under subdivision (a) is first included on this state’s eligible training provider list as a qualified private training institution before each of the applicant’s programs receives separate approval from the department as being a qualified occupational training program.

(d) Require that qualified private training institutions accepted to participate in the Michigan achievement scholarship private training program comply with data requests from the department as a condition of continued participation. For purposes of this subdivision, the department shall require institutions operating apprenticeship programs subject to this section to provide data that tracks relevant work experience required to verify a student’s status as an apprentice.

(e) Maintain on its website a list of all qualified occupational training program options available to potential skills scholarship recipients.

(f) Award skills scholarships, subject to all of the following:

(i) A skills scholarship is a grant not to exceed $2,000.00 per year to contribute to tuition costs for a qualified occupational training program at a qualified private training institution, both of which are approved under this section, for a training program participant who meets the requirements of subparagraph (ii). A skills scholarship is available under this section only if the program participant has applied for all other gift aid, if any is available, and must not cause the total amount of all gift aid, including a skills scholarship awarded under this section, if any, to exceed the full amount of the tuition charged for the training program. A program participant may receive a skills scholarship under this section for a maximum of 2 academic years.

(ii) To receive the skills scholarship described in subparagraph (i), a qualified occupational training program participant must meet all of the following:

(A) Be a resident of this state for at least the immediately preceding year.

(B) Have graduated from a high school in this state with a diploma or certificate of completion or achieved a high school equivalency certificate in 2023 or after.

(C) Not have previously earned an associate or baccalaureate degree.

(D) Not have previously earned a degree, certificate, or other credential using a skills scholarship awarded under this section.

(E) Timely complete a Michigan achievement scholarship private training program skills scholarship application in a form and manner determined by the department.

(F) Timely apply for all other gift aid, if any is available, for the qualified occupational training program.

(iii) Subject to subparagraph (iv), the department may award skills scholarships under this section only until money appropriated to the Michigan achievement scholarship private training program has been fully committed.

(iv) Once money allocated to the Michigan achievement scholarship private training program in section 236 has been fully committed, the department may continue to award skills scholarships under this section using money appropriated for Michigan reconnect grant program short-term training grants under section 201(7).

(g) Inform each recipient of a skills scholarship that the recipient will remain eligible for the Michigan achievement scholarship under section 248 for a maximum of 5 years, less any years of eligibility used for a skills scholarship awarded under this section, to pursue an associate degree, baccalaureate degree, or occupational certificate upon completion of a certification course of study at a qualified private training institution.

(4) Except as otherwise provided in subsection (5), the department shall promulgate rules to implement subsection (3)(a), (b), and (d) only, pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, subject to all of the following:

(a) Under subsection (3)(a), the department is limited to developing the form for the application described in subsection (3)(a) and prescribing the time and manner of its completion.

(b) Under subsection (3)(b), the department is limited to applying the eligibility criteria described in subsection (3)(b) and shall not apply any other eligibility criteria.

(c) Under subsection (3)(d), the department is limited to requiring compliance with data requests as described in subsection (3)(d).

(5) To facilitate implementation of the Michigan achievement scholarship private training program prior to final rules being adopted, the department may develop and administer the program in accordance with its proposed rules or other policy or directive of the department established pursuant to this section.

(6) It is the intent of the legislature that a qualified private training institution will not make changes to scholarship or financial aid programs offered by that qualified private training institution that have the goal or net effect of shifting the cost burden of those programs to the program described in this section.

Sec. 251. (1) Payments of the amounts included in section 236 for the state competitive scholarship program must be distributed pursuant to 1964 PA 208, MCL 390.971 to 390.981.

(2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of treasury shall determine an actual state competitive scholarship award per student, which must be $1,500.00, that ensures that the aggregate payments for the state competitive scholarship program do not exceed the appropriation contained in section 236 for the state competitive scholarship program. If the department determines that insufficient funds are available to establish an award amount equal to $1,500.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a $1,500.00 award amount. For the purpose of determining a student’s financial need under section 6 of 1964 PA 208, MCL 390.976, the department of treasury shall presume that a student who receives a Michigan achievement scholarship under section 248(4)(b) or (c) has no need for a state competitive scholarship under this section.

(3) The department of treasury shall implement a proportional competitive scholarship award level for recipients enrolled less than full-time in a given semester or term.

(4) If a student who receives an award under this section has his or her tuition and fees paid under the Michigan educational trust program, pursuant to the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial need, the funds awarded under this section may be used for educational expenses other than tuition and fees.

(5) If the department of treasury increases the award per eligible student from that provided in the previous fiscal year, it must not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the award must be proportional for all eligible students receiving awards.

(6) Veterans Administration benefits must not be considered in determining eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981.

Enacting section 1. (1) In accordance with section 30 of article IX of the state constitution of 1963, total state spending on school aid under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2021 PA 48, 2022 PA 93, 2022 PA 144, and this amendatory act, from state sources for fiscal year 2021-2022 is estimated at $14,635,534,200.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2021-2022 are estimated at $13,448,739,600.00. In accordance with section 30 of article IX of the state constitution of 1963, total state spending on school aid under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2022 PA 144 and this amendatory act, from state sources for fiscal year 2022-2023 is estimated at $17,090,672,900.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2022-2023 are estimated at $15,764,187,600.00.

(2) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2022-2023 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, as amended by 2022 PA 144 and this amendatory act, is estimated at $1,888,109,300.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is estimated at $0.00.

Enacting section 2. (1) Sections 51a and 56 of the state school aid act of 1979, 1979 PA 94, MCL 388.1651a and 388.1656, as amended, if granted immediate effect pursuant to section 27 of article IV of the state constitution of 1963, take effect on enactment of this amendatory act.

(2) Except as otherwise provided for the sections listed in subsection (1), the remaining sections of this amendatory act take effect October 1, 2022.

Third: That the House and Senate agree to the title of the bill to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 51a, 56, 216, 236, 236j, and 251 (MCL 388.1611, 388.1651a, 388.1656, 388.1816, 388.1836, 388.1836j, and 388.1851), sections 11, 51a, 56, 236, and 251 as amended and sections 216 and 236j as added by 2022 PA 144, and by adding sections 31c, 99j, 248, and 248a.

Jim Stamas Ben Frederick

Kimberly LaSata Mary Whiteford

Curtis Hertel, Jr. Samantha Steckloff

Conferees for the Senate Conferees for the House

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 463 Yeas—33

Ananich Hertel McBroom Shirkey

Barrett Horn McCann Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Schmidt Zorn

Daley

Nays—0

Excused—3

Geiss McMorrow Santana

Not Voting—2

Alexander Hollier

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

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 wanted to briefly rise to thank and congratulate my colleague from the 21st District. The issue of college affordability is a very important one and a lot of our families are struggling. We’ve got a lot of capable, smart young kids who just don’t happen to come from rich families and they’re wondering how they’re going to pay for college. This is an issue I’ve brought up many times in the Universities and Community Colleges Appropriations Subcommittee and I was really elated to find a partner in the Senator from the 21st District. I just want to give her as much credit as I can here today without going on too long for her leadership on this issue. This is going to help a lot of young kids get to college, it’s going to help our economy, and it’s going to be good for a lot of people in our state.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Chang moved that Senators Alexander and Hollier be excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Conference Reports

Senator Lauwers moved that Joint Rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill:

Senate Bill No. 844

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

Senator Stamas submitted the following:

FIRST CONFERENCE REPORT

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 844, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

the people of the state of michigan enact:

part 1

line-item appropriations

FOR FISCAL YEAR 2022-2023

Sec. 101. There is appropriated for various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

APPROPRIATION SUMMARY
GROSS APPROPRIATION		$	1,003,377,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	1,003,377,400
Federal revenues:
Total federal revenues			0
Special revenue funds:
Total local revenues			0
Total private revenues			0
Total other state restricted revenues			20,000,200
State general fund/general purpose		$	983,377,200
Sec. 102. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION		$	72,237,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	72,237,200
Federal revenues:
Total federal revenues			0
Special revenue funds:
Total local revenues			0
Total private revenues			0
Total other state restricted revenues			0
State general fund/general purpose		$	72,237,200
(2) CHILDREN’S SERVICES AGENCY - CHILD WELFARE
Child care fund		$	3,750,000
Foster care payments			21,250,000
GROSS APPROPRIATION		$	25,000,000
Appropriated from:
State general fund/general purpose		$	25,000,000
(3) ONE-TIME APPROPRIATIONS
Behavioral health care services and facilities		$	15,000,000
Behavioral health facilities grants			1,500,000
Critical child welfare infrastructure			15,000,000
First responder and public safety staff mental health			7,500,000
Quality assurance assessment program overpayment reimbursement			4,237,200
Senior living and health care expansion			4,000,000
GROSS APPROPRIATION		$	47,227,200
Appropriated from:
State general fund/general purpose		$	47,227,200
Sec. 103. DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION		$	916,140,200
For Fiscal Year Ending Sept 30, 2023
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		$	0
ADJUSTED GROSS APPROPRIATION		$	916,140,200
Federal revenues:
Total federal revenues			0
Special revenue funds:
Total local revenues			0
Total private revenues			0
Total other state restricted revenues			20,000,200
State general fund/general purpose		$	896,140,000
(2) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions	20.0
Housing and rental assistance—FTEs	20.0	$	0
GROSS APPROPRIATION		$	0
Appropriated from:
State general fund/general purpose		$	0
(3) ONE-TIME APPROPRIATIONS
Bauserman v unemployment insurance agency settlement agreement		$	20,000,000
Critical industry program			100
Downtown placemaking grant			12,000,000
Economic development and workforce grants			240,000
Infrastructure improvement grant			7,500,000
Michigan community development financial institution fund grants			(75,000,000)
Michigan community development financial institution fund grants			75,000,000
Michigan enhancement grants			800,000
Michigan strategic site readiness program			100
Municipal information technology and cybersecurity upgrades			2,500,000
Strategic outreach and attraction reserve fund			846,100,000
Workforce and infrastructure grant			27,000,000
GROSS APPROPRIATION		$	916,140,200
Appropriated from:
Special revenue funds:
Contingent fund, penalty and interest account			20,000,000
Strategic outreach and attraction reserve fund			200
State general fund/general purpose		$	896,140,000
Sec. 104. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION		$	15,000,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	15,000,000
Federal revenues:
Total federal revenues			0
Special revenue funds:
Total local revenues			0
Total private revenues			0
Total other state restricted revenues			0
State general fund/general purpose		$	15,000,000
(2) ONE-TIME APPROPRIATIONS
Armory modernization		$	15,000,000
GROSS APPROPRIATION		$	15,000,000
Appropriated from:
State general fund/general purpose		$	15,000,000

part 1A

line-item appropriations

For Fiscal Year 2021-2022

Sec. 151. There is appropriated for various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2022, from the following funds:

APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	133,127,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	133,127,100
Federal revenues:
Total federal revenues		126,827,100
Special revenue funds:
Total local revenues		0
Total private revenues		0
Total other state restricted revenues		2,900,000
State general fund/general purpose	$	3,400,000
Sec. 152. DEPARTMENT OF CORRECTIONS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	0
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	0
Federal revenues:
Total federal revenues		57,000,000
Special revenue funds:
Total local revenues		0
Total private revenues		0
Total other state restricted revenues		0
State general fund/general purpose	$	(57,000,000)
(2) FIELD OPERATIONS ADMINISTRATION
Field operations	$	0
GROSS APPROPRIATION	$	0
Appropriated from:
Federal revenues:
Coronavirus relief fund		24,700,000
State general fund/general purpose	$	(24,700,000)
(3) HEALTH CARE
Mental health and substance use disorder treatment services	$	0
GROSS APPROPRIATION	$	0
Appropriated from:
Federal revenues:
Coronavirus relief fund		32,300,000
State general fund/general purpose	$	(32,300,000)
Sec. 153. DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	2,800,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	2,800,000
Federal revenues:
Total federal revenues		0
Special revenue funds:
Total local revenues		0
For Fiscal Year Ending Sept 30, 2022
Total private revenues	$	0
Total other state restricted revenues	$	2,800,000
State general fund/general purpose	$	0
(2) ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency	$	2,800,000
GROSS APPROPRIATION	$	2,800,000
Appropriated from:
Special revenue funds:
Drinking water declaration of emergency reserve fund		2,800,000
State general fund/general purpose	$	0
Sec. 154. DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	21,627,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	21,627,100
Federal revenues:
Total federal revenues		21,627,100
Special revenue funds:
Total local revenues		0
Total private revenues		0
Total other state restricted revenues		0
State general fund/general purpose	$	0
(2) UNEMPLOYMENT
Unemployment insurance agency	$	21,627,100
GROSS APPROPRIATION	$	21,627,100
Appropriated from:
Federal funds:
DOL-ETA, unemployment insurance		21,627,100
State general fund/general purpose	$	0
Sec. 155. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	3,400,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	3,400,000
Federal revenues:
Total federal revenues		0
Special revenue funds:
Total local revenues		0
Total private revenues		0
Total other state restricted revenues		0
State general fund/general purpose	$	3,400,000
(2) MICHIGAN VETERANS' FACILITY AUTHORITY
Grand Rapids home for veterans	$	3,400,000
GROSS APPROPRIATION	$	3,400,000
Appropriated from:
State general fund/general purpose	$	3,400,000
Sec. 156. DEPARTMENT OF NATURAL RESOURCES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	100,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	100,000
For Fiscal Year Ending Sept 30, 2022
Federal revenues:
Total federal revenues	$	0
Special revenue funds:
Total local revenues		0
Total private revenues		0
Total other state restricted revenues		100,000
State general fund/general purpose	$	0
(2) WILDLIFE MANAGEMENT
Wildlife management	$	100,000
GROSS APPROPRIATION	$	100,000
Appropriated from:
Special revenue funds:
Pheasant hunting license fees		100,000
State general fund/general purpose	$	0
Sec. 157. DEPARTMENT OF STATE POLICE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION	$	105,200,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers		0
ADJUSTED GROSS APPROPRIATION	$	105,200,000
Federal revenues:
Total federal revenues		48,200,000
Special revenue funds:
Total local revenues		0
Total private revenues		0
Total other state restricted revenues		0
State general fund/general purpose	$	57,000,000
(2) FIELD SERVICES
Post operations	$	0
GROSS APPROPRIATION	$	0
Appropriated from:
Federal revenues:
Coronavirus relief fund		48,200,000
State general fund/general purpose	$	(48,200,000)
(3) ONE-TIME APPROPRIATIONS
Federal ineligible expenses	$	105,200,000
GROSS APPROPRIATION	$	105,200,000
Appropriated from:
State general fund/general purpose	$	105,200,000

part 2

provisions concerning appropriations

FOR FISCAL YEAR 2022-2023

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year ending September 30, 2023 is $1,003,377,400.00 and total state spending from state sources to be paid to local units of government is $64,000,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Behavioral health care services and facilities	$	15,000,000
	$	15,000,000
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
Downtown placemaking grant	$	12,000,000
Infrastructure improvement grant		7,500,000
Municipal information technology and cybersecurity upgrades		2,500,000
Workforce and infrastructure grant		27,000,000
	$	49,000,000
TOTAL	$	64,000,000

Sec. 202. The appropriations made and expenditures authorized under this part and part 1 and the departments, commissions, boards, offices, and programs for which appropriations are made under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this part and part 1, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this part and part 1 for the particular department, board, commission, office, or institution.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 301. (1) From the funds appropriated in part 1 for behavioral health care services and facilities, the department shall allocate $15,000,000.00 to a CMHSP located in a county with a population of at least 1,750,000, according to the most recent federal decennial census for capital costs of an integrated care center facility that includes a walk-in behavioral health crisis services center. These funds shall be in addition to any funds allocated to that CMHSP under 2022 PA 166.

(2) Funds allocated under this section do not constitute a future guarantee of permitting approval for any project.

(3) The unexpended funds appropriated in part 1 for behavioral health care services and facilities are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be made available for behavioral health care services and facilities. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to increase behavioral health care service and facility capacity.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The tentative completion date is September 30, 2027.

(4) As used in this section, “CMHSP” means a community mental health services program as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

Sec. 302. From the funds appropriated in part 1 for child care fund and foster care payments, the department of health and human services shall allocate $25,000,000.00 to contracted child caring institutions for enhanced rates for all children receiving services under mental health and behavioral stabilization rates or the developmentally disabled or cognitively impaired rates.

Sec. 303. (1) From the funds appropriated in part 1 for critical child welfare infrastructure, the department of health and human services shall allocate $15,000,000.00 to create a grant program for nonprofit organizations to provide affordable and attainable housing for youth who are currently in foster care or youth who have already aged out of foster care.

(2) To receive the funds appropriated under this section, a nonprofit organization must apply for the grant program in a form and manner prescribed by the department of health and human services.

(3) From the funds appropriated in subsection (1), the department of health and human services shall allocate $7,500,000.00 to a nonprofit organization located in a county with a population between 1,000,000 and 1,500,000 according to the most recent federal decennial census in a charter township with a population between 44,000 and 45,000 according to the most recent federal decennial census for an infrastructure project for the construction, purchase, or renovation of facilities, whichever is most economically feasible, to provide affordable and attainable housing for youth aged 16 to 18 years who are currently in foster care or youth who have already aged out of foster care. Before the funds appropriated under this subsection are distributed to the qualifying nonprofit organization, the nonprofit organization must provide an implementation plan to the department of health and human services. The department of health and human services may approve or reject the implementation plan. The implementation plan must include all of the following:

(a) An identification of not less than a 10% private investment for the infrastructure project.

(b) How the infrastructure project would assist youth aged 16 to 18 years who are currently in foster care or youth who have already aged out of foster care with employment, educational opportunities, housing, community life, personal effectiveness, and personal well-being.

(c) How the nonprofit organization plans to cover the ongoing operational costs and ongoing maintenance of the infrastructure project.

(d) How the nonprofit organization will track and report to the department of health and human services the operational outcomes and performance metrics that would show whether the nonprofit organization’s program model could be replicated to other facilities across the state.

(4) By September 30, 2023, the department of health and human services shall provide a report to the house and senate appropriations subcommittees on health and human services, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the number of grant applications awarded, the approved implementation plan under subsection (3), and any performance metrics reported by the nonprofit organizations that were awarded grants.

Sec. 304. (1) From the funds appropriated in part 1 for first responder and public safety staff mental health, the department shall allocate $7,500,000.00 toward a program to support firefighters, police officers, emergency medical services personnel, public safety telecommunicators, local correctional officers, juvenile detention employees, and individuals working on special teams such as internet sex crimes, sexual crimes against children, or traffic fatalities suffering from post-traumatic stress syndrome and other mental health conditions. The grant program must primarily provide grants to behavioral health providers and may also include funding to the Michigan crisis and action line established under section 165 of the mental health code, 1974 PA 258, MCL 330.1165, to improve information and referrals for these services. The program must coordinate and integrate with the Michigan crisis and access line established under section 165 of the mental health code, 1974 PA 258, MCL 330.1165.

(2) The unexpended funds appropriated in part 1 for first responder and public safety staff mental health are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to ensure that first responder and public safety staff who are dealing with post-traumatic stress syndrome and other mental health conditions have access to enhanced mental health services.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(d) The tentative completion date is September 30, 2027.

Sec. 305. From the funds appropriated in part 1 for behavioral health facilities grants, the department must allocate funds on a competitive basis to providers of behavioral health services for facility improvements, additional capacity, or facility acquisition, or all 3, with preference given to applicants that would repurpose school facilities to support the provision of mental health, primary care, and dental services not currently subsidized through public or private insurance, focused on underserved areas.

Sec. 306. From the funds appropriated in part 1 for quality assurance assessment program overpayment reimbursement, the department shall allocate $4,237,200.00 to reimburse hospitals that overpaid quality assurance assessment program tax payments. The funds shall be distributed as follows:

(a) $827,700.00 to a nonprofit hospital located in a city with a population between 4,000 and 15,000 according to the most recent federal decennial census, within a county with a population between 67,000 and 75,000 according to the most recent federal decennial census.

(b) $2,882,600.00 to a teaching hospital located in a charter township with a population between 10,000 and 17,000 according to the most recent federal decennial census, within a county with a population between 297,000 and 405,000 according to the most recent federal decennial census.

(c) $202,700.00 to a critical access hospital that is located in a village with a population between 1,000 and 2,000 according to the most recent federal decennial census, within a county with a population between 2,500 and 5,500 according to the most recent federal decennial census.

(d) $324,200.00 to an independent, nonprofit community hospital that provides emergency, surgical, inpatient, outpatient, and primary care services for patients of all ages. The hospital must be located in a city with a population between 5,100 and 7,700 according to the most recent federal decennial census, within a county with a population between 104,000 and 120,000 according to the most recent federal decennial census.

Sec. 307. From the funds appropriated in part 1 for senior living and health care expansion, the department shall allocate $4,000,000.00 to a 501(c)(3) nonprofit headquartered in a city with a population between 76,600 and 80,000 according to the most recent federal decennial census that was originally founded prior to 1947, supports operation of at least 20 locations throughout this state, and provides independent living, assisted living, skilled nursing, and memory care services. Grant funds shall be used to expand affordable housing for seniors and to expand programs for all-inclusive care for the elderly.

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

Sec. 401. From the funds appropriated in part 1 for Michigan enhancement grants, $800,000.00 shall be awarded to a zoo located in a township with a population between 2,750 and 2,800 in a county with a population between 130,000 and 140,000 according to the most recent federal decennial census to support recreational improvements to the facility.

Sec. 402. From the funds appropriated in part 1 for economic development and workforce grants, $240,000.00 shall be allocated to a township with a population between 90,000 and 95,000 according to the most recent federal decennial census for the construction of a culvert to allow pedestrian access to a county park.

Sec. 403. (1) From the funds appropriated in part 1 for Michigan community development financial institution fund grants, $75,000,000.00 is transferred to and appropriated from the Michigan community development financial institutions fund, which is created by this section, for grants to eligible community development financial institutions under this section and related expenditures permitted under this section. The legislature finds and declares that the appropriation described in this section is for a public purpose, including promoting community economic revitalization and community development through community development financial institutions.

(2) By October 31, 2022, the Michigan strategic fund shall develop a grant application, approval, agreement, and compliance process consistent with this section adopted by a resolution of the board and published and available on the Michigan strategic fund’s website.

(3) The application required under subsection (2) must include all of the following:

(a) The name of the community development financial institution applying for a grant from the CDFI fund.

(b) The location of the principal office of the applicant.

(d) The amount of the grant sought, not exceeding the maximum eligible amount of the grant under subsections (4) to (6).

(e) If the community development financial institution is a depository institution, the net assets of the depository institution.

(f) If the community development financial institution is not a depository institution, the amount of qualifying commitments made by the community development financial institution during the 3 calendar years preceding the calendar year in which the application is submitted.

(g) A description of the amount an applicant is eligible to apply for under subsections (4) to (6).

(h) A description of the proposed use of the grant award by the applicant for eligible activities consistent with the requirements of this section, the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719, and any other requirements applicable under federal law.

(i) Documentation of the applicant’s certification as a community development financial institution that meets the eligibility requirements under 12 CFR 1805.201 by the community development financial institutions fund established under section 104 of the community development banking and financial institutions act of 1994, 12 USC 4703. The documentation required by this subsection may include the list of community development financial institutions in good standing maintained and published by the federal fund.

(j) A statement that the applicant is in compliance with all requirements applicable to the applicant under the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719.

(4) A community development financial institution that is a depository institution is eligible for a grant award in the following amount:

(a) Up to $1,000,000.00 if the depository institution has total net assets of less than $500,000,000.00.

(b) Up to $1,500,000.00 if the depository institution has total net assets of $500,000,000.00 to $999,999,999.99.

(d) Up to $2,500,000.00 if the depository institution has total net assets of $2,000,000,000.00 or more.

(5) Except as otherwise provided in subsection (6), a community development financial institution is eligible for a grant award in the following amount:

(a) Up to $500,000.00 if the community development financial institution made qualifying commitments in an amount that averaged less than $1,000,000.00 per year during the 3 calendar years preceding the calendar year in which an application for a grant is submitted.

(b) Up to $1,500,000.00 if the community development financial institution made qualifying commitments in an amount that averaged from $1,000,000.00 to $3,999,999.99 per year during the 3 calendar years preceding the calendar year in which an application for a grant is submitted.

(c) Up to $2,500,000.00 if the community development financial institution made qualifying commitments in an amount that averaged from $4,000,000.00 to $5,999,999.99 per year during the 3 calendar years preceding the calendar year in which an application for a grant is submitted.

(d) Up to $3,500,000.00 if the community development financial institution made qualifying commitments in an amount that averaged from $6,000,000.00 to $9,999,999.99 per year during the 3 calendar years preceding the calendar year in which an application for a grant is submitted.

(e) Up to $4,000,000.00 if the community development financial institution made qualifying commitments in an amount that averaged at least $10,000,000.00 per year during the 3 calendar years preceding the calendar year in which an application for a grant is submitted.

(6) A grant to a multistate CDFI under subsection (5) must not exceed $2,500,000.00.

(7) The Michigan strategic fund shall accept applications for a grant under this section until November 30, 2022. The Michigan strategic fund shall approve or deny a grant application within 49 days after the receipt of an administratively complete application as determined by the Michigan strategic fund. If the application complies with the requirements of this section, the Michigan strategic fund shall approve the award of the grant in the amount requested by the applicant. The Michigan strategic fund may deny a grant application submitted under this section only for the following reasons:

(a) The applicant does not satisfy all of the requirements described in this section.

(b) Subject to subsection (9), there is insufficient money in the CDFI fund to pay the grant amount requested.

(c) The applicant is not in compliance with applicable requirements under the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719.

(8) If the Michigan strategic fund denies an application under subsection (7), the applicant may provide additional information to the Michigan strategic fund within 7 days of the notice of denial. The Michigan strategic fund shall review and reconsider the application and additional information within 28 days.

(9) If there is an insufficient amount of money in the CDFI fund to pay the grants approved, the amount of each grant shall be reduced proportionately by the Michigan strategic fund based upon the amount of money available in the CDFI fund.

(10) Upon approval of an application, the Michigan strategic fund and the applicant shall sign a written grant agreement providing the terms of the grant agreement. A grant agreement must include all of the following:

(a) A requirement that at least 80% of the grant award be used for financial products and financial services or expenditures of money or commitments to expend money to reduce the interest rate otherwise applicable under a loan agreement or funding agreement.

(b) A restriction that no more than 10% of the grant award be used for technical assistance activities described in 12 CFR 1805.303.

(d) A requirement that a grant award be committed under a loan agreement or funding agreement or disbursed by the recipient within 3 years of the date that the recipient receives the grant award.

(e) A requirement that the entire amount of the grant award be expended within this state.

(f) A requirement that the grant award recipient maintain its certification as a community development financial institution under 12 CFR 1805.201 while the grant agreement is in effect.

(g) A requirement that the grant award recipient comply with all requirements applicable under the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719, while the agreement is in effect.

(h) Provisions authorizing the Michigan strategic fund to enforce the terms of the grant agreement, including a requirement that a noncompliant recipient of a grant award repay the award for deposit in the CDFI fund.

(i) A requirement for the grant award recipient to report on activities consistent with the requirements of subsection (14).

(j) If the grant agreement includes a grant of federal money, the grant agreement must require the recipient to comply with any requirements applicable to the use of the federal money.

(11) A grant agreement may provide for the community development financial institution that is the recipient of a grant award to serve as an intermediary lender to another community development financial institution consistent with the purposes of this section if not prohibited by federal law applicable to the expenditure of any federal grant money.

(12) If not prohibited by federal law applicable to the expenditure of any federal grant money, a grant agreement must permit a grant award recipient to assign the award to an affiliate and for the affiliate to assume the obligations of the grant award recipient if the affiliate satisfies all of the following:

(a) Is a community development financial institution.

(b) Is organized in the same manner as the grant award recipient.

(i) The grant award recipient owns a majority of the stock of the affiliate.

(ii) A majority of the members of the board of the affiliate also are members of the board of the grant award recipient.

(13) Except as otherwise provided in subsection (14), the Michigan strategic fund shall require the recipient of a grant award under this section to report annually to the Michigan strategic fund regarding its activities under this section beginning on the May 1 following the calendar year in which the grant award was received by the recipient. The Michigan strategic fund shall publish on its website a standard form for the report. Except as otherwise provided in subsection (14), the report must include all of the following information:

(a) A copy of the recipient’s most recent confirmation of recertification as a community development financial institution issued by the community development financial institutions fund under 12 CFR 1805.201, which may include the list of community development financial institutions in good standing maintained and published by the federal fund.

(b) A list of financial products and services provided during the prior calendar year that includes all of the following:

(i) The name of each transaction.

(ii) A transition tracking number for each transaction.

(iii) The date of each transaction.

(iv) The amount of each transaction.

(v) The total project cost for each transaction if other funding was involved.

(vi) The physical address of the borrower or customer for each transaction.

(vii) The census tract of the borrower or customer for each transaction.

(viii) An indication of whether the census tract in which the transaction is located is an eligible investment area.

(ix) A description of the projected economic impact of the transaction.

(x) A description of any financial products or financial services provided.

(d) A summary of expenditures for administration and operations provided during the prior calendar year that includes all of the following:

(i) A description of administration and operations costs incurred.

(ii) Professional fees and expenses incurred.

(iii) A summary of any other eligible expenses for administration and operation.

(14) A grant award recipient is not required to provide a report under this section for any calendar year in which it did not loan or otherwise commit or disburse grant award money. The Michigan strategic fund shall not include information in the report required under subsection (13) if information that otherwise would be included in a report under subsection (13) is either of the following:

(a) Exempt from disclosure or confidential as proprietary business or financial information under the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719.

(b) Exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(15) Except as otherwise provided in subsection (3), the Michigan strategic fund may expend up to 4% of the appropriation provided from the CDFI fund for the costs it incurs in administering the programs and activities under this section.

(16) The unexpended portion of money in the CDFI fund provided for grants under this section is considered a work project appropriation in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a. The following apply to the work project:

(a) The purpose of the project is to provide grants to eligible community development financial institutions under this section.

(b) All grants will be distributed in accordance with this section and the grant guidelines as part of the application process and grant agreements between the Michigan strategic fund and grant recipients.

(d) The tentative completion date for the work project is September 30, 2027.

(17) As used in this section:

(a) “CDFI fund” means the Michigan community development financial institutions fund created in subsection (1).

(b) “Community development financial institution” means that term as defined in section 103 of the community development banking and financial institutions act of 1994, 12 USC 4702, but is limited to a community development financial institution that satisfies all of the following:

(i) Is an entity that meets the eligibility requirements described in 12 CFR 1805.200.

(ii) Is certified as a community development financial institution that meets the eligibility requirements under 12 CFR 1805.201 by the community development financial institutions fund established under section 104 of the community development banking and financial institutions act of 1994, 12 USC 4703.

(iii) Maintains 1 or more physical offices within this state.

(iv) Employs 2 or more individuals at a physical office within this state, including employees of an affiliate of the community development financial institution that provides services to the community development financial institution.

(v) Is a Michigan CDFI or a multistate CDFI.

(i) A bank as that term is defined in section 3(a) of the federal deposit insurance act, 12 USC 1813.

(ii) A savings association as that term is defined in section 3(b) of the federal deposit insurance act, 12 USC 1813.

(iii) A credit union as that term is defined in section 102 of the credit union act, 2003 PA 215, MCL 490.102.

(iv) A depository institution holding company as that term is defined in 12 CFR 1805.104.

(d) “Eligible activities” means activities described in 12 CFR 1805.301, and includes credit enhancements, loan loss reserves, equity investments, expenditures of money or commitments to expend money to reduce the interest rate otherwise applicable under a loan agreement or funding agreement, and grants related to these activities.

(e) “Federal fund” means the federal community development financial institutions fund within the United States Department of Treasury.

(f) “Financial products” means that term as defined in 12 CFR 1805.104.

(g) “Financial services” means that term as defined in 12 CFR 1805.104.

(h) “Michigan CDFI” means a community development financial institution that satisfies all of the following:

(i) Is certified as a community development financial institution that meets the eligibility requirements under 12 CFR 1805.201 by the community development financial institutions fund established under section 104 of the community development banking and financial institutions act of 1994, 12 USC 4703.

(ii) Is headquartered at an address in this state, as recognized by the federal fund.

(iii) Has a target market that includes this state, as recognized by the federal fund.

(iv) Serves 1 or more targeted populations located within this state.

(i) “Multistate CDFI” means a community development financial institution that is not a Michigan CDFI but is a community development financial institution that committed under a loan agreement or other funding agreement of at least $10,000,000.00 in financial products and financial services to a target market within this state under the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719, during the 5 calendar years preceding the calendar year in which an application for a grant is submitted.

(j) “Qualifying commitment” means funding committed by a community development financial institution under a loan agreement or other funding agreement in target markets or targeted populations in this state that is either of the following:

(i) Financial products or financial services committed under the community development banking and financial institutions act of 1994, 12 USC 4701 to 4719.

(ii) An additional credit enhancement, loan loss reserve, or equity investment committed by the community development financial institution or an affiliate of the community development financial institution.

(k) “Target market” means that term as defined in 12 CFR 1805.104.

(l) “Targeted population” means that term as defined in 12 CFR 1805.104.

Sec. 404. (1) Up to $100,000,000.00 in funds from COVID-19 emergency rental assistance that were appropriated in 2021 PA 133 and 2022 PA 53 is appropriated for the creation or rehabilitation of affordable housing, in accordance with federal regulations and as specified by the United States Department of Treasury.

(2) The funds appropriated in subsection (1) are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to support the creation or rehabilitation of affordable housing.

(b) The projects will be accomplished by utilizing state employees or by contracts.

(d) The tentative completion date is September 30, 2027.

Sec. 405. The Michigan state housing development authority may increase capacity by a total of 25.0 limited-term FTE positions for housing programs administered by the Michigan state housing development authority.

Sec. 406. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $846,100,000.00 for state restricted contingency authorization for the department of labor and economic opportunity. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 407. The funds appropriated in part 1 for the critical industry program must be used for program activities pursuant to section 88s of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088s.

Sec. 408. (1) The funds appropriated in part 1 for the Michigan strategic site readiness program must be used for program activities pursuant to section 88t of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t. It is the intent of the legislature that funds transferred from the strategic outreach and attraction reserve fund to the Michigan strategic site readiness program under this act must be used as outlined under subsections (2), (3), (4), (5), and (6).

(2) From the funds in part 1 for the Michigan strategic site readiness program, $25,000,000.00 shall be used by the Michigan strategic fund to make grants to regional and local economic development organizations as provided for under section 88t(11) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, or other eligible applicant as provided for under section 88t(16)(b) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, which may be used for site assessments to identify the improvements and associated costs required to bring each site to a state of readiness; for engineering, design, and other predevelopment work required to commence construction on site improvements; and to develop a spending plan and proposal for capital investments in site readiness. Subject to the approval of the Michigan strategic fund or its designee, local and regional economic development organizations may also use such funds for the acquisition of property or interests in property. Pursuant to section 88t(11) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, the grantee for each site receiving funding under this program must use a consistent statewide rating system to identify the level of readiness for each site and must submit each site to a statewide inventory of large strategic sites.

(3) From the funds in part 1 for the Michigan strategic site readiness program, $100,000,000.00 shall be used by the Michigan strategic fund to make grants to eligible applicants for improvements to strategic sites for which an end-user has not been identified, as provided for under section 88t(5) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t. Eligible applicants receiving funding under this subsection may enter into subgrant agreements with other entities as necessary and expedient to implement the improvements. Of the funds appropriated through this subsection, not less than $75,000,000.00 shall be allocated to eligible applicants applying based on a site assessment and investment proposal developed pursuant to the Michigan strategic site readiness program. The Michigan strategic fund shall otherwise follow the evaluation and selection criteria set forth in section 88t(5) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, and the procedures and conditions set forth in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.

(4) From the funds in part 1 for Michigan strategic site readiness program, $75,000,000.00 shall be used by the Michigan strategic fund for the assessment and development of mega-strategic sites as set forth in this subsection. Of the funds appropriated through this subsection, up to $1,500,000.00 shall be used for the development of a mega-strategic site strategic plan that addresses the criteria in section 88t(6) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t. The mega-strategic site strategic plan shall be developed utilizing a national site selection consultant that specializes in mega-strategic sites and in consultation with strategic industry and utility partners, and shall be submitted to the governor, the speaker of the house of representatives, and the senate majority leader not later than 180 days after the date of enactment of this act. Upon the completion and submission of such plan, the remaining funds provided through this subsection shall be used for grants to eligible applicants for land assembly and improvements to mega-strategic sites for which an end-user has not been identified, as provided for in section 88t of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t. Eligible applicants receiving funding under this subsection may enter into subgrant agreements with other entities as necessary and expedient to implement the improvements. The Michigan strategic fund shall otherwise follow the procedures and requirements set forth in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094, in making grants to eligible applicants using funds under this subsection.

(5) From the funds in part 1 for Michigan strategic site readiness program, $50,000,000.00 shall be used by the Michigan strategic fund to make grants to eligible applicants for improvements to strategic sites for which an end-user has been identified, as provided for under section 88t(7) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t. Eligible applicants receiving funding under this subsection may enter into subgrant agreements with other entities as necessary and expedient to implement the improvements. Funds appropriated through this subsection must be used to make multiple awards. The Michigan strategic fund shall otherwise follow the evaluation and selection criteria set forth in section 88t of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, and the procedures and requirements set forth in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.

(6) From the funds in part 1 for Michigan strategic site readiness program, $100,000,000.00 shall be used by the Michigan strategic fund to make grants to eligible applicants to remediate or redevelop landfill facilities for future economic development, or both. The Michigan strategic fund shall give priority to projects located at sites that meet all of the following criteria:

(a) The site was used as a landfill and contains solid waste placed on or under the property.

(b) The site has not been actively used for solid waste disposal in the immediately preceding 15 years.

(d) The current owner of the site has agreed to contribute an amount equal to at least 10% of the total grant amount toward necessary environmental remediation costs.

(e) Private investment into the project will total at least $15,000,000.00, exclusive of environmental remediation costs.

Sec. 409. The funds appropriated in part 1 for the strategic outreach and attraction reserve fund must be deposited into the strategic outreach and attraction reserve fund established in section 4 of the Michigan trust fund act, 2000 PA 489, MCL 12.254.

Sec. 410. The legislature finds and declares that appropriations described in part 1 for the critical industry program and the Michigan strategic site readiness program are for a public purpose and serve the health, safety, and general welfare of the residents of this state.

Sec. 411. (1) Funds appropriated in part 1 for workforce and infrastructure grant shall be awarded to a township with a population between 11,800 and 11,950 according to the most recent federal decennial census for sewer and other infrastructure improvements in that township or within the jurisdiction of another local unit of government under an agreement with that local unit of government, or both, to facilitate private investment of at least $200,000,000.00.

(2) A grant award under subsection (1) shall be issued no earlier than November 29, 2022 and shall not be awarded to an otherwise eligible recipient that has received or been approved to receive a grant under section 88t of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088t, after September 15, 2022.

Sec. 412. The funds appropriated in part 1 for infrastructure improvement grant shall be awarded to a city with a population of 60,000 to 63,000 according to the most recent decennial census. Grant funds must be used for the construction of a new bypass road that would directly or indirectly result in the city’s acquisition of at least 40 acres of land to use for public recreation purposes.

Sec. 413. The funds appropriated in part 1 for downtown placemaking grant shall be awarded to a city with a population of 20,600 to 20,700 located in a county with a population of 99,000 to 100,000 according to the most recent federal decennial census to work with the city’s downtown development authority to remove blight; incentivize new residential development; create new parks, open spaces, trails, and other public amenities; and provide for river cleanup to improve recreation and drinking water.

Sec. 414. The funds appropriated in part 1 for municipal information technology and cybersecurity upgrades shall be awarded to a city with a population of 100,000 to 110,000 according to the most recent federal decennial census for information technology upgrades including, but not limited to, physical security for data centers, information technology infrastructure, and cybersecurity upgrades.

Sec. 415. (1) From the funds appropriated in part 1 for Michigan enhancement grants and economic development and workforce grants, the department shall execute a grant agreement with each recipient, pursuant to subsection (2). All grant funds are considered direct appropriations and, subject to receipt of all information under subsections (2) and (3), shall be disbursed by the department, as determined by the grant agreement. Any funds that are granted to a state department are appropriated in that department for the purpose of the intended grant. An initial disbursement of 50% shall be provided to the grantee upon execution of the grant agreement.

(2) The department shall execute a grant agreement with each recipient in order to receive funding. The grant agreement shall include, but is not limited to, all of the following:

(a) All necessary identifying information for the recipient, including any necessary tax identification information.

(b) A description of the project for which the grant funds will be expended, including tentative timelines and the estimated budget. No expenditures outside of the project purpose, as stated in the executed grant agreement, shall be reimbursed from appropriations in part 1. Funds appropriated in part 1 may be used only for expenditures that occur on or after the effective date of this act, unless specifically authorized in section 401 or 402.

(c) A requirement that after the initial 50% disbursement, additional funds shall be disbursed only after verification that the initial payment has been fully expended, in accordance with the project purpose. The remaining funds shall be disbursed in a manner specified in the grant agreement. The grantee must provide sufficient documentation, as determined by the department, to verify that all expenditures were made in accordance with the project purpose.

(d) A requirement for quarterly reports from the recipient to the department that provide the status of the project and an accounting of all funds expended by the recipient.

(e) A clawback provision that allows this state to recoup or otherwise collect any funds that are declined, unspent, or otherwise misused.

(3) The grantee shall respond to all reasonable information requests from the department related to grant expenditures and retain grant records for a period of not less than 3 years, and the grant may be subject to audit and site visits as determined by the department. The grant agreement required under subsection (2) shall include signed assurance by the chief executive officer or other executive officer of the grant recipient that this requirement will be met.

(4) All funds awarded shall be expended by the recipient, and projects completed, by September 30, 2026. If at that time, as evidenced by the quarterly reports, any unexpended funds remain, those funds shall be returned by the grantee to the state treasury. The state budget director may, on a case-by-case basis, extend this deadline, upon request by a grant recipient.

(5) If a grantee does not provide information sufficient to execute a grant agreement by May 1, 2023, funds associated with that grant shall be returned to the state treasury.

(6) The department shall provide quarterly updates on the accounting and status of each project to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office.

REPEALERS

Section 501. (1) Sections 991 and 1097 of article 5 of 2022 PA 166 are repealed.

(2) Section 818 of article 5 of 2021 PA 87 is repealed.

part 2A

provisions concerning appropriations

FOR FISCAL YEAR 2021-2022

general sections

Sec. 1201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1A for the fiscal year ending September 30, 2022 is $6,300,000.00 and total state spending from state sources to be paid to local units of government is $2,800,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

Sec. 1202. The appropriations made and expenditures authorized under this part and part 1A and the departments, commissions, boards, offices, and programs for which appropriations are made under this part and part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 1203. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this part and part 1A, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this part and part 1A for the particular department, board, commission, office, or institution.

Sec. 1204. Funds appropriated in part 1A must be allocated and expended in a manner consistent with federal rules and regulations.

Sec. 1205. Funds appropriated in part 1A are subject to applicable federal audit and reporting requirements. Prompt action shall be taken if instances of noncompliance are identified, including noncompliance identified in an audit finding. If any instance of noncompliance is identified, including noncompliance identified in an audit finding, the state budget director shall take necessary and immediate action to rectify it. The state budget director shall notify the senate and house appropriations committees and the senate and house fiscal agencies when an instance of noncompliance is identified.

Sec. 1206. The state budget director shall report on the status of funds appropriated in part 1A, and all funds appropriated related to the coronavirus relief effort, to the senate and house appropriations committees and the senate and house fiscal agencies on a monthly basis until all funds are exhausted.

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

Sec. 1301. The unexpended funds appropriated in part 1A for drinking water declaration of emergency are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is for lead service line replacement and restoration, mandatory filter replacement, and water testing for the city of Flint.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The tentative completion date is September 30, 2026.

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

Sec. 1401. The federal funds appropriated in part 1A for the unemployment insurance agency come from Michigan’s distribution of federal Reed act dollars, authorized in the temporary extended unemployment compensation act of 2002, Public Law 107-147, and shall be used to cover administrative costs of the unemployment insurance agency. Pursuant to section 26(c)(2) of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.26, these funds shall be transferred from the unemployment trust fund to the administration fund created in section 10 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.10. The state budget director is authorized to make the accounting transactions necessary for the implementation of this appropriation.

Sec. 1402. The unexpended funds appropriated in part 1A for the unemployment insurance agency are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to support administrative costs of the unemployment insurance agency.

(b) The projects will be accomplished by utilizing state employees or by contracts.

(d) The tentative completion date is September 30, 2023.

DEPARTMENT OF NATURAL RESOURCES

Sec. 1451. The unexpended funds appropriated in part 1A for wildlife management are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to support the pheasant release program.

(b) The projects will be accomplished by utilizing state employees or by contracts.

(d) The tentative completion date is September 30, 2023.

DEPARTMENT OF STATE POLICE

Sec. 1501. The unexpended funds appropriated in part 1A for federal ineligible expenses are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support expenses that are determined to be ineligible for federal reimbursement.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(d) The tentative completion date is September 30, 2026.

DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

Sec. 1601. In addition to the funds appropriated in part 1A, the department of technology, management, and budget may receive and expend money from the Michigan law enforcement officers memorial monument fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177, MCL 28.781 to 28.786. Any deposits made under this section and unencumbered funds are restricted revenues and shall be carried over into succeeding fiscal years.

Second: That the Senate and House agree to the title of the bill to read as follows:

Jim Stamas Ben Frederick

Jon Bumstead Greg VanWoerkom

Curtis Hertel, Jr.

Conferees for the Senate Conferees for the House

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 464 Yeas—25

Ananich Hertel McCann Stamas

Bayer Horn Moss VanderWall

Bizon Huizenga Outman Victory

Brinks LaSata Polehanki Wojno

Bullock Lauwers Schmidt Wozniak

Bumstead MacDonald Shirkey Zorn

Daley

Nays—8

Barrett Irwin McBroom Runestad

Chang Johnson Nesbitt Theis

Excused—5

Alexander Hollier McMorrow Santana

Geiss

Not Voting—0

In The Chair: Nesbitt

Senator Lauwers moved that the bill be given immediate effect.

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

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator McBroom as Chairperson.

House Bill No. 4491, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509o and 510 (MCL 168.509o and 168.510), section 509o as amended by 2018 PA 126.

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:

House Bill No. 6071, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 662 (MCL 168.662), as amended by 2004 PA 92.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Motions and Communications

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

House Bill No. 4491

House Bill No. 6071

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4491

House Bill No. 6071

The motion prevailed.

House Bill No. 4491, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 14b, 24k, 509o, 510, 761d, 765, and 765b (MCL 168.14b, 168.24k, 168.509o, 168.510, 168.761d, 168.765, and 168.765b), sections 14b, 24k, and 761d as added and sections 765 and 765b as amended by 2020 PA 177 and section 509o as amended by 2018 PA 126.

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

Roll Call No. 465 Yeas—32

Ananich Daley McBroom Shirkey

Barrett Hertel McCann Stamas

Bayer Horn Moss Theis

Bizon Huizenga Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Schmidt Zorn

Nays—1

Irwin

Excused—5

Alexander Hollier McMorrow Santana

Geiss

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”

The Senate agreed to the full title.

Senators Johnson 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 Johnson’s statement is as follows:

I rise to urge my colleagues to support this measure. We allowed for limited pre-processing of absentee ballots during the last even-year general election to help clerks be more efficient with the increased number of absentee ballots from no-reason absentee voting that was created by Proposal 3 in 2018. This process worked very well.

The legislation before us would remove the sunset to allow clerks to again use this tool to efficiently and securely process absentee ballots. This bill would also allow additional communities to participate and increase the time available for clerks to pre-process ballots to ready them for counting on Election Day. The bill also adds important election integrity measures important to the people of Michigan. This includes bipartisan legislation to allow county clerks to help remove deceased individuals from the voter rolls. It also improves security standards for absentee ballot drop boxes, including maintaining appropriate chain-of-custody for absentee ballots.

Finally, this bill contains a tie-bar to important bipartisan legislation that would help our brave men and women serving out of the country in our military to more easily vote while using existing technology to ensure security of their ballots. This bill maintains important safeguards for pre-processing, including requiring election inspectors from both parties and allowing for challengers to be present during this process.

I ask my colleagues to join me in supporting this bill.

Senator Moss’ statement is as follows:

It’s not every day that a liberal Democrat from metro Detroit champions Florida’s laws, but here we are. Back in 2020, recognizing the influx in absentee voting, Democrats here in Michigan introduced legislation to process these absentee ballots two weeks before Election Day, just to catch up further to states like Florida which allows for 22 days of processing these ballots ahead of the election. Michigan Republicans in 2020 instead went with only 24 hours of pre-processing, just enough time and scope to say they did something while also creating that space and scope for bad actors working in bad faith to wreak havoc as absentee ballots were reported late into the night.

Adding one more day here in Michigan is a step in the right direction, and I will vote for it. But I don’t want anybody here on Election Day this year to fill any voids with conspiracy theories when ballots are still being counted on Election Night because we did not give clerks the same lead time that election administrators have in Florida and Ohio and Kentucky and Arkansas and states all across the country. We could go much, much further.

House Bill No. 6071, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 662 (MCL 168.662), as amended by 2004 PA 92.

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

Roll Call No. 466 Yeas—33

Ananich Hertel McBroom Shirkey

Barrett Horn McCann Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Schmidt Zorn

Daley

Nays—0

Excused—5

Alexander Hollier McMorrow Santana

Geiss

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

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

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 842, entitled

The House of Representatives has appointed Representative Whiteford to replace Representative Albert as conferee.

The message was referred to the Secretary for record.

Senate Bill No. 844, entitled

The House of Representatives has appointed Representative Frederick to replace Representative Albert as conferee.

The message was referred to the Secretary for record.

Senate Bill No. 452, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 232 (MCL 257.232), as amended by 2019 PA 88.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senator Lauwers moved that the rule be suspended.

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

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

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

Roll Call No. 467 Yeas—33

Ananich Hertel McBroom Shirkey

Barrett Horn McCann Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Schmidt Zorn

Daley

Nays—0

Excused—5

Alexander Hollier McMorrow Santana

Geiss

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Senate Bill No. 1041, entitled

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

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 3 (MCL 24.203), as amended by 2011 PA 239.

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 question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Senate Bill No. 1042, entitled

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

A bill to amend 1984 PA 427, entitled “Municipal employees retirement act of 1984,” (MCL 38.1501 to 38.1555) by adding section 45b.

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 question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Senate Bill No. 1064, entitled

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

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 14, 217, 217c, 226, 226a, 233a, 235, 245, 248, 248d, 250, 251, 803, and 807 (MCL 257.14, 257.217, 257.217c, 257.226, 257.226a, 257.233a, 257.235, 257.245, 257.248, 257.248d, 257.250, 257.251, 257.803, and 257.807), section 14 as amended by 2021 PA 90, section 217 as amended by 2021 PA 71, section 217c as amended by 2018 PA 108, section 226 as amended by 2021 PA 112, section 226a as amended by 2006 PA 516, section 233a as amended by 2020 PA 304, sections 235 and 251 as amended and section 248d as added by 2012 PA 498, section 245 as amended by 1988 PA 276, section 248 as amended by 2018 PA 420, section 803 as amended by 2002 PA 490, and section 807 as amended by 2003 PA 152.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senator Lauwers moved that the rule be suspended.

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

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

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

Roll Call No. 468 Yeas—33

Ananich Hertel McBroom Shirkey

Barrett Horn McCann Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Schmidt Zorn

Daley

Nays—0

Excused—5

Alexander Hollier McMorrow Santana

Geiss

Not Voting—0

In The Chair: Nesbitt

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Senate Bill No. 1166, entitled

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

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 4a (MCL 722.954a), as amended by 2016 PA 190.

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 question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Senator Lauwers moved that the Committee on Education and Career Readiness be discharged from further consideration of the following bill:

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

House Bill No. 5703, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 10a.

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

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

House Bill No. 5703

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

By unanimous consent the Senate returned to the order of

Resolutions

Senator Runestad offered the following resolution:

Senate Resolution No. 171.

A resolution to condemn the federal government’s expansion of the Internal Revenue Service through the proposed Inflation Reduction Act of 2022.

Whereas, The Inflation Reduction Act will allow nearly five hundred billion dollars in new spending by our federal government over the next decade, with almost eighty billion dollars being directed to the Internal Revenue Service’s (IRS) budget. The budget allocations of this law spell out the current Administration’s big-government intentions for the future of the IRS. Over forty-five billion dollars will be directed to “enforcement” while a meager three billion is expected to be used for “taxpayer services.” As part of these budgetary expansions, the IRS would hire eighty-seven thousand new employees, making this agency larger than the FBI, Pentagon, State Department, and Border Patrol combined. This Act is not intended to benefit Americans – it is just the latest development in this Administration’s police state agenda; and

Whereas, This bloating of the IRS’s budget and staff also comes at the same time Americans are learning of the massive stockpiling of weapons and ammunition by the government agency. The latest data, released in a 2020 report analyzing the militarization of federal agencies in years prior, found that the IRS had thousands of rifles, shotguns, pistols, and submachine guns as well as an arsenal of over five million rounds of ammunition. Additionally, a 2017 report by the Treasury Inspector General for Tax Administration found that the IRS’s Criminal Investigation Division repeatedly violated the civil rights of Americans under the guise of enforcing tax laws and seizing taxpayer property. Michiganders are right to fear a massive budget expansion for a tax collection agency that feels it necessary to arm itself to the teeth in pursuit of collecting our citizens’ hard-earned money with little to no restraint; and

Whereas, In 1974, then-President Gerald Ford warned Congress that “[a] government big enough to give you everything you want is a government big enough to take from you everything you have.” This Administration represents just the latest installment in a half-century long tradition of paying no heed to past generations’ commonsense understanding that government should play a minimal role in our lives. As the only President who was a fellow Michigander, it is appropriate for our citizens to take seriously President Ford’s warning and strongly condemn this massive expansion of a federal agency that only exists by virtue of our collective tax dollars. The Inflation Reduction Act would hand over tens of billions of dollars to create an IRS big enough – and well-armed enough – to take whatever it wants from our citizens whenever it pleases; now, therefore, be it

Resolved by the Senate, That we condemn the expansion of the Internal Revenue Service through the Inflation Reduction Act of 2022; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.

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

Senator Lauwers moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Barrett requested the yeas and nays.

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

The resolution was adopted, a majority of the members voting therefor, as follows:

Roll Call No. 469 Yeas—22

Barrett Johnson Outman Theis

Bizon LaSata Runestad VanderWall

Bumstead Lauwers Schmidt Victory

Daley MacDonald Shirkey Wozniak

Horn McBroom Stamas Zorn

Huizenga Nesbitt

Nays—5

Chang McCann Moss Wojno

Irwin

Excused—5

Alexander Hollier McMorrow Santana

Geiss

Not Voting—6

Ananich Brinks Hertel Polehanki

Bayer Bullock

In The Chair: Nesbitt

Senator Barrett was named co-sponsor of the resolution.

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

The motion prevailed.

Senator Runestad’s statement is as follows:

Congress recently passed and the President signed the Inflation Reduction Act of 2022, but what it really should have been called was the IRS expansion act. I rise today to ask my colleagues to join me in condemning the federal government’s unnecessary and disturbing expansion of the IRS by adopting Senate Resolution No. 171. Almost $80 billion of this $500 billion spending spree has been directed to the IRS budget for enforcement and taxpayer services. The IRS will now be able to hire 87,000 new employees, making the tax agency larger than the FBI, the State Department, and the Border Control all combined. We also learned that many of these new agents were to be armed and ready for use in force from the early job descriptions that were posted but then very quickly removed.

Their bulking-up of the IRS only adds to the troubling trend of building bigger government that has become the hallmark of the Biden administration. The FBI has already been directed to target average Americans as a potential domestic terrorist if they exercise their civil liberty to speak up at local school board meetings. And the President himself recently declared half of Americans to be political extremists for not joining his part of the party from an ominous red shadow of Independence Hall.

Additionally troubling is that in 2017, a Treasury Inspector General report found that the IRS criminal investigative division repeatedly violated the civil rights of American citizens under the guise of enforcing tax laws and seizing taxpayer property. What are we to make of this latest development to make the IRS into an unofficial branch of the U.S. military? Many Michiganders and other law-abiding citizens are gravely concerned that this new and more fully armed IRS will be used to punish the administration’s political opponents. Or, perhaps, it will be used against the poor and most vulnerable who suffer the most. The Transactional Records Access Clearinghouse at Syracuse University recently found that low-income households with less than $25,000 in annual earnings are five times as likely to be audited by the IRS as everyone else. Another recent study found that the House Republicans estimated Americans who earn less than $75,000 per year can expect to receive a 60 percent increase in additional tax audits under the provisions of the Inflation Reduction Act.

In 1974, President Ford warned Congress that big government is big enough to give you everything you want but big government is also big enough to take everything you have. I ask you to join me now in echoing our fellow Michigander’s warning. I ask you to condemn the recent expansion of the IRS through the misleading Inflation Reduction Act. I ask you to condemn government that has grown too big and now poses a real and present threat to the danger of our liberties.

Senator LaSata offered the following resolution:

Senate Resolution No. 172.

A resolution to oppose the use of taxpayer resources by Michigan’s public universities and/or community colleges to engage in partisan political activities or to influence the outcome of elections.

Whereas, Michigan’s fifteen public universities and twenty-eight community colleges are public institutions entrusted with more than $2.5 billion dollars of taxpayer funds annually. It is inappropriate for these government entities to utilize public funds to engage in partisan political activism; and

Whereas, Respect for differing opinions and thoughtful consideration of divergent political viewpoints are cornerstones of Michigan’s public universities and community colleges. Trust in institutions of higher education is threatened by the perception that they are engaging in partisan politics; and

Whereas, Members of the Michigan State University Board of Trustees Committee on Academic Affairs offered a resolution intended to pressure university vendors to cease their support of certain elected officials, candidates, and political parties. Such a resolution is a blatant attempt to utilize state resources to affect the outcome of an election; and

Whereas, The Committee on Academic Affair’s resolution, regardless of whether it is passed or not, sends a message to vendors that their personal political contributions are being monitored. Furthermore, a resolution of this nature could encourage other institutions of higher education to use public funds to engage in partisan politics; now, therefore, be it

Resolved by the Senate, That we oppose the use of taxpayer resources by Michigan’s public universities and/or community colleges to engage in partisan political activities or to influence the outcome of elections; and be it further

Resolved, That copies of this resolution be transmitted to the governing boards of Michigan’s state funded public universities and community colleges.

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

Senator Lauwers moved that the rule be suspended.

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