No. 33

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, April 12, 2023.

 

10:00 a.m.

 

 

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

 

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

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—present

Bumstead—present                              Johnson—present                             Santana—present

Camilleri—present                               Klinefelt—present                            Shink—present

Cavanagh—present                              Lauwers—present                            Singh—present

Chang—present                                   Lindsey—present                             Theis—present

Cherry—present                                  McBroom—present                          Victory—present

Daley—present                                    McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Stephanie Chang of the 3rd District offered the following invocation:

There is too much hardship in this world to not find joy, every day. There is too much injustice in this world to not right the balance, every day. There is too much pain in this world to not heal, every day.

Each of us ministers to a weary world. Let us go forth now and do that which calls us to make this world more loving, more compassionate, and more filled with the grace of divine presence, every day. 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 Senators McBroom and Nesbitt be temporarily excused from today’s session.

The motion prevailed.

 

Senator Singh moved that Senator Geiss be temporarily excused from today’s session.

The motion prevailed.

 

 

The following communication was received:

Office of Senator Sean McCann

April 11, 2023

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

      Senate Bill 128, introduced by Senator Damoose

      Senate Bill 129, introduced by Senator Singh

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

                                                                                       Sincerely,

                                                                                       Sean McCann

                                                                                       State Senator

                                                                                       19th District

The communication was referred to the Secretary for record.

 

Senator Nesbitt entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Bellino introduced

Senate Bill No. 260, entitled

A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” by amending the title and sections 35 and 36 (MCL 554.135 and 554.136) and by adding section 36a.

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

 

 

Senator Polehanki introduced

Senate Bill No. 261, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 11 (MCL 388.1611), as amended by 2023 PA 3, and by adding section 22o.

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

 

 

Senators Irwin, Shink, Bayer, McMorrow, Klinefelt, Santana and Geiss introduced

Senate Bill No. 262, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 7b (MCL 29.7b).

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

House Bill No. 4157, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1138a.

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

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

 

 

Recess

 

 

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

The motion prevailed, the time being 10:05 a.m.

 

10:13 a.m.

 

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

 

During the recess, Senators McBroom and Geiss entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

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

The motion prevailed, and the President pro tempore, Senator Moss, designated Senator McCann as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 56, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 335 (MCL 750.335), as amended by 2002 PA 672.

 

 

Senate Bill No. 59, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 100c (MCL 330.1100c), as amended by 2020 PA 285.

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. 161, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1526, 1531, 1531d, 1531j, and 1531k (MCL 380.1526, 380.1531, 380.1531d, 380.1531j, and 380.1531k), section 1526 as amended by 1995 PA 289, section 1531 as amended by 2018 PA 235, section 1531d as added by 2003 PA 18, and sections 1531j and 1531k as amended by 2018 PA 234.

Substitute (S-1).

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

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 162, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2021 PA 149.

Substitute (S-2).

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

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Daley offered the following resolution:

Senate Resolution No. 29.

A resolution to recognize April 2023 as Donate Life Month.

Whereas, More than 2,400 Michigan residents are currently waiting for a lifesaving organ transplant and thousands more would benefit from tissue and corneal transplants; and

Whereas, Michigan has about 4.4 million people on the Organ Donor Registry, but more than 42 percent of adults have not yet registered to save and heal others; and

Whereas, The need for organ, tissue, and eye donations remains a critical need in both Michigan and the United States; and

Whereas, Nationwide, an average of 20 people die each day because a donated organ did not become available; and

Whereas, Organ, tissue, and eye donation can provide families that are tragically confronted by the death of a loved one the comfort of knowing that the gift of life provides another person with renewed hope for a healthy life; and

Whereas, A single organ, tissue, and eye donation can save eight lives and improve the lives of up to 75 people; and

Whereas, The act of giving the gift of life through organ, tissue, and eye donation to someone facing imminent death, or living with blindness or a disability, is the ultimate act of generosity and kindness; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize April 2023 as Donate Life Month; and be it further

Resolved, That we encourage all residents to join the Michigan Organ Donor Registry, share their decision with their families, friends, and colleagues, and encourage them to do the same.

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

Senator Singh moved that the rule be suspended.

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

The resolution was adopted.

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

 

 

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

The motion prevailed.

Senator Daley’s statement is as follows:

I rise today to speak to Senate Resolution No. 29, a resolution to designate April as Donate Life Month in Michigan. This is a time to raise awareness about the importance of organ donation. Did you know that donating your organs can save up to eight lives? Organ, tissue, and eye donation can provide for families that are tragically confronted by the death of a loved one the comfort of knowing the gift of donated organs and tissues provide another person with a renewed hope for a healthy life.

As many of you know, organ donation was especially important to me. My son, Thomas, passed away about 11 years ago. Thomas was not a registered donor, but he would have wanted to help others. Today, Thomas’ heart and his legacy lives on in the lives of others. Thomas never made the decision to put the heart on his license—we had to make that decision for him—but he would have wanted it to be that way. It’s really important we keep that registry going and make sure that more people’s lives can be saved by the tragedies of others.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

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:

I’m very happy to report some good news that I’m sure this chamber will heave a sigh of relief to hear, that the horrible laryngitis I suffered recently has 90-percent recovered. As you can imagine, the vexation of having to sit silent and not being able to address these recent bill packages before we left. I started pondering on just how did I lose my voice? My wife Kathy reminded me that the average person speaks about 150 words per minute and she declared to me that when in a passion I probably exceed 300 to 350 words per minute, and I got to thinking about that. She said, If you want to get your message out, you have to conserve your voice.

I thought about a conversation I had overheard when Kathy and I were at a cocktail party. She and I were talking to a couple and I went to get us some drinks. When I returned, Kathy had just stepped away and I overheard the husband say to his wife, You know, that Senator Runestad’s wife Kathy is a wonderful, patient listener. The wife leaned over to the husband and said, You know, George, that woman must have had a lot of patience. And she’s right. Twenty-five years, Kathy and I have been married and for 25 years, I have had a wonderful wife who has put up with all that.

I’m so happy to tell you how delighted I am to be back here in this chamber and as Curtis Hertel has personally conveyed to me how happy he is that I am back 100 percent in good voice to do the work.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, April 11:

House Bill No.     4157

 

The Secretary announced that the following bills were printed and filed on Tuesday, April 11, and are available on the Michigan Legislature website:

House Bill Nos.     4344   4345   4346   4347  4348   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                              4380

 

The Secretary announced that the following bills were printed and filed on Wednesday, April 12, and are available on the Michigan Legislature website:

Senate Bill Nos.      247    248    249    250    251    252    253    254    255    256    257    258   259

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on DHHS submitted the following:

Meeting held on Tuesday, April 11, 2023, at 8:30 a.m., Room 403, 4th Floor, Capitol Building

Present: Senators Santana (C), McDonald Rivet, Cavanagh, Cherry, Camilleri, Bayer, Outman, Huizenga, Hauck and Theis

Excused: Senator Irwin

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Military, Veterans, State Police submitted the following:

Meeting held on Tuesday, April 11, 2023, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hertel (C) and Klinefelt

Excused: Senator Theis

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Tuesday, April 11, 2023, at 3:30 p.m., Room 403, 4th Floor, Capitol Building

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

Scheduled Meetings

 

 

Appropriations –

 

Subcommittees

 

EGLE Thursday, April 13, 3:00 p.m., Room 403, 4th Floor, Capitol Building (517) 373-2768

 

Civil Rights, Judiciary and Public Safety – Thursday, April 13, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Economic and Community Development – Thursday, April 13, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721

 

Education – Thursday, April 13, 4:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5314

 

Energy and Environment – Thursday, April 13, 1:30 p.m., Room 403, 4th Floor, Capitol Building (517) 373-5323

 

Labor Thursday, April 13, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5314

 

State Drug Treatment Court Advisory – Thursday, April 20, 9:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower Building (517) 373-0212

 

Veterans and Emergency Services – Wednesday, April 19, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5312

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 10:27 a.m.

 

The President pro tempore, Senator Moss, declared the Senate adjourned until Thursday, April 13, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate