STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Wednesday, October 11, 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 Kevin Daley of the 26th District offered the following invocation:
In the name of the Father and of the Son and of the Holy Spirit.
Lord, we thank You for Your goodness and patience shown to us. We thank You for humbling Yourself to have become like us, and we thank You for allowing us the privilege to represent the people of Michigan. We ask of You this day to help us legislate honestly and make us trustworthy servants of the people. Let us not lose ourselves over fleeting pride and instead set aside internal motivations; for we do not work for our own sake, but for countless Michiganders.
Almighty God, You are the King of kings and the Lord of lords. You are the Alpha and the Omega, the First and the Last. You are the Lion of Judah and Prince of Peace. In the end of time, all people will know You are the one true God and praise You.
O Lord, thank You for this gift of life. Might we, by Your grace, live it today in a manner pleasing to You. In Your name we pray. Amen.
The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.
Senator Santana entered the Senate Chamber.
Motions and Communications
The motion prevailed.
Senator Singh moved that Senators Chang and Geiss be temporarily excused from today’s session.
The motion prevailed.
The President, Lieutenant Governor Gilchrist, assumed the Chair.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Moss, Cavanagh and Anthony introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107c (MCL 500.3107c), as added by 2019 PA 22.
The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.
Senators Daley and Outman introduced
A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 35.21, 35.22, 35.23, 35.24, and 35.25), section 1 as amended by 2016 PA 218 and section 2 as amended by 2016 PA 208, and by adding sections 9 and 10; 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 Veterans and Emergency Services.
Senator McBroom entered the Senate Chamber.
Senators Outman and Daley introduced
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 4 (MCL 45.554), as amended by 1980 PA 100.
The bill was read a first and second time by title and referred to the Committee on Veterans and Emergency Services.
Senator Chang entered the Senate Chamber.
Senators Daley and Outman introduced
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 87 (MCL 400.87).
The bill was read a first and second time by title and referred to the Committee on Veterans and Emergency Services.
Senators Singh and Cavanagh introduced
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 9, 90g, and 90h (MCL 125.2009, 125.2090g, and 125.2090h), section 9 as amended by 2021 PA 136 and sections 90g and 90h as added by 2017 PA 109.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators Cavanagh and Singh introduced
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 90i and 90j (MCL 125.2090i and 125.2090j), as added by 2017 PA 109.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators Singh and Cavanagh introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51f and 711 (MCL 206.51f and 206.711), section 51f as added by 2017 PA 110 and section 711 as amended by 2018 PA 118.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators Camilleri and Cavanagh introduced
A bill to create the call center jobs retention act; to provide for the powers and duties of certain state governmental officers and entities; to impose certain duties on certain employers; and to prescribe civil sanctions.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senators Camilleri and Cavanagh introduced
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.
The bill was read a
first and second time by title and referred to the Committee on Economic and
Community Development.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators Runestad and Geiss entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
The House of Representatives returned, in accordance with the request of the Senate
House Bill No. 4341, entitled
A bill to create a program to assist certain child care centers and schools with the acquisition, installation, and maintenance of certain filtered water stations and faucets; to provide for the sampling and testing of water from certain water outlets; to create certain funds; and to provide for the duties of certain state departments and officers.
The bill was placed on the order of Third Reading of Bills.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Singh moved that the Senate proceed to consideration of the following bill:
House Bill No. 4341
The motion prevailed.
The following bill was announced:
House Bill No. 4341, entitled
A bill to create a program to assist certain child care centers and schools with the acquisition, installation, and maintenance of certain filtered water stations and faucets; to provide for the sampling and testing of water from certain water outlets; to create certain funds; and to provide for the duties of certain state departments and officers.
Senator Singh moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Santana offered the following substitute:
Substitute (S-2).
The substitute 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. 512 Yeas—28
Albert Cherry Klinefelt Polehanki
Anthony Damoose McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Huizenga Moss Victory
Cavanagh Irwin Nesbitt Webber
Chang Johnson Outman Wojno
Nays—10
Bellino Hauck Lindsey Runestad
Bumstead Hoitenga McBroom Theis
Daley Lauwers
Excused—0
Not Voting—0
In The Chair: President
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Polehanki as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 472, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2023 PA 22.
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 115, 145n, 377a, 380, 411h, and 540e (MCL 750.115, 750.145n, 750.377a, 750.380, 750.411h, and 750.540e), section 115 as amended by 2000 PA 148, section 145n as amended by 2016 PA 480, sections 377a and 380 as amended by 1998 PA 311, section 411h as amended by 1997 PA 65, and section 540e as amended by 2002 PA 577.
A bill to facilitate access to state services by individuals with limited English proficiency; to provide for the powers and duties of certain state governmental officers and entities; and to provide for biennial reports concerning equal language access.
Senate Bill No. 383, entitled
A bill to provide for the statewide coordination of equal language access to state services by individuals with limited English proficiency; to provide for the powers and duties of certain state governmental officers and entities; and to establish a process for submitting complaints and obtaining remedies for lack of equal language access and for denials of equal access based on one’s national origin.
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 117k.
A bill to amend 1973 PA 116, entitled “An
act to provide for the protection of children through the licensing and
regulation of child care organizations; to provide for the establishment of
standards of care for child care organizations; to prescribe powers and duties
of certain departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,” by amending sections 5a and
10 (MCL 722.115a and 722.120), section 5a as added by 1994 PA 205 and section
10 as amended by 2022 PA 69.
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7, 7b, and 7k (MCL 722.627, 722.627b, and 722.627k), section 7 as amended by 2022 PA 68, section 7b as amended by 2011 PA 89, and section 7k as added by 2011 PA 67.
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 2 (MCL 12.252), as amended by 2022 PA 83, and by adding section 3a.
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2023 PA 21.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 205, entitled
A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by amending the title and by adding section 1c.
Substitute (S-2).
Senate Bill No. 206, 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 section 1 (MCL 554.601), as amended by 1995 PA 79.
Substitute (S-1).
Senate Bill No. 207, entitled
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and section 502 (MCL 37.2502), the title as amended by 1992 PA 258 and section 502 as amended by 1992 PA 124.
Substitute (S-3).
Senate Bill No. 471, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224f (MCL 750.224f), as amended by 2014 PA 4.
Substitute (S-3).
House Bill No. 4071, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.
Substitute (S-1).
Senate Bill No. 464, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803r (MCL 257.803r), as amended by 2019 PA 88, and by adding section 803s.
Substitute (S-4).
Senate Bill No. 418, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2019 PA 114.
Substitute (S-2).
Senate Bill No. 421, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2022 PA 209.
Substitute (S-1).
Senate Bill No. 425, entitled
A bill to amend 1978 PA 620, entitled “Appellate defender act,” by amending the title and sections 2, 4, 6, and 7 (MCL 780.712, 780.714, 780.716, and 780.717) and by adding sections 1a and 8a.
Substitute (S-1).
Senate Bill No. 428, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2f, 18, 28, and 29 (MCL 712A.2f, 712A.18, 712A.28, and 712A.29), section 2f as added by 2016 PA 185, section 18 as amended by 2022 PA 209, section 28 as amended by 2020 PA 362, and section 29 as amended by 2003 PA 74, and by adding section 29a to chapter XIIA; and to repeal acts and parts of acts.
Substitute (S-2).
Senate Bill No. 429, entitled
A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending section 6 (MCL 28.176), as amended by 2018 PA 310.
Substitute (S-2).
Senate Bill No. 432, entitled
A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending the title and sections 1, 2, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11, and 12 (MCL 722.921, 722.922, 722.923, 722.924, 722.925, 722.925a, 722.926, 722.927, 722.928, 722.929, 722.930, 722.931, and 722.932), the title and sections 3, 5, and 11 as amended by 2004 PA 560, sections 2 and 6 as amended by 2020 PA 186, sections 4 and 10 as amended by 2014 PA 243, section 5a as amended by 2014 PA 455, sections 7 and 8 as amended by 2013 PA 38, and section 9 as amended by 2020 PA 185.
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.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:01 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 205
Senate Bill No. 206
Senate Bill No. 207
Senate Bill No. 471
Senate Bill No. 472
Senate Bill No. 528
House Bill No. 4071
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 Singh moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 205
Senate Bill No. 206
Senate Bill No. 207
Senate Bill No. 471
Senate Bill No. 472
Senate Bill No. 528
House Bill No. 4071
The
motion prevailed.
The following bill was read a third time:
Senate Bill No. 205, entitled
A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by amending the title and by adding section 1c.
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. 513 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Irwin’s statement is as follows:
Mr. President, I rise to ask all my colleagues to support this important package of legislation. As you all know, we have people all over our state who are struggling to find housing and this bill package is a series of legislation meant to make it easier for folks to find the housing they need to thrive. These bills prohibit discrimination based on source of income, and although we’ve provided exemptions for very small mom-and-pop landlords to make this easier for everyone to comply with, this policy is going to be important to make sure people who have public benefits because they served in the U.S. military or they have public benefits because they are in poverty, to make it so those folks can find housing in our state. These people are important parts of our community, they’re important parts of our economy, and we need to make sure that in this chamber we’re making space for all people to find stable housing so they can continue to live and contribute to our communities.
I also want to just
take a moment to say how important stable housing is to the health of our
residents and to the education of the next generation. We need to be doing more
in this chamber to fight the affordable housing crisis and to make a space for
all people to find stable housing in our state. This is a small step but it’s
an important step, and I welcome the support of all my colleagues. I’m really
pleased we’re here today discussing legislation that’s going to make it easier
for folks to thrive here in our state in this tough, tough economy.
Senator Bayer’s statement is as follows:
Just to reinforce what my colleague so clearly explained, these housing bills use existing programs that have been known to work for a long time and it simply allows people who are receiving food stamps, people who have children getting child support, people who are already getting reliable sources of income, to count as part of their income when doing a formula calculation of whether or not they can afford rent. It is not a lot of overhead, it is not a lot of untested programs, it’s just about recognizing sometimes people need some help and if we don’t give them the opportunity to have housing, they will spiral into a worse circumstance. Once you’re homeless, the odds of being able to survive that and keep your work and take care of your kids and get their education goes in the tank. This is a simple process. This is a simple step for existing landlords to use existing resources and existing information to help people have a home.
The following bill was read a third time:
Senate Bill No. 206, 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 section 1 (MCL 554.601), as amended by 1995 PA 79.
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. 514 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 207, entitled
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and section 502 (MCL 37.2502), as amended by 2023 PA 6.
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. 515 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protests
Senators Lindsey, Daley, Bellino, Runestad and Theis, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 205, 206, and 207.
Senator Lindsey moved that the statement he made during the discussion of Senate Bill No. 205 be printed as his reasons for voting “no.”
The motion prevailed.
Mr. President, I oppose these bills that will do nothing to improve our state’s housing crisis and will only make it harder for landlords to do business in our state. Mandating participation in government programs is the wrong answer, especially when the programs are notoriously unreliable and inefficient. This will discourage people from becoming landlords at all, ultimately making our housing crisis worse. It amazes me that the majority recognizes problems in our state, understands the need for policy changes, and yet the end result is legislation that will make the problems worse. Maybe I don’t give the majority enough credit though. Maybe there is a solution hidden in this legislation and in others. Failing schools, crumbling roads and infrastructure, unsustainable energy costs and a failing grid, and yes, a housing crisis—all of these can be solved by creating such economic devastation in our state that no one wants to live here. I would prefer a different course of action and I urge a “no” vote.
The following bill was read a third time:
Senate Bill No. 471, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224f (MCL 750.224f), as amended by 2014 PA 4.
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. 516 Yeas—22
Anthony Cherry McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Huizenga Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang Klinefelt
Nays—16
Albert Damoose Lauwers Outman
Bellino Hauck Lindsey Runestad
Bumstead Hoitenga McBroom Theis
Daley Johnson Nesbitt Victory
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protest
Senator Runestad, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 471 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Runestad’s statement is as follows:
Mr. President, nobody wants to see guns in the hands of domestic abusers. I have had in my own life some very terrifying experiences. My niece was stalked by a crazed ex-boyfriend for two years. I have had a very, very good friend who suffered enormous abuse. This is something very personal. I absolutely, along I think with everyone in this chamber, want to make sure that we don’t have domestic abusers having access to guns.
But this bill is not simple as described. It goes way beyond accomplishing that goal. I could have supported these bills very easily if some common-sense changes were reflected in the bill that were mirroring federal law which does a good job. That was not accepted. The federal law already restricts access to firearms by those convicted of these crimes, but the majority refused to consider such changes, so reluctantly I will have to vote “no.”
The motion prevailed.
Senator Chang’s statement is as follows:
October is Domestic Violence Awareness Month and I’m grateful that we’re taking action today to protect domestic violence survivors. I want to express my appreciation to Wayne County Prosecutor Kym Worthy’s office for coming to me more than five years ago with this idea and working with me and domestic violence experts, gun violence prevention groups, and law enforcement stakeholders to develop and refine this legislation that will save lives. I also want to thank former Senator Wayne Schmidt, former Representative Mary Whiteford, current Representative Amos O’Neal, and the Senator—and my seatmate—from the 14th District for our partnership. These bipartisan bills have certainly been on a long journey since they were first introduced and had a committee hearing back in 2018.
Nearly half of all women murdered in the United States are killed by a current or former intimate partner, and more than half of these intimate partner homicides are by firearm. Women are five times more likely to be murdered by an abusive partner when the abuser has access to a gun. Let me say that again. Women in domestic violence situations are five times more likely to die when their abuser has a firearm in the home. We know that domestic violence can escalate. What might be a more minor incident the first or second time may become a more violent and dangerous offense later on. We also know that illegal behaviors that may be seen by some as minor offenses like trespassing or demolition of property can be a predictor of deadly violence in a situation where domestic violence is present. Seventy-six percent of intimate partner homicides and 85 percent of attempted homicides of women were preceded by at least one incident of stalking in the year before the attack. Certain criminal activity like destruction of property, stalking, and breaking and entering can turn, and in too many unfortunate circumstances did turn, lethal in domestic violence situations where abusers seek to exert power and control over their victims. I want to express how grateful I am to the many domestic violence survivors and their families who have shared their painful stories of domestic violence and how these bills will help them.
What this bill package does is very simple. It helps keep firearms out of the hands of people very likely to be a danger to others. Individuals convicted—not accused, not charged, but convicted—of misdemeanor domestic violence, would be prohibited from possessing, purchasing, selling, or transporting a gun for eight years, a very reasonable length of time after the completion of their sentence. Law enforcement officials and victim advocates have learned to recognize that the use of a gun by an abuser to threaten or intimidate their partner is a key predictor for intimate partner homicides. By passing this law, Michigan will be joining 31 other states across this country, including numerous Republican-led legislatures, and Washington, D.C. We’ve got Kansas and Louisiana, West Virginia, and Indiana that have already passed similar bills, and it’s time for Michigan to join this list.
Survivors of domestic violence endure unimaginable pain and betrayal. It is our responsibility to ensure they have the peace of mind knowing they will be protected from threats of gun violence at the hands of their abusers. That is why we need to pass these bills to help prevent future violence and abuse in the home involving a firearm. We have a chance to help save lives now. This legislation is a common-sense, formally bipartisan solution to protecting domestic violence survivors in our state, and I urge a “yes” vote on this bill package.
The following bill was read a third time:
Senate Bill No. 472, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2023 PA 22.
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. 517 Yeas—22
Anthony Cherry McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Huizenga Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang Klinefelt
Nays—16
Albert Damoose Lauwers Outman
Bellino Hauck Lindsey Runestad
Bumstead Hoitenga McBroom Theis
Daley Johnson Nesbitt Victory
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 528, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 115, 145n, 377a, 380, 411h, and 540e (MCL 750.115, 750.145n, 750.377a, 750.380, 750.411h, and 750.540e), section 115 as amended by 2000 PA 148, section 145n as amended by 2016 PA 480, sections 377a and 380 as amended by 1998 PA 311, section 411h as amended by 1997 PA 65, and section 540e as amended by 2002 PA 577.
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. 518 Yeas—22
Anthony Cherry McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Huizenga Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang Klinefelt
Nays—16
Albert Damoose Lauwers Outman
Bellino Hauck Lindsey Runestad
Bumstead Hoitenga McBroom Theis
Daley Johnson Nesbitt Victory
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Shink’s statement is as follows:
My bill—Senate Bill No. 528—adds a
subsection to the crimes of assault, stalking, malicious destruction of
property, malicious use of a telephonic device, and vulnerable adult abuse to
ensure that only those who commit domestic violence will face a firearm
prohibition.
The following bill was read a third time:
House Bill No. 4071, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406ff.
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. 519 Yeas—36
Albert Cherry Johnson Polehanki
Anthony Daley Klinefelt Runestad
Bayer Damoose Lauwers Santana
Bellino Geiss McBroom Shink
Brinks Hauck McCann Singh
Bumstead Hertel McDonald Rivet Theis
Camilleri Hoitenga McMorrow Victory
Cavanagh Huizenga Moss Webber
Chang Irwin Outman Wojno
Nays—2
Lindsey Nesbitt
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”
The Senate agreed to the full title.
The motion prevailed.
Senator Geiss’ statement is as follows:
I rise in unwavering support of House Bill No. 4071. For years, passing oral chemo parity has been attempted and has come so close to being a reality for cancer patients who are on medications for which there is an oral option versus an intravenous option. Today, it’s before us again.
This legislation will not only bring significant cost savings to such cancer patients, it will also reduce other aspects of chemotherapy that only oncology families and our oncology teams know about. This will reduce the need for installing a port for regular IV sessions. It will reduce the amount of time for infusions, which can take up to several hours at a time, sometimes over the course of several days. Each IV session means bags of the medications—some of which aren’t IV compatible with one another, so you have to wait in between receiving them. It means saline flushing. It means at the end of the treatment period for that particular cycle, another prescription for locking and securing the port with Heparin before de-accessing the port. Intravenous cancer treatments can mean hours at an infusion site or inpatient admission over several days to the oncology unit at the hospital.
For many adults this also means time away from work, when they might not have access to sick time or enough of it. The same can be said for their primary caregivers—their spouses, their partners, their adult children. For the parents of juvenile oncology patients it means the same. For juvenile oncology patients, it means a significant number of missed days of school, sports, and other activities, all just to receive the tumor-shrinking medications. It doesn’t include all of the other oncology-related appointments and care, and this cycle repeats over and over and over again in what can be over a matter of weeks, months, sometimes years.
Granted, not all cancer medications have an oral equivalent, but for those that do and the patients that take them, this legislation is life-changing in ways that most in here can only begin to imagine. May you never have to know from direct experience. I hope that today, we can make it come to fruition and I urge swift passage of House Bill No. 4071.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Moss’ statement is as follows:
It’s been a very emotionally charged week. We had a very meaningful program on Monday night hosted by the Jewish Federation. I’ve been talking to friends both here and in Israel, and we all feel the same way but it’s very hard to find words, so I’m going to do my best.
I think about really two and a half weeks ago when Jews around the world observed our most holy day—Yom Kippur. This year marked the 50th anniversary of the Yom Kippur War in 1973, a surprise attack on Israel from its neighboring countries, taking advantage of Jews observing a solemn day of fasting and atonement. This year, my synagogue honored that anniversary during our services. Young members of our synagogue read aloud written accounts from 50 years ago relaying the shock and carnage of war in what would become the deadliest conflict in Israel’s history to date.
This past Saturday, I woke up to the news of the Hamas terrorist invasion in Israel and immediately checked in on my friends living there. Almost all of them used the exact same phrase: This is a nightmare. One of my friends told me this is the most awful thing that has happened in Israel since the Yom Kippur War, and it’s even worse. The Yom Kippur War was fought on battlefields with armies with very few civilian casualties. The real-time accounts of this still-ongoing horror are much different. The scope of it is so wide-reaching. More than 1,200 Israelis have been killed. That’s the equivalent, given the population size here, of 43,000 Americans. Many more are still unaccounted for or being held hostage with horrific threats of broadcast executions. Hundreds of young people at a music peace festival mowed down by gunfire, and those who fled the initial onslaught hunted one by one where they hid. The elderly, including a woman who endured and survived the Holocaust, dragged by her wheelchair, captured. Babies beheaded, innocent souls who have committed no sin.
Everyone in Israel is directly impacted. In unbearable grief, we honor these victims and hold close the sons and daughters who are being sent into battle. This is not like any war we’ve ever seen before. This is not the effect of a resistance. This does not serve to advance the cause of the Palestinians who seek to live in peace. These are horrific scenes that more closely align with what is housed in Yad Vashem, Israel’s memorial to the Holocaust, and indeed the Times of Israel reported that more Jewish civilian lives were lost on October 7 than any single day since 1945. This is why Jews around the world and here in Michigan are in so much pain. Yes, this was an attack on Israel, and Israel has a right to defend itself. Widening that lens, this was also an attack on Judaism and the right of our existence as a people. As former Israeli ambassador Michael Oren noted, the 1973 Yom Kippur War created the conditions for a peace treaty with Egypt. In 2023 Hamas wants to create the conditions for a genocide. We cannot let that happen. We must stand with Israel.
From Governor Whitmer who strongly condemned Hamas terrorism at our Jewish community gathering Monday night in Southfield and President Biden who, Ambassador Oren said, delivered the most passionate pro-Israel speech in history, to members of this chamber across the aisle, we must demonstrate that politics and party cannot divide us. Fifty years from now, history will look back on us and how we acted in this seminal moment. For these reasons, I would like my remarks to be printed in our Journal.
Announcements of Printing and Enrollment
House Bill Nos. 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123
The Secretary announced that the following bills were printed and filed on Wednesday, October 11, and are available on the Michigan Legislature website:
Senate Bill Nos. 569 570 571 572 573 574
The Committee on Housing and Human Services reported
House Bill No. 4273, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 132 (MCL 125.532), as amended by 2000 PA 479.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
Jeff Irwin
Chairperson
To Report Out:
Yeas: Senators Irwin, Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey and Damoose
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Housing and Human Services submitted the following:
Meeting held on Tuesday, October 10, 2023, at 12:00 noon, Room 403, 4th Floor, Capitol Building
Present: Senators Irwin (C), Santana, Cavanagh, Bayer, Shink, Chang,
Cherry, Geiss, Lindsey, Hoitenga and Damoose
The Committee on Education reported
Senate Bill No. 518, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as amended by 2020 PA 316.
With the recommendation that the bill pass.
Dayna Polehanki
Chairperson
To Report Out:
Yeas: Senators Polehanki, Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, October 10, 2023, at 1:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
The Committee on Transportation and Infrastructure reported
Senate Bill No. 533, entitled
With the recommendation that the bill pass.
Erika Geiss
Chairperson
To Report Out:
Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Camilleri, Chang, McCann, Bellino, McBroom, Victory and Bumstead
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation and Infrastructure submitted the following:
Meeting held on Tuesday, October 10, 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
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Agriculture submitted the following:
Meeting held on Tuesday, October 10, 2023, at 3:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Shink (C), Cherry, Singh, Polehanki, Daley, Victory and Hoitenga
Civil Rights, Judiciary, and Public Safety – Thursday, October 12, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Economic and Community Development – Thursday, October 12, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721
Labor – Thursday, October 12, 8:30 a.m., Room 1300,
Binsfeld Office Building (517) 373-5314
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 11:50 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, October 12, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate