STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2024
Senate Chamber, Lansing, Wednesday, May 1, 2024.
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 Kristen McDonald Rivet of the 35th District offered the following invocation:
In the name of the Father and of the Son and of the Holy Spirit.
Lord God, keep alive within us the flame of hope, so with patience and perseverance we may opt for dialogue and reconciliation. In this way may peace triumph at last, and may the words “division,” “hatred” and “war” be banished from the heart of every man and woman. Lord, defuse the violence of our tongues and our hands. Renew our hearts and minds, so that the word which always brings us together will be “brother,” and our way of life will always be that of: Peace. Amen.
The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.
The President, Lieutenant Governor Gilchrist, assumed the Chair.
Motions and Communications
Senator Johnson entered the Senate Chamber.
The motion prevailed.
The following communication was received:
Department of State Police
April 30, 2024
Attached is a copy of the 2023 Secondary Road Patrol and Traffic Accident Prevention Program Annual Report and Evaluation. This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. A copy of the report will soon be posted on the Michigan Office of Highway Safety Planning’s (OHSP) website at https://www.michigan.gov/msp/divisions/ohsp/lawenforcement-programs.
Copies of this report will be transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, each county sheriff, the Michigan Sheriffs Association, and the Deputy Sheriffs Association of Michigan.
Thank you,
F/Lt. Nicole McGhee
Government Relations Section
Office of the Director
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Jim Runestad
May 1, 2024
Please accept this as a request to be added as a co-sponsor to Senate Resolution 113, introduced by Senator Theis.
Thank you for your assistance.
Sincerely,
Sen. Jim Runestad
District 23
The communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Chang entered the Senate Chamber.
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2021 PA 85.
The bill was read a first and second time
by title and referred to the Committee on Civil Rights, Judiciary, and Public
Safety.
Senator Huizenga introduced
A bill to amend 2020 PA 68, entitled “Michigan reconnect grant recipient act,” by amending section 13 (MCL 390.1713), as amended by 2022 PA 252.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Santana entered the Senate Chamber.
Senator Albert introduced
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 14, and 17 (MCL 423.1, 423.2, 423.14, and 423.17), as amended by 2023 PA 8.
The bill was read a first and second time by title and referred to the Committee on Labor.
Senator Hauck introduced
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), section 9 as amended by 2023 PA 9, section 10 as amended by 2023 PA 114, and section 15 as amended by 2023 PA 143.
The bill was read a first and second time by title and referred to the Committee on Labor.
Senator Hoitenga introduced
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32 and 45 (MCL 24.232 and 24.245), as amended by 2023 PA 104.
The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.
Senator Webber introduced
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16186b.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Geiss entered the Senate Chamber.
Senator Huizenga introduced
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” (MCL 339.5101 to 339.6133) by adding section 218.
The bill was read a first and second time by title and referred to the Committee on Labor.
Senator Theis introduced
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 8 and 31 (MCL 24.208 and 24.231), section 8 as amended by 2004 PA 23 and section 31 as amended by 1989 PA 288, and by adding section 47a.
The bill was read a first and second time
by title and referred to the Committee on Finance, Insurance, and Consumer
Protection.
Senator Bellino introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 695 (MCL 206.695), as amended by 2023 PA 4.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Bellino introduced
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11k.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Lauwers introduced
A bill to allow the state of Michigan to enter into the company-specific subsidy interstate compact and for purposes related to the compact.
The bill was read a first and second time by title and referred to the Committee on Economic and Community Development.
Senator Lauwers 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.
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16188.
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 Health Policy.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18301 (MCL 333.18301), as amended by 2008 PA 523, and by adding sections 18303a and 18303b.
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 Health Policy.
A bill to amend 1978 PA 454, entitled “Truth in renting act,” by amending section 2 (MCL 554.632).
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 Housing and Human Services.
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 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 Housing and Human Services.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2014 PA 223.
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 Housing and Human Services.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:08 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
The motion prevailed.
Senator Victory’s statement, in which Senators Shink, Huizenga and Brinks concurred, is as follows:
It’s my privilege on behalf of the 16 members of the Michigan Legislative Dutch Caucus—including my four Senate colleagues who are here with me today—we take a moment to celebrate the Dutch holiday Koningsdag—King’s Day—which was held this past Saturday. On your desk, you’ll find a treat courtesy of the Michigan Legislative Dutch Caucus sponsored by our friends at MLC. Droste Chocolates are a staple of West Michigan Dutch culture; also, King Peppermints have long tradition in the Netherlands and are the country’s best-selling peppermint. King’s Day is celebrated on King Willem-Alexander’s birthday, April 27. Many celebrate by wearing orange to honor our House of Orange which has been the ruling family in the Netherlands since 1815. The Dutch caucus would like to wish you a happy King’s Day. Please enjoy the treats and as the Dutch commonly say before a meal, Eet smakelijk.
Senator Brinks’ statement, in which Senators Victory, Shink and Huizenga concurred, is as follows:
I’m just really happy that Senator Victory got all the Dutch words to mispronounce instead of me.
Mr. President, in addition to celebrating King’s Day or Koningsdag—I got that one—we are honored today to have joining us in the Gallery the new ambassador of the Kingdom of the Netherlands to the U.S., Birgitta Tazelaar. Ambassador Tazelaar was recently named Dutch ambassador to the U.S. after serving as a career diplomat for the last 30 years. Her résumé is as long as it is impressive, including positions such as deputy director-general at the Dutch Ministry of Foreign Affairs and political counselor at the Dutch embassy in London. Colleagues, please help us extend a very warm welcome to the Dutch ambassador to the U.S., Birgitta Tazelaar, to the Senate Chamber.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Damoose 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 bill:
House Bill No. 4360, entitled
A bill to amend 1988 PA 57, entitled “An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to provide for certain condemnation proceedings; to provide for fees; to provide for the levy of property taxes for certain purposes; to authorize the issuance of bonds, notes, and other evidences of indebtedness; and to prescribe penalties and provide remedies,” by amending section 2 (MCL 124.602).
The bill was placed on the order of Third Reading of Bills.
Senate Bill No. 817, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2024; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
Substitute (S-1).
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate Resolution No. 114
Senate Resolution No. 115
The motion prevailed, a majority of the members serving voting therefor.
Senators Shink, McCann, Chang, Bayer, Wojno, Geiss, Anthony, McMorrow, Santana, Polehanki, Brinks, Cherry and Klinefelt offered the following resolution:
Senate Resolution No. 114.
A resolution to recognize May 2024 as Treatment Court Month.
Whereas, Treatment courts are the cornerstone of justice reform sweeping the nation and are recognized as the most successful justice system intervention in our nation’s history; and
Whereas, Nearly 4,000 treatment courts nationwide, including Michigan’s 210 treatment courts, have restored the lives and families of more than 1.5 million individuals; and
Whereas, Outcomes have shown significant
improvements to substance use disorder treatment, substantially reduced
addiction and related crime, and do so at less expense than any other criminal
justice strategy with a savings of an average of $6,000 for every individual
they serve; and
Whereas, Treatment courts facilitate community-wide partnerships, bringing together judges, prosecutors, defense attorneys, substance use disorder treatment and rehabilitation professionals, law enforcement and community supervision personnel, researchers and educators, national and community leaders, and others dedicated to drug courts and similar types of treatment programs are healing families and communities across the country; and
Whereas, Treatment courts improve public safety, education, employment, housing, financial stability, promote family reunification, reduce foster care placements, and increase the rate of mothers delivering babies who are drug-free; and
Whereas, Treatment courts demonstrate that when one person rises out of substance use and crime, we all rise; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize May 2024 as Treatment Court Month.
The question being on the adoption of the resolution,
The motion prevailed.
Senator Shink’s statement is as follows:
I rise today in support of my resolution to recognize May 2024 as Treatment Court Month. Michigan’s 210 treatment courts provide an invaluable service to our communities by working with individuals and social service providers to address the root causes of crime in our community, keep our communities safer, keep families together, keep people out of incarceration, and get results. So I ask my colleagues to please support me in supporting this resolution to address root causes of crime in our community and celebrate May 2024 as Treatment Court Month.
Senator Polehanki offered the following resolution:
Senate Resolution No. 115.
A resolution to recognize May 1, 2024, as Older Michiganians Day.
Whereas, According to the 2021 American Community Survey’s five-year data set, 2,438,552 Michiganians are age 60 or older, equating to one in four citizens defined as an older adult by the Older Americans Act; and
Whereas, There are more older adults than children under the age of 18 in our state (2,188,856); and
Whereas, There are more older adults than pre-K through 12th grade students in our state (1,624,039); and
Whereas, 10,000 Americans celebrate their 65th birthday every day and become eligible for Medicare; and
Whereas, Older Michiganians are critical to our economy, workforce, educational system, faith-based institutions, charitable organizations, and institutions of government; and
Whereas, Many survived the Great Depression, sacrificed at home and abroad to defeat fascism and imperialism in World War II, built the post-war American economy, advocated for civil rights, led our state into the 21st century, and lived through the worldwide COVID-19 pandemic; and
Whereas, Older adults deserve our utmost respect and gratitude for their many contributions to our communities. Older citizens play vital leadership, volunteer, and mentoring roles all across our great state. Their lifetime contributions are immense and immeasurable in sum, while also being deeply personal, impactful, and meaningful on an individual basis; and
Whereas, Older adults are one of our state’s greatest resources for understanding our past and improving our future. They are truly a foundation upon which we can build a better tomorrow; and
Whereas, This invaluable group of citizens is being honored and admired for their many years of service in communities large and small across the entire state of Michigan. They have been an indispensable source of knowledge and inspiration throughout the years; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize May 1, 2024, as Older Michiganians Day. We honor our state’s population of older citizens.
The question being on the adoption of the resolution,
Senators Geiss and Webber were named co-sponsors of the resolution.
The motion prevailed.
Senator Polehanki’s statement is as follows:
Today, I rise in support of Senate
Resolution No. 115, recognizing May 2024 Older Michiganians Day—the only change
I would make is Michigander, it’s Michigander. This resolution is an
acknowledgment of the invaluable contributions of our older residents.
According to the 2021 American Community Survey, a staggering 2,438,552 Michigan residents are aged 60 or older. Behind these numbers lie stories of resilience, sacrifice, and unwavering commitment to the betterment of our society. These are the individuals who weathered the storms of the Great Depression, stood tall in defense of our nation during times of international conflict, fought tirelessly for civil rights, and endured the trials of the COVID-19 pandemic. Their journey is not just a testament to endurance but a blueprint for fortitude in the face of adversity—but it is not merely their past struggles that warrant our recognition. Older Michiganians continue to play pivotal roles across various spheres of our society. They are the backbone of our economy, wisdom in our workforce, guiding lights in our educational institutions, and pillars of our communities. Let us not forget their significance as members of our own families. As leaders, volunteers, and mentors, they impart valuable knowledge, wisdom, and experience to younger generations, enriching our collective understanding of our past and shaping a brighter future.
Today, let us pause to express our gratitude to these unsung heroes. Let us honor their decades of service, their countless sacrifices, and their unwavering dedication to making Michigan a better place for all.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Shink’s statement is as follows:
Today we celebrate the visit of the Dutch Ambassador, Birgitta Tazelaar, and the relationship between the Dutch people and the United States. It is a relationship that is close in many ways—socially, economically, and diplomatically. I appreciate the efforts of the Dutch ambassador and the Dutch legislative caucus to further this important relationship.
For my family, the history with the Dutch people is very important. Several of my ancestors were Dutch and came to this land seeking opportunity. They found it with the Dewitt family eventually providing grindstones to Kentuckians in the 1800s and with offspring settling in many of the midwestern states. For some of my ancestors who were not Dutch by birth, the Netherlands played a lifesaving role that altered the course of history and provides lessons for us as we grapple with immigration in a politically-unstable world.
Some of my ancestors spent time in sanctuary in the Netherlands. These ancestors were expelled from their native land under the threat of death. Others were imprisoned, and then became able to leave and fled to the Netherlands where they found sanctuary. Dissenters from the norm and their own country, they came without full documentation or significant belongings. In many ways they were like people some pejoratively call illegals, or less pejoratively undocumented immigrants, who come to our country today.
Some of these ancestors were Huguenots fleeing the St. Bartholomew’s Day Massacre. The Dutch people took them in and allowed them to prosper. They eventually came to the colonies, contributing greatly to the birth of our nation through their economic and social contributions, and participation in the Revolutionary War. The other ancestors of which I speak—reviled as heretics in their birthplace, some imprisoned as criminals—fled to the Netherlands for a time, and then made their way to this land in a ship called the Mayflower, founding the Plymouth Colony and becoming one of the defining groups of our national origin story.
Throughout history, the Netherlands has granted sanctuary to many people fleeing hardship. And those people, who likely would have died otherwise, have contributed greatly to our wellbeing. I recount this, Mr. President, to express my gratitude to the Netherlands for not only being the birthplace of some of those to who I owe my existence but also to express my gratitude to the Netherlands for having recognized that one country’s unwanted and undesirable, in fact sometimes criminal elements, have the potential to be an invaluable resource to contribute in a way that they are revered and idealized.
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 bill:
Senate Bill No. 571
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 571, entitled
A bill to amend 2023 PA 10, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; to make appropriations for the implementation of this act; and to prescribe penalties,” by amending the title and sections 1, 2, 8, and 22 (MCL 408.1101, 408.1102, 408.1108, and 408.1122) and by adding sections 2a and 25a.
The question being on the passage of the bill,
Senator Albert offered the following amendments:
1. Amend page 2, line 11, after “means” by striking out the balance of the subdivision and inserting “any officer, school board, board or commission of the state, or a state institution supported in whole or in part by state funds, authorized to enter into a contract for a state project or to perform a state project by the direct employment of labor.”.
2. Amend page 2, line 24, after “facility” by inserting “that meets both of the following conditions:
(i) Is authorized by a contracting agent.
(ii) Is sponsored or financed in whole or in part by this state.”.
3. Amend page 3, line 11, by striking out all of subdivisions (i) and (j) and relettering the remaining subdivisions.
4. Amend page 4, line 14, after “a” by striking out “public”.
The question being on the adoption of the amendments,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 103 Yeas—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Nays—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Excused—0
Not Voting—0
In The Chair: President
Senator Albert offered the following amendment:
1. Amend page 7, line 24, after “for” by striking out the balance of the line through “registrations” on line 26 and inserting “10 years”.
The question being on the adoption of the amendment,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 104 Yeas—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Nays—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Excused—0
Not Voting—0
In The Chair: President
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. 105 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.
Senators Albert, McBroom and Bellino, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 571.
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:
Well, here we go again. Two of the worst policies this Legislature has adopted over the last couple of years relate to energy mandates and artificially increase projects through prevailing wage. This doubles down on those bad policies and joins them together. How do big government central planners take over an economy? It does not happen all at once. It happens bit by bit, law by law, solar panel field by solar panel field, until one day we’re all living in a state where the government dictates the economy and the free market that built this great nation is just an afterthought.
Senate Bill No. 571 is another dangerous step in that wrong direction. Prevailing wage is a bad idea to do in any case because it raises the cost of the projects above what the free market dictates. Previously, prevailing wage has been confined to public payments for public projects, which artificially raises costs for taxpayers. With this proposal, we crossed the divide into uncharted territory and apply prevailing wage to private projects for the first time. Not only is the state dictating what type of energy projects we must have and where they must be located, now we’re also going to dictate the wage for those projects of two megawatts or more. That is going to artificially raise utility rates for families and businesses across Michigan. Where does it end? Which industry will big government take over next?
This proposal goes beyond the dictation of wages. It also creates a state project registration system and a certified payroll database for those involved in state financed projects, along with private solar and wind energy projects. It is centralized planning, plain and simple. Why are you so afraid of the free market? Why are you afraid to trust people to make decisions about where to work and for how much?
Our society will be only as free as our markets are, and this bill, once again, we are making our economy and our state less free. Thank you, and I urge a “no” vote.
Senator McBroom’s statement, in which Senator Bellino concurred, is as follows:
Mr. President, as I’ve said earlier today and said in the past, I don’t disagree with the premise of prevailing wage as delivered to me multiple times over the years. The idea that there are certain projects of public importance and of public financing that we need to be assured are not taken over by fly-by-night contractors and leaving taxpayers holding the bill for repairs afterward. There are certain times when it could very well be possible that an unscrupulous contractor would bring in workers who are not properly trained and not properly supervised or use bad equipment. The whole premise of prevailing wage from its inception was that when people bid on these public projects, that the ability to undercut the bid by unscrupulously finding laborers to work at a lower rate would be dangerous to the investment of public dollars, has at least some premise and some backing in the realities of how the human mind works and tries to leverage things to their own advantage. It’s an issue worthy of debate, and I’ve not been afraid to have that debate in this place or other places.
However, to now see us move in this dangerous direction away from public projects, away from the publicly-financed, taxpayer-funded projects and especially to move into solar and wind projects which don’t present some sort of public safety danger as school buildings and skyscrapers do, is very much not in line with any of the premise that’s been established for why we have prevailing wage in the first place. This move in this direction coupled with what is already explicitly told to us in the energy bill we passed last fall about the increase of rates, are we going to get an official recalculation from the Public Service Commission on how much our rates are going up? They already said it was going up 10 or 11 percent, and that was before we started down this path. What are we looking at now for our ratepayers in the state? From my ratepayers in the Upper Peninsula, who are already paying the highest energy rates in the country, then we wonder why we’re losing population. We do a whole study on population loss in this state and ignore how much it costs to power a home. We ignore that ratepayers in my area have doubled their rate payment from one month in 2023 to the next month, rates doubled. We have now initiated energy policy that’s going to reduce production of energy in the Upper Peninsula and now we’re initiating a policy here today that’s going to increase the cost of building the energy that’s supposed to replace it.
We’re not doing any favors to our
problems. We’re not being cognizant of the problems we all talk about. This is foolish in both the sense of how it is
for the realities on the ground and for the realities that my colleague,
Senator Albert, mentioned earlier on the philosophical side. This is a bad idea
and I urge a “no” vote.
The motion prevailed.
Senator Albert’s first statement, in which Senator Bellino concurred, is as follows:
I am opposed to prevailing wage mandates in any instance because it artificially raises costs beyond what the free market dictates, but these amendments are more modest. It simply seeks to undo the expansion of prevailing wage mandates as proposed in this legislation. It keeps prevailing wage requirements limited to the public sector.
Current law applies prevailing wage mandates only to state-financed taxpayer-funded projects; in short, prevailing wage applies only to public projects. This bill would expand prevailing wage to the private sector for the first time, mandating its use on privately funded wind and solar projects. That would artificially raise costs of wind and solar projects in Michigan, and those costs would be passed along to families and businesses through their higher utility bills. It also sets a dangerous precedent. Today, it’s wind and solar projects. What private industry will Democrats target for artificially increasing costs next?
It’s a bridge too far and we must not cross it. Thank you, and I urge my colleagues to support this amendment.
Senator Irwin’s statement is as follows:
I rise just to offer some reflections upon the comments that were just made by the Senator from the 18th District. It was said that when we pay our workers well, that is an artificial cost and that will artificially increase the cost of public projects here in the state of Michigan. I just want to remind my colleagues that the pay to the people who do the work is not artificial. There’s nothing artificial about how those paychecks for the hard-working people who build our roads and build our schools—there’s nothing artificial about how those paychecks end up paying their mortgage. There’s nothing artificial about how those paychecks end up putting food on the table for them and their families. There’s also nothing artificial about how when you get quality work done by a well-trained and well-organized people, that you get better projects and that these projects last longer, they serve the people better, and after all, that’s why we’re here: to serve the people.
When we pay a fair wage for a good job, I don’t see anything artificial about that. I see that as delivering on the bottom line to our taxpayers.
Senator Cherry’s statement is as follows:
Similar to my colleague, I’d like to hearken back when we included prevailing wage in our laws we passed in the fall for our clean energy projects. Part of the reasoning behind that was because we understand when we do work using trained, well-paid workers, it’s cheaper than doing the same work twice with untrained, poorly-paid workers. I would contend that actually by allowing our agency to enforce the laws we passed in the fall, we are actually holding down the cost of our transition by making sure we’re doing that work most efficiently and with well-trained workers.
Senator McBroom’s statement is as follows:
Mr. President, I’d like to address the idea that somehow the characterization that some of what is established through prevailing wage programs is not artificial as we heard someone claim just a little bit ago. The fact is that in many areas of the state, such as the Upper Peninsula, the wages that are established are entirely artificially established wages that are not representative of the prevailing wage in that community at all. Due to the way we have structured our prevailing wage law in this state, they are indeed not the actual prevailing wages for that community but are taken from communities ten hours away—nearly 500 miles away. They don’t compare to the wages that are paid on other jobs locally, even union labor jobs. We have created a system that does not do what it’s supposed to do, and when we voted on prevailing wage months ago, I spoke to it then—about the opportunities we had to make a better program that actually represented that and provided the important protections that prevailing wage has been created to do, the important protections it’s provided to create safer projects for our state to invest in, and safer conditions. I’m not opposed to the idea of prevailing wage. However, the way that the program is structured is not fully vetted, it’s not fully matured to deliver what it promises, and that’s why I believe we should support Senator Albert’s amendment.
Senator Albert’s second statement is as follows:
Today this legislation creates a new bureaucracy that will take time and added cost for businesses seeking to participate in state-funded projects or wind and solar energy projects. I guess it’s important to make note that this is not just applying to the wind and solar projects—this is for all prevailing wage projects, this provision. It creates a state project registration mandate for contractors on all state-financed projects and for contractors on these new wind and solar projects. As outlined in the bill, the registration would be valid for only one year at which point it would need to be renewed.
This amendment would ease the registration
requirement to once every ten years to reduce the administrative burden on
businesses. Thank you, and I urge my colleagues to support this amendment.
The following bill was read a third time:
House Bill No. 4331, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2227 (MCL 500.2227), as amended by 2014 PA 509.
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. 106 Yeas—24
Anthony Cherry Klinefelt Polehanki
Bayer Damoose McBroom Santana
Brinks Geiss McCann Shink
Camilleri Hertel McDonald Rivet Singh
Cavanagh Irwin McMorrow Webber
Chang Johnson Moss Wojno
Nays—14
Albert Hauck Lindsey Runestad
Bellino Hoitenga Nesbitt Theis
Bumstead Huizenga Outman Victory
Daley Lauwers
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 following bill was read a third time:
House Bill No. 4332, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4q (MCL 117.4q), as amended by 2013 PA 188.
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. 107 Yeas—22
Anthony Cherry McBroom Polehanki
Bayer Damoose McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Chang Klinefelt
Nays—16
Albert Hauck Lauwers Runestad
Bellino Hoitenga Lindsey Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
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 provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,”
The Senate agreed to the full title.
Announcements of Printing and Enrollment
House Bill Nos. 4169 4170 5384 5385 5386
The Secretary announced that the following bills were printed and filed on Tuesday, April 30, and are available on the Michigan Legislature website:
House Bill Nos. 5694 5695 5696
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Universities and Community Colleges submitted the following:
Meeting held on Tuesday, April 30, 2024, at 9:00 a.m., Room 1100, Binsfeld Office Building
Present: Senators McCann (C), Irwin, Singh, Albert and Damoose
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on LEO/MEDC submitted the following:
Meeting held on Tuesday, April 30, 2024, at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators Cavanagh (C), McDonald Rivet, McCann, McMorrow, Camilleri, Huizenga and Bumstead
COMMITTEE ATTENDANCE REPORT
The Committee on Housing and Human Services submitted the following:
Meeting held on Tuesday, April 30, 2024, at 12:30 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Irwin (C), Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey, Hoitenga and Damoose
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, April 30, 2024, at 1:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, April 30, 2024, at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Klinefelt (C), Wojno, Moss, Bayer, Shink, Hoitenga and Daley
Scheduled Meetings
Appropriations – Thursday, May 2, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307 (CANCELLED)
Civil Rights, Judiciary and Public Safety – Thursday, May 2, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312
Economic and
Community Development – Thursday,
May 2, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 11:01 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, May 2, 2024, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate