No. 36
STATE OF
MICHIGAN
Journal of
the Senate
103rd
Legislature
REGULAR
SESSION OF 2025
Senate Chamber, Lansing, Thursday, April 24, 2025.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Jeremy Moss.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Albert—present Hauck—present Moss—present
Anthony—present Hertel—present Nesbitt—present
Bayer—present Hoitenga—present Outman—present
Bellino—present Huizenga—present Polehanki—present
Brinks—present Irwin—present Runestad—present
Bumstead—present Johnson—present Santana—present
Camilleri—present Klinefelt—present Shink—present
Cavanagh—present Lauwers—present Singh—present
Chang—present Lindsey—present Theis—excused
Cherry—present McBroom—present Victory—present
Daley—present McCann—present Webber—present
Damoose—present McMorrow—present Wojno—present
Geiss—present
Senator Rick
Outman of the 33rd District offered the following invocation:
Dear Father, thank You for this day and for
another opportunity to serve You. Your servant Moses commanded us to, “love
your neighbor as yourself,” but Your Son Jesus gave us a new command, a new
standard, an even higher standard. Jesus said, “Love one another as I have
loved you.” But how do we model that love? A love so perfect that He was
willing to leave an indescribable and perfect paradise to come down and enter
into a sinful and depraved humanity, living a life of complete servitude,
knowing all the while that it would end both abruptly and violently. Suffering
the shame, humiliation, pain, and death on the cross, not because of any wrong
He committed but because of His love for us. How can we possibly model that
level of love in our community? The truth is we can’t, but with God, all things
are possible. As we go through our deliberations today, please, Father, give us
that spirit of love. In Your Son’s name I pray. Amen.
The President pro tempore, Senator Moss, led
the members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator Lauwers moved that Senator Theis be
excused from today’s session.
The motion prevailed.
Senator Singh moved that Senators Brinks and
Geiss be temporarily excused from today’s session.
The motion prevailed.
Senator Brinks entered the Senate Chamber.
Senator Singh moved that the rules be
suspended and that the following bills, now on Committee Reports, be placed on
the General Orders calendar for consideration today:
Senate
Bill No. 3
Senate
Bill No. 4
Senate
Bill No. 5
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate proceeded to
the order of
General Orders
Senator Geiss entered the Senate Chamber.
Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Cherry as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Geiss, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 99, entitled
A bill to amend 2023 PA 281, entitled “Public officers financial disclosure act,” by amending sections 3, 5, 7, 11, 13, and 15 (MCL 15.703, 15.705, 15.707, 15.711, 15.713, and 15.715).
Senate Bill No. 100, entitled
A bill to amend 2023 PA 282, entitled “Candidate for office financial disclosure act,” by amending sections 3, 5, 7, 11, and 13 (MCL 169.303, 169.305, 169.307, 169.311, and 169.313).
Senate Bill No. 4, entitled
A
bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100
to 500.8302) by adding section 3406tt.
Senate Bill No. 5, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109o.
The bills were placed on the order of Third
Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 3, entitled
A bill to provide for a cost and affordability review of certain prescription drug products; to create the prescription drug pricing board and prescription drug affordability stakeholder council and to prescribe their powers and duties; to provide for the powers and duties of certain state governmental officers and entities; to establish upper payment limits for certain prescription drug products and provide remedies; and to provide for the promulgation of rules.
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 Singh moved that the rules be
suspended and that the following bills, now on the order of Third Reading
of Bills, be placed on their immediate passage:
Senate
Bill No. 3
Senate
Bill No. 4
Senate
Bill No. 5
Senate
Bill No. 99
Senate
Bill No. 100
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate proceeded to
the order of
Introduction and Referral of
Bills
Senator Webber introduced
Senate
Joint Resolution B, entitled
A joint resolution proposing an amendment to
the state constitution of 1963, by amending section 37 of article IV, to
provide for approval by the legislature of any rule or regulation promulgated
by an administrative agency with a compliance cost of $1,000,000.00 or more
within five years after implementation of the rule or regulation.
The joint resolution was read a first and
second time by title and referred to the Committee on Government Operations.
Senator Albert introduced
Senate
Bill No. 262, entitled
A bill to amend 1943 PA 240, entitled “State
employees’ retirement act,” by amending sections 55, 58, 63, 63a, and 69 (MCL
38.55, 38.58, 38.63, 38.63a, and 38.69), section 55 as amended and section 63a
as added by 2011 PA 264, sections 58 and 63 as added by 1996 PA 487, and
section 69 as amended by 2002 PA 99.
The bill was read a first and second time by
title and referred to the Committee on Labor.
Senator Albert introduced
Senate
Bill No. 263, entitled
A bill to require certain bonus payments to
certain qualified employees; and to provide for the powers and duties of
certain state and local governmental officers and entities.
The bill was read a first and second time by
title and referred to the Committee on Labor.
Senator Bellino
introduced
Senate
Bill No. 264, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 1113 (MCL 436.2113), as
amended by 2011 PA 27.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Affairs.
By unanimous consent the Senate returned to
the order of
Resolutions
Senator Singh moved that
rule 3.204 be suspended to permit immediate consideration of the following
resolutions:
Senate
Resolution No. 34
Senate
Resolution No. 35
Senate
Resolution No. 36
The motion prevailed, a majority of the
members serving voting therefor.
Senators Theis, Moss, Polehanki, Damoose, Victory, Bellino, Hoitenga, Huizenga and Lauwers offered the following resolution:
Senate Resolution No. 34.
A resolution to recognize April 29, 2025, as End Jew-Hatred Day.
Whereas, For millennia, the Jewish people have sustained their shared religious, cultural, and ethnic identity and traditions in the face of enslavement, persecution, genocide, segregation and discrimination; and
Whereas, The Jewish community has continued to be subjected to antisemitism and Jew-hatred, including discrimination in the workplace, on school campuses, and in public spaces; and
Whereas, Hate crimes directed against the Jewish
community have skyrocketed in recent years, inspiring and empowering Jewish
people to discover and embrace their heritage, without fear of attack or
persecution; and
Whereas, We all share an obligation to condemn and combat Jew-hatred in all of its forms; and
Whereas, We recognize the urgent need to stand against Jew-hatred so that the intergenerational trauma of the past shall never be repeated; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 29, 2025, as End Jew‑Hatred Day; and be it further
Resolved, That we set aside political differences, unite with singular purpose to condemn Jew-hatred in all of its forms, and stand resolute to end the discrimination and persecution of the Jewish people.
The question being on the adoption of the
resolution,
Senator Singh moved that consideration of the
resolution be postponed for today.
The motion prevailed.
Senators Chang and Wojno were named
co-sponsors of the resolution.
Senator Moss offered the following resolution:
Senate Resolution No. 35.
A resolution to recognize April 23-24, 2025, as Holocaust Remembrance Day.
Whereas, The horrors of the Holocaust should never be forgotten. The Holocaust was the state-sponsored systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators from 1933-1945; and
Whereas, The Holocaust resulted in the extermination of six million Jews and their potential decedents. The world’s Jewish population was reduced by one-third; and
Whereas, Poland, home to the largest Jewish community before World War II, lost 90 percent of its Jewish population. Greece, Yugoslavia, Hungary, Lithuania, Bohemia, the Netherlands, Slovakia, and Latvia each lost more than 70 percent of their Jewish population; and
Whereas, Millions more suffered grievous oppression and death under Nazi tyranny based on their religion, including Catholic priests, Christian pastors, and Jehovah’s Witnesses; their national origin, including Poles, Soviets, Ukrainians and Sorbs; their ethnicity and culture, including the Romani people; their political beliefs, including courageous resisters and government dissidents; their physical appearance, including those with disabilities; and their sexual orientation and gender identity; and
Whereas, The same conspiracies, hatred, and acts of cruelty against Jews still persist today. The Anti-Defamation League’s most recent report tracked that antisemitic incidents increased 140 percent, including an increase in assaults by 45 percent, harassment by 184 percent, and acts of vandalism by 69 percent. This data amounts to the highest level of antisemitism in the 45 years these incidents have been tracked, as well as a significant increase over 2022 which set the previous record for antisemitic incidents; and
Whereas, The history of the Holocaust must instruct the moral and ethical responsibilities of individuals, societies, and government when confronting antisemitism. It serves as an important reminder of what can happen when we allow bigotry, hatred, and indifference to enter and conquer our societies in moments of peril for Jewish populations. These lessons must not expire; and
Whereas, The state of Michigan, through PA 170 of 2016, requires that the social studies curriculum for grades 8 to 12 includes age- and grade-appropriate instruction about genocide so students learn about past atrocities, factually and comprehensively. This education provides future generations the tools to ensure the evils in history are not repeated; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 23-24, 2025, as Holocaust Remembrance Day; and be it further
Resolved, That in honor of the victims of the Holocaust, the survivors, and their liberators, the citizens of Michigan should reflect upon this terrible event and strive to overcome hatred and intolerance through both learning and remembrance.
The question being on the adoption of the
resolution,
The resolution was adopted.
Senators Chang, McMorrow, Polehanki and Wojno
were named co-sponsors of the resolution.
Senator Moss asked and was granted unanimous
consent to make a statement and moved that the statement be printed in the
Journal.
The motion prevailed.
Senator Moss’ statement is as follows:
On this Yom
HaShoah, as we continue to see a rise in antisemitism in its various forms, I
want to share one of the more harrowing episodes from the very tragic history
of the Holocaust. We often think about that history as happening over there,
but as our country is clearly going through a moment of tension on many fronts,
there is an American piece of this history to recall and learn from.
In late 1938,
Kristallnacht, a violent pogrom, broke out in Germany and Austria, during which
the glass windows of Jewish-owned businesses were shattered, Jewish livelihoods
were looted, Jewish synagogues were set ablaze while firefighters watched and
did nothing, and even Jewish cemeteries were desecrated. This proved to be a
literal do-or-die moment for German Jews. Tens of thousands fled.
Months later,
in the spring of 1939, the MS St. Louis was
one of the last passenger ships to leave Germany before the outbreak of World
War II, carrying more than 900 Jews seeking refuge out of the emerging
Holocaust. The ship was destined for Cuba, where the passengers had transit
visas and where most of the passengers would await the processing of their visa
applications into the United States, but 40,000 Cubans demonstrated in the
streets in what would be the largest antisemitic rally in Cuban history to
oppose the ship’s arrival. Indeed, by the time it arrived weeks later, the
Cuban government refused entry to the Jewish passengers. A days-long standoff
ensued with Jewish organizations leading advocacy and negotiations, calling on
the U.S. government to intervene, drawing tremendous newspaper attention, and
eliciting support here in the United States. A ship with nowhere to go,
carrying passengers with nowhere to live, moved toward the United States coast
and made a desperate appeal to the State Department. The passengers literally
could see the lights and palm trees in Miami as our government turned them
away.
Several
European countries did answer the call of these Jewish organizations
desperately trying to save these people, taking in roughly equal shares of the
passengers. About 280 Jews who were brought into Great Britain survived
the war. But of the remaining passengers, who by happenstance were admitted
into mainland European countries, 254 were killed in the Holocaust, including
in Auschwitz.
As a Jew, I
reflect a lot on the Holocaust—on Yom HaShoah, on instances of antisemitism
when they arise, and sometimes just randomly. I often conjure up this image of
the plight of the Jewish man, the Jewish woman, the Jewish child, dying in
Auschwitz who had just years before been so close to the United States, could
be so close to Miami and thinking in their dying moments, I was almost there. I
saw the palm trees.
We can learn
this history and still not let it diminish that the United States defeated
Hitler and Nazism. Today, the United States today is the safest country in the
world to be Jewish, but with hate crimes rising we still have to listen to
Jewish voices in peril. The United States is the best country in the world to
be a religious minority, but we cannot ignore bigotry, intolerance, and
discrimination. The United States is a lifeline to immigrants from every
nation, but we still have to welcome them here.
People all
over the world seek refuge in the United States because we value freedom and
liberty more than any other country on Earth. That’s why when we slip, when we
fail to live up to those ideals, it harms those even more who seek opportunity,
a better life, and survival. These are the lessons from the St. Louis. They were true then, and they
are true today.
Senator Anthony offered the following resolution:
Senate Resolution No. 36.
A resolution to recognize April 28, 2025, as Workers’ Memorial Day.
Whereas,
Every year on April 28, communities and worksites around the world honor
friends, family members, and colleagues who have been killed or injured on the
job; and
Whereas, In 2023, The Federal Bureau of Labor Statistics estimated that 5,283 workers were killed by traumatic injuries on the job. On average, a worker died every 99 minutes from a work-related injury; and
Whereas, In Michigan, 166 workers were lost through fatal workplace accidents in 2023; and
Whereas, It is appropriate to honor the memory of the courageous and dedicated members of Michigan’s labor force who have been injured or disabled or have died as a result of workplace accidents; and
Whereas, It is necessary to recognize the integrity of Michigan’s workforce and its achievements on behalf of the economic growth of our state; and
Whereas, We remember those who have died in workplace catastrophes, suffered occupation-related diseases, or have been injured due to dangerous conditions; and
Whereas, We renew our effort to seek stronger workplace safety and health protections, better standards, enforcement, and fair and just compensation. We rededicate ourselves to improving both safety and health in every workplace; now therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 28, 2025, as Workers’ Memorial Day. We pay tribute to the workers who have died or been injured or disabled in workplace accidents; and be it further
Resolved, That we urge all citizens to recognize and honor the contributions of Michigan’s workforce and call for increased workplace safety standards.
The question being on
the adoption of the resolution,
The resolution was
adopted.
Senators Chang,
McMorrow and Polehanki were named co-sponsors of the resolution.
Senator Anthony asked
and was granted unanimous consent to make a statement and moved that the
statement be printed in the Journal.
The motion prevailed.
Senator Anthony’s statement is as follows:
April 28 is Workers’ Memorial Day, a day to
remember the sacrifices made by countless hardworking individuals while on the
job. This day serves as a solemn reminder that behind every statistic is a
name, a story, and a family left forever changed.
In 2023, workplace hazards killed approximately
140,000 workers, over 5,000 of whom lost their lives to traumatic workplace
injuries. One hundred sixty-six of those were right here in the state of
Michigan. What’s more, an estimated 135,000 additional people died from
occupational diseases. These are individuals who left their homes expecting to
come back in time for dinner, who worked hard to build up their communities,
and to keep our economy moving, and they deserved better. Workers’ Memorial Day
is not just about remembering their lives, but also about uplifting our
responsibilities to protect workers. We have a duty to protect those who labor
in our factories, on our roads, and in our hospitals, schools, and farms. Safe
working conditions are not a privilege; they are a right, a right that everyone
deserves.
Today, by recognizing Workers’ Memorial Day, we
honor the memory of those we’ve lost and recommit ourselves to ensuring no more
lives are needlessly lost. We call for stronger protections, greater
accountability, and a renewed focus on workplace safety so that every worker in
Michigan and across this nation can return home safely at the end of the day. I
urge you to support this resolution so we can honor their memory through our
actions, not just our words.
Senator Klinefelt
asked and was granted unanimous consent to make a statement and moved that the
statement be printed in the Journal.
The motion prevailed.
Senator Klinefelt’s statement is as follows:
Truman Langlois is a senior at MSU and he’s about to graduate with a
bachelor’s degree in political theory and constitutional democracy. What can I
tell you about Truman? He came to intern in our office in January and we pretty
much just locked him in a room and made him work the whole time. We’d be
sitting around at our conference table, eating lunch—has anybody seen Truman?
Is Truman here? He’s very quiet. You’d hear in our office often, Is Truman here
today? Did Truman go somewhere? The poor guy has had—
I have a terrible sense of humor and the poor guy has had to deal with
me and deal with my sense of humor and the rest of the office, but he’s done
real quality work for us. He’s done a lot of policy research on mileage‑based
user fees, he’s been looking into ranked choice voting—we have to have a
meeting to discuss that—he’s worked on earned sick time and tip credit
legislation. He’s written tributes, letters, done a lot of constituent work; you
know how hard constituent work can be. We’ve also had to double and triple book
meetings, and had Truman in meeting with a lot of stakeholders on a lot of
issues.
He’s going to
take all of those experiences with him. He used them to write a research
project that had to do with Senate voting history based on party alignment. We’ve
absolutely enjoyed having him and we’re going to miss him tremendously.
By unanimous consent the Senate returned to
the order of
Third Reading of Bills
Senator Singh moved that the Senate proceed to consideration of the following bills:
Senate
Bill No. 99
Senate
Bill No. 100
The motion prevailed.
The following bill was read a third time:
Senate
Bill No. 99, entitled
A bill to amend 2023 PA 281, entitled “Public
officers financial disclosure act,” by amending sections 3, 5, 7, 11, 13, and
15 (MCL 15.703, 15.705, 15.707, 15.711, 15.713, and 15.715).
The question being on the passage of the bill,
The bill was passed, a majority of the members
serving voting therefor, as follows:
Roll
Call No. 66 Yeas—35
Albert Daley Klinefelt Polehanki
Anthony Damoose Lauwers Runestad
Bayer Geiss Lindsey Santana
Brinks Hauck McBroom Shink
Bumstead Hertel McCann Singh
Camilleri Hoitenga McMorrow Victory
Cavanagh Huizenga Moss Webber
Chang Irwin Nesbitt Wojno
Cherry Johnson Outman
Nays—1
Bellino
Excused—1
Theis
Not
Voting—0
In The Chair: Geiss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate
Bill No. 100, entitled
A bill to amend 2023 PA 282, entitled “Candidate
for office financial disclosure act,” by amending sections 3, 5, 7, 11,
and 13 (MCL 169.303, 169.305, 169.307, 169.311, and 169.313).
The question being on the passage of the bill,
The bill was passed, a majority of the members
serving voting therefor, as follows:
Roll
Call No. 67 Yeas—33
Albert Daley Johnson Outman
Anthony Damoose Klinefelt Polehanki
Bayer Geiss Lauwers Santana
Brinks Hauck McBroom Shink
Bumstead Hertel McCann Singh
Camilleri Hoitenga McMorrow Victory
Cavanagh Huizenga Moss Webber
Chang Irwin Nesbitt Wojno
Cherry
Nays—3
Bellino Lindsey Runestad
Excused—1
Theis
Not
Voting—0
In The Chair: Geiss
The Senate agreed to the title of the bill.
Senator Singh moved that the Senate proceed to consideration of the following bills:
Senate
Bill No. 3
Senate
Bill No. 4
Senate
Bill No. 5
The motion prevailed.
The following bill was read a third time:
Senate
Bill No. 3, entitled
A bill to provide for a cost and affordability
review of certain prescription drug products; to create the prescription drug
pricing board and prescription drug affordability stakeholder council and to
prescribe their powers and duties; to provide for the powers and duties of
certain state governmental officers and entities; to establish upper payment
limits for certain prescription drug products and provide remedies; and to
provide for the promulgation of rules.
The question being on the passage of the bill,
Senator Runestad offered the following amendment:
1. Amend page 4, line 23, after “state” by inserting “or if the individual has made a personal political contribution to the governor”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Lindsey offered the following amendment:
1. Amend page 12, following line 17, by inserting:
“(k) The average
monetary price concession, discount, or rebate that is retained by pharmacy
benefit managers in this state compared to the average monetary price
concession, discount, or rebate that is passed on to prescription drug product
purchasers.
(l) The average monetary concession, discount, or rebate that prescription drug product purchasers retain compared to the average monetary concession, discount, or rebate that is passed on to patients.” and relettering the remaining subdivision.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Nesbitt offered the following amendment:
1. Amend page 16, following line 7, by inserting:
“Sec. 27. This act does not apply beginning 3 years after the effective date of this act.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Webber offered the following amendment:
1. Amend page 4, line 15, after “administration.” by inserting “At least 1 member of the board must be an individual who advocates for patients.”.
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members
serving voting therefor, as follows:
Roll
Call No. 68 Yeas—20
Anthony Chang Irwin Polehanki
Bayer Cherry Klinefelt Santana
Brinks Damoose McCann Shink
Camilleri Geiss McMorrow Singh
Cavanagh Hertel Moss Wojno
Nays—15
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Victory
Bumstead Johnson Nesbitt Webber
Daley Lauwers Outman
Excused—1
Theis
Not
Voting—1
Huizenga
In The Chair: Geiss
The Senate agreed to the title of the bill.
Protests
Senators Albert, McBroom and Bellino, under
their constitutional right of protest (Art. 4, Sec. 18), protested against the
passage of Senate Bill No. 3.
Senators Albert and McBroom moved that the
statements they made during the discussion of the bill be printed as their
reasons for voting “no.”
The motion prevailed.
Senator Albert’s
statement is as follows:
This bill
before us today really is about, How do we want our system to work? Do we want
a free market system or do we want a government-controlled collectivist system?
That’s the question, and that’s the question because if you look at what this
bill does, it implements a board that controls prices. If I’m wrong about that,
I hope somebody will correct me because the way I read it, this board can put
caps on prices.
What’s the big
significance of that? We all want cheaper prescription drugs. We all want that.
I commend that for my colleagues on the other side of the aisle. But what’s
going to happen? What always happens when the government gets involved in
controlling prices? This isn’t rocket science. This is something that we’ve
seen over and over and over again, and it’s very tiring to see how all the data
can be ignored. I wish I could come up with some great, impassioned, emotional
speech that would draw people to this. All I can do though is rely on the data
and the facts, and I guess it’s not very exciting.
When you
ignore that, what you’re left with, you’re left with people that are not as
well off. They have less. This bill is not going to help people. This bill is
not going to lower prices. Why? What are the tenets of a free market? First
off, No. 1 is private property. OK, so we’ve crossed the hurdle on this one.
This bill does not violate private property rights directly. What’s the second
part of a free market, the second tenet? Competition. Competition spurs
innovation and entrepreneurship, and competition regulates the economy. When
people decide they want a certain product, they go and they buy it, and it’s
kind of like they’re casting their vote on where they want production. It’s
very decentralized. It regulates through supply and demand in an efficient
manner. When that gets substituted by a board of people—a centralized board of
several people, a handful of people who are going to be making the decisions on
behalf of millions of people—it creates a massive opportunity for
inefficiencies. What if they make a mistake? What if they become corrupt and
somebody gets to them? That happens so often. The risks of this bill are so
glaringly obvious. I cannot believe it’s even up here for a vote.
Well, what’s
going to happen? Why do we have such a disproportionate amount of innovation in
pharmaceuticals in the United States of America as opposed to the rest of the
globe? Why do we have so much of the innovation? It’s because the producers are
free to innovate and they are free to have the market regulate the supply and
the demand of the product. If you eliminate that, there’s no incentive for
innovation or entrepreneurship. It goes away. The competition is destroyed.
This does not benefit people. This hurts people. Illnesses that we want to see
healed are not going to be healed. This is a bad idea. It’s anti-competitive.
It’s anti-free market. What ends up happening is when you take away basic free
market principles, it ends up hurting society as a whole. As Friedrich Hayek
said in his book The Road to Serfdom
and I’m paraphrasing, I don’t know the direct quote but, the march to serfdom
doesn’t just happen in one step, it’s a slow walk. This is a step down that
road toward a society that’s not free. Freedom is indivisible. If you try to
divide it apart and like, well, We’ll have freedom here but not here, it doesn’t
work that way. I’m sorry, if you take away freedom in the economy, you take
away freedom in the society is the whole.
Senator
McBroom’s statement, in which Senator Bellino concurred, is as follows:
I don’t have,
you know, a sophisticated argument as some of my other colleagues do on this
issue, but I do appreciate the previous speaker giving us a little bit of a
lesson on how broken the system is. I’m a little bit, you know, shocked to even
reference the insurance companies as a source of information on this because I don’t
feel like they’re a good actor or a good relayer of
information of honesty and truth when it comes to health care costs either, but
let’s emphasize in particular the point that was made, that our medical care
system right now in America is not primarily a free market system. I would
agree with that analysis, and look at what a disaster it is. I mean, it’s an
unmitigated disaster.
None of the
main players at the table, whether it’s the pharmaceutical companies, the
insurance companies, or the providers, have a monopoly on integrity in this.
They’re all scoundrels, all scamming the system, all jilting the payers of this
country into paying exorbitant costs that are out of control, that are
bankrupting people, putting our businesses at risk, putting our families at
risk, and putting our governments at risk with unmitigated debt. It is a
disastrous system that’s going on, and then to pretend that we can somehow fix
the disaster we’ve made by doubling down on it just seems to me to be the
height of lack of understanding of what history tells us about what we’ve done,
about what happens when we have price controls.
So we’re going
to put a ceiling in. Sounds great. That’s going to be the price. I mean, right
now the U.S. government fiddles with the dairy markets all the time and
they tell the cheese makers, Here’s the maximum amount you can make per pound
of cheese. Well, guess what, that’s how much they charge. And then they come
along every few years, Oh, we don’t make enough money anymore. You got to raise
our price up. Well, that’s what happens. Lack of free market is killing other
industries too. The more—and what do we do? What do farmers do? What do sick
people do? They run back to the government. They’re like, Hey, do some more
government for us and fix our problems. And then the problems get worse. This
is a solution that would be akin to taking my broken car and saying, Let’s cut
a hole in the floor and use our feet. Maybe we’ll install a horse in the car.
That’ll work great. And that’s the functional equivalence of this plan. What,
to really think that we’re going to drive down prices? It’s not going to work.
History shows
us it doesn’t work. Our current experience shows us it’s not working. I would,
I mean, let’s do something dramatic here that would actually make a difference.
Let’s eliminate some of these insurance mandates that we force on people that
are clearly not free market and haven’t saved us. Obamacare hasn’t made health
care cheaper. Well, shocker. I didn’t see that coming. Medicaid expansion hasn’t
made health care cheaper, hasn’t stopped people from being bankrupted. Shocker.
I so appreciate what we’re trying to do for people, but we’re failing to
actually consider the history and the facts, and what will happen is it’s not
going to do what we think it will do. It’s not going to help. Other states have
already tried these control boards and they’re not helping there either. I
encourage a “no” vote.
Senators Runestad, Lindsey, Nesbitt, Webber,
Camilleri, Damoose and Irwin asked and were granted
unanimous consent to make statements and moved that the statements be printed
in the Journal.
The motion prevailed.
Senator
Runestad’s statement is as follows:
I first want
to thank my colleagues on the other side of the aisle for their recent all-night
vigil and prayers and supplications to the heavens that my voice be restored. I’m
very, very appreciative.
This amendment
is about one thing: transparency. We need to put an end to the pay-to-play
politics. We need take a stand against potential political corruption. My
amendment would simply ban any appointments if the potential appointee has made
political contributions to the Governor making the appointment. We shouldn’t be
allowing powerful positions, such as those overseeing prescription drugs which
affect health and pocketbooks of Michigan families, to be handed out as
political kickbacks. That is not right. Corruption shouldn’t be allowed to
fester because of the work done in this chamber. In fact, we have a
responsibility to make sure it doesn’t happen. I urge a “yes” vote on my
amendment to protect the integrity of this board and to prevent cronyism and
political kickbacks.
Senator
Lindsey’s statement is as follows:
We’re here
once again discussing prescription drug affordability. The solution presented
to us by the Democrats is again a government price-setting scheme through a
bureaucratic board, which I will continue to oppose. But the conversation is
important and so, going through the legislation, I noticed a couple of things
that I thought were noteworthy, and one major oversight.
The oversight
is that this legislation doesn’t address what happens in the drug supply chain
with pharmacy benefit managers. The problem from a consumer/patient standpoint
is that they know very little about what happens upstream before they purchase
a prescription drug. The manufacturers may enter into a rebate scheme with the
PBMs, and that part is addressed in the legislation, so I thought there also
was an opportunity to provide information to the board about the PBMs and what
happens to that rebate afterwards. The average consumer would probably think
that that rebate is there in order to defray costs and reduce costs so that
their drugs would be more affordable, but this board would not really have an
ability, as written right now, to even access that information. I think it’s
important for us to know if those PBMs which, once upon a time could have
served potentially as a check to the insurance companies and other players in
this space, they’ve now been purchased by the insurance companies, so the same
people who set the formularies and determine access to drugs are pocketing huge
amounts of these rebates. It’s a black box right now where we don’t know. We
don’t have any transparency on this.
I have
advocated for transparency in healthcare pricing from hospitals to all sorts of
other areas. This amendment is another attempt to require we have more
transparency in this system. It would require information about rebates being
kept by the PBMs and by payers to be reported to the board, which could have a
massive impact on whatever viability this board has in being able to address
drug pricing. I urge a “yes” vote on my amendment.
Senator
Nesbitt’s statement is as follows:
I rise to support
my amendment and ask other members to support my amendment. The results from
this government price-fixing scheme across the country are not delivering the
promise that supporters said they would deliver. While some are surprised that
a Soviet-style price-fixing scheme doesn’t actually work, perhaps we could all
agree that review will be needed before continuing this inevitable bureaucratic
boondoggle. My amendment would simply put a three-year sunset on this package
that will require an active review from the Legislature after three years
before permanently embedding this costly statist scheme into our government
that has shown it doesn’t work in other states. I ask for a “yes” vote.
Senator Webber’s statement is as follows:
Now more than ever, we need to make sure that patients are protected and
that their voices are being heard. My amendment would require that at least one
of the Governor’s appointees be from a patient advocacy organization. Having a
patient advocate on this board would help to ensure that patients are not only
represented but that they can continue to receive proper care and access to
lifesaving medications they desperately need. I ask for a “yes” vote in order
to protect patients and put their needs first.
Senator Camilleri’s statement is as follows:
I urge you to support again our effort to lower the cost of prescription
drugs for our residents here in Michigan. There is no one-size-fits-all
solution. We have attempted multiple angles at the market, whether it was PBM
reform and here today with our attempt to hold Big Pharma accountable for their
gigantic increases in prescription drugs that we continue to see year after
year. This board is a simple concept and a great idea. It allows for a public
body of officials appointed by the Governor, including folks who have no
connection to the pharmaceutical industry whatsoever, who would then review
some of these exorbitant price increases that we see from some companies as
they’re attempting to gouge the American consumer. They will hold them
accountable. It will be a public and transparent process, and they will find
ways to lower those costs for our residents.
Just like last term, we accepted an amendment today from our colleagues
on the other side of the aisle. It’s a good idea. We’re going to add a patient
advocate to the board. Thank you so much to the Senator from Oakland County for
adding that to this conversation. My hope then would be that Republicans join
us in this effort to support this legislation to lower the cost of that
medicine. Last term, we exempted lobbyists from being part of the board, another
great idea from our Republican colleagues. Unfortunately, most Republicans
voted “no” on that bill last term. I hope that they join us today in supporting
this legislation.
It is common sense. It is common sense that we are working to advocate
and lower the cost of medicine for our residents. It’s a bipartisan issue. It’s
something we all talk about. I’m urging you to do something. Join us. Do
something. Don’t say “no.” This may not be the only option to lower
prescription drug costs. I’m fine with that, but it’s doing something as
opposed to doing nothing. Join us, offer other solutions, I’m happy to have
that debate and that conversation as well, but this is one opportunity that
some states have been adopting that allows us at the state level to do
something on the cost of prescription drugs. I urge you to vote “yes.”
Senator Damoose’s statement is as follows:
I rise today, this time in support of this package, and I’m thankful for
having a second chance to vote again on the Prescription Drug Affordability
Board. I voted “no” last term and I always sort of regretted it. We all have
those votes occasionally that we wish we could take back. This is one of those
for me, and here’s why: We all know the devastatingly high cost of prescription
drugs that our residents face throughout Michigan and across the entire nation.
Nearly every political candidate, whoever runs for office, from state
representative to president of the United States, promises to lower
prescription drug costs. It’s the ultimate safe issue, because we’ve all seen
the problem in our own hometowns, even in our own families.
I remember years ago hearing about a drug that cost an average patient
in the United States about $3,000 per month, but the same drug was
available in Great Britain for about $80 a month. Not knowing this industry, I
asked, How does that happen? The answer was, The British government won’t allow
it. My response was obviously, Well, why do we? My district is on the Canadian
border and I see it all the time, where people go across the river because they
can get the same prescription for half the price in Canada that they can get in
Michigan. This is absolutely crazy. Half of these drugs are invented here in
the United States; many in our publicly-funded universities or developed with
significant federal research funding. Is there no upside for the American
consumer for all of this investment that they are making? Why are we
subsidizing the cost of drugs in other countries by allowing the highest prices
in the world to be charged here to offset those lower prices in other nations?
Last term, I was persuaded by the idea that the market should determine
the cost of drugs. I was moved by somebody who called this a price-fixing
board, which elicited images of the old Soviet regime, and those arguments did
appeal to me and my underlying belief in free-market economics. They’re not
wrong when it comes to free-market economics, but the more I learned, the more
apparent it became that calling the prescription drug market a free market is a
total farce. We are so far from being a free market when it comes to
pharmaceuticals, it’s unbelievable.
The federal government has invested billions, hundreds of billions of
dollars in the research that led directly and indirectly to the development and
production of so many of these drugs. I think that’s a wise investment since
the public health has always been a national priority, but the minute that
capital was invested into the process, the idea of the free market disappeared
entirely from the discussion. The minute regulations, patent protections, government
grants, congressional-directed spending, and so much more government influence
entered the equation, rightly or wrongly. The idea of the free market no longer
applied. Since the American taxpayers are the ones who made that investment,
there should be a dividend in terms of more affordable access to those drugs.
It’s unconscionable in my mind that those within the nation who supported the
development and production of the most incredible body of medical advancement
the world has ever seen would pay more than anyone else to access the benefits
of those very prescription drugs.
This board isn’t about setting prices, it’s about reviewing specific
drugs under specific circumstances—where our citizens, frankly, aren’t getting
as good a deal as everyone else. I think, as we look to level the playing field
across the world, this is just one program we seem to need in order to stand up
for our own residents.
Senator Irwin’s statement is as follows:
What we have before us today is legislation that seeks to address one of
the most important problems facing our residents here in Michigan, and that is
the epidemic of high prescription drug prices. This is a huge problem in my
district. I don’t want to presume anything about your districts, but if your
district is like mine, you’ve been hearing regularly from residents who are
frustrated with the high cost of drug prices and the associated high cost of
insurance premiums. We have people who are unable to afford their insurance. We
have people who are unable to afford their co-pays.
We heard yesterday testimony from doctors who are saying that they would
prescribe a course of treatment; they would prescribe medicine for individuals
who were simply unable to fill those prescriptions, and, as a result, would not
take those prescriptions and would end up later in greater misery, incurring
greater cost to the system, showing up in our emergency departments. We heard
yesterday from insurers who said that runaway drug prices are the largest driver
of increases in our health insurance premiums. Out of control drug prices are
driving up healthcare costs—they’re causing people to split pills in half or
not take medicine, causing conditions of our residents to get worse, driving up
costs in our ER, and it’s a disaster. It’s a disaster that I want to thank and
send appreciation to my colleagues who sponsored this legislation, because they’re
trying to do something about a problem that is central to the needs of our
residents.
One of the things we know about the healthcare system here in America is
that it’s not a free market. Our healthcare system is a rigged market. It’s a
system whereby the public invests, and private interests profit. In a system
like that, it’s essential that we create a board, like this prescription drug
advisory board, that has as its mission to identify those outlier cases, those
drugs that are driving costs, those drugs that are the ones where our customers
and our residents are getting gouged when they seek to fill their
prescriptions. I think it’s an obligation of this Legislature to form a board
like this, to go out there and look for the worst abuses in the prescription
drug industry, and to make sure that those worst abuses are reigned in. Putting
an upper limit on the cost of drugs when those drug prices are rising
unreasonably, when the prices are being rigged to increase the profits of drug
manufacturers at the expense of our residents—those are exactly the cases where
we should make sure that those abuses are identified, that the public is made
aware of those price gougings, and that we set an
upper limit to make sure that our residents are not continually abused by this
industry that charges lower prices all around the world but drives their profit
up here in states like Michigan.
So once again, I encourage my colleagues to support this legislation.
High prescription drug prices are hurting my residents, they’re hurting your
residents, and it’s time we do something about it.
The following bill
was read a third time:
Senate Bill No. 4, entitled
A bill to amend 1956
PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by
adding section 3406tt.
The question being on
the passage of the bill,
The bill was passed,
a majority of the members serving voting therefor, as follows:
Roll Call No. 69 Yeas—20
Anthony Chang Irwin Polehanki
Bayer Cherry Klinefelt Santana
Brinks Damoose McCann Shink
Camilleri Geiss McMorrow Singh
Cavanagh Hertel Moss Wojno
Nays—15
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Victory
Bumstead Johnson Nesbitt Webber
Daley Lauwers Outman
Excused—1
Theis
Not
Voting—1
Huizenga
In The Chair: Geiss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate
Bill No. 5, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” (MCL 400.1 to 400.119b) by adding section 109o.
The question being on the passage of the bill,
The bill was passed, a majority of the members
serving voting therefor, as follows:
Roll
Call No. 70 Yeas—20
Anthony Chang Irwin Polehanki
Bayer Cherry Klinefelt Santana
Brinks Damoose McCann Shink
Camilleri Geiss McMorrow Singh
Cavanagh Hertel Moss Wojno
Nays—15
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Victory
Bumstead Johnson Nesbitt Webber
Daley Lauwers Outman
Excused—1
Theis
Not
Voting—1
Huizenga
In The Chair: Geiss
The Senate agreed to the title of the bill.
Pursuant to
rule 1.306, Senator Huizenga made the following statement:
I will be
abstaining from the vote on Senate Bill Nos. 3, 4, and 5. I am disclosing a
potential conflict of interest in Senate Bill Nos. 3-5 as I have extensive experience
in the health care consulting space. Out of an abundance of caution, I will be
abstaining from the vote on Senate Bill Nos. 3, 4, and 5.
Announcements of Printing and
Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 23:
House Bill Nos. 4033 4034 4207 4208 4255 4256
The Secretary announced that the following bills were printed and filed on Tuesday, April 22, and are available on the Michigan Legislature website:
House Bill Nos. 4349 4350 4351 4352 4353 4354 4355 4356 4357 4358 4359 4360 4361 4362 4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379
The Secretary announced that the following bills were printed and filed on Wednesday, April 23, and are available on the Michigan Legislature website:
House Bill Nos. 4380 4381 4382 4383 4384 4385
The Secretary announced that the following bills were printed and filed on Thursday, April 24, and are available on the Michigan Legislature website:
Senate Bill Nos. 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261
Committee Reports
The Committee on Finance, Insurance, and Consumer Protection reported
Senate Bill No. 3, entitled
A bill to provide for a cost and affordability review of certain prescription drug products; to create the prescription drug pricing board and prescription drug affordability stakeholder council and to prescribe their powers and duties; to provide for the powers and duties of certain state governmental officers and entities; to establish upper payment limits for certain prescription drug products and provide remedies; and to provide for the promulgation of rules.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Mary Cavanagh
Chairperson
To Report Out:
Yeas: Senators Cavanagh, Irwin, McCann, Bayer and Camilleri
Nays: Senators Theis and Daley
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The Committee on Finance, Insurance, and Consumer Protection reported
Senate Bill No. 4, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406tt.
With the recommendation that the bill pass.
Mary Cavanagh
Chairperson
To Report Out:
Yeas: Senators Cavanagh, Irwin, McCann, Bayer and Camilleri
Nays: Senators Theis and Daley
The bill was referred to the Committee of the Whole.
The Committee on Finance, Insurance, and Consumer Protection reported
Senate Bill No. 5, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109o.
With the recommendation that the bill pass.
Mary Cavanagh
Chairperson
To Report Out:
Yeas: Senators Cavanagh, Irwin, McCann, Bayer and Camilleri
Nays: Senators Theis and Daley
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance, Insurance, and Consumer Protection submitted the following:
Meeting held on Wednesday, April 23, 2025, at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators Cavanagh (C), Irwin, McCann, Bayer, Camilleri, Huizenga, Theis and Daley
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Universities and Community Colleges submitted the following:
Meeting held on Wednesday, April 23, 2025, at 9:00 a.m., Room 1100, Binsfeld Office Building
Present: Senators McCann (C), Irwin, Singh and Albert
Excused: Senator Damoose
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Affairs submitted the following:
Meeting held on Wednesday, April 23, 2025, at 3:30 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Moss (C), Polehanki, McCann, Santana, Hertel, Singh, Hauck, Webber and Bellino
Excused: Senators Wojno and Lauwers
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 11:14 a.m.
The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Tuesday, April 29, 2025, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate