No. 41

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2024

 

 

 

 

 

Senate Chamber, Lansing, Thursday, May 2, 2024.

 

10:00 a.m.

 

 

The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.

 

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 Rick Outman of the 33rd District offered the following invocation:

Dear heavenly Father, thank You for this new day and for this opportunity to serve You in this unique position at this very unique time in history. Forgive us for turning away from You; forgive us for calling wrong right, for calling evil good. Speak to us, Father, help us to return to You. Give us wisdom for the tasks set before us. Help us not to ask that You support our requests solely because we think that what we ask is right, but rather that we listen to that still, small voice that comes from You, from Your Holy Spirit which resides in every believer. Help us to search Your Word; help us to pray to know Your will. Father, You promised that if we delight ourselves in You, that You would give us the desires of our heart, but that’s the key isn’t it? We need to delight ourselves in You. Help us to do that, so that we can make wise decisions for the people of the state and nation.

We pray all this in the name of Your Son, Jesus. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Lauwers moved that Senator Runestad be temporarily excused from today’s session.

The motion prevailed.

 

Senator Geiss entered the Senate Chamber.

 

Senator Singh moved that Senators Cavanagh and Santana be temporarily excused from today’s session.

The motion prevailed.

 

 

The Senate Business Office submits, pursuant to rule 1.208, that there was no out-of-state travel by members on legislative business for the quarter ended March 31, 2024.

 

 

Senator Singh moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 764

Senate Bill No. 765

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

 

 

Messages from the House

 

 

Senate Bill No. 27, entitled

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

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

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

 

Senator Cavanagh entered the Senate Chamber.

 

Senate Bill No. 249, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20904, 20912, 20950, 20952, and 20954 (MCL 333.20904, 333.20912, 333.20950, 333.20952, and 333.20954), sections 20904, 20912, and 20954 as amended by 2000 PA 375, section 20950 as amended by 2021 PA 25, and section 20952 as added by 1990 PA 179.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

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

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Geiss, Bayer and Chang introduced

Senate Bill No. 856, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1166c.

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

 

 

Senators Polehanki, Bayer, Geiss, Klinefelt, McMorrow, Shink, Chang, McCann and Wojno introduced

Senate Bill No. 857, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2017 PA 95.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

Senator Runestad entered the Senate Chamber.

 

Senators Bayer, Polehanki, Geiss, Klinefelt, McMorrow, Shink, Chang, McCann and Wojno introduced

Senate Bill No. 858, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234d (MCL 750.234d), as amended by 1994 PA 158.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Hoitenga, Theis, Hauck, Bellino and Lauwers introduced

Senate Bill No. 859, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 61508 (MCL 324.61508), as added by 1995 PA 57, and by adding section 503d.

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

 

 

House Bill No. 5182, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 116 (MCL 750.116).

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 Civil Rights, Judiciary, and Public Safety.

 

 

House Bill No. 5183, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 498.

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 Civil Rights, Judiciary, and Public Safety.

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.

 

10:43 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator Santana 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, Lieutenant Governor Gilchrist, designated Senator Hertel 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 with a substitute therefor, the following bill:

Senate Bill No. 758, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-4).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1.  Amend page 8, after line 1 by inserting:

     “Fruit and vegetable prescription program                                                                             100”.

2.  Amend page 8, line 8, by striking out “4,294,200” and inserting “4,294,300”.

3.  Amend page 8, line 12, by striking out “500,000” and inserting “500,100” and adjusting the subtotals, totals, and section 201 accordingly.

4.  Amend page 25, line 11, after “parties.” by inserting:

     “In negotiating the agreement, the department must:

(a) Prioritize the hiring of existing MAEAP technicians for equivalent positions within extension by considering relevant work experience and years of services in the MAEAP program.

(b) Encourage collaboration between extension and the conservation districts for the use and maintenance of necessary resources including office space, records, or equipment.

(c) Consult with the MAEAP Advisory Council (MCL 324.8708) regarding the standards included in the agreement and provide for continued input from the council.

(3) Prior to confirmation of the contract, the department shall present the agreement to the Michigan commission of agriculture and rural development for input and recommendations.

(4) The contract between the department and extension must be signed and operational no later than March 1, 2025.

(5) By not later than June 1, 2025, the department shall report to the agriculture committees and subcommittees of the Senate and House of Representatives on the status of the transition of MAEAP technical staff to extension.”.

The Senate agreed to the substitute as amended 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. 759, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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. 764, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1.  Amend page 12, line 10, after “(b)” by striking out the balance of the line through the first “(c)” on line 12.

2.  Amend page 12, line 13, by striking out the balance of the line through the first “(f)” on line 17 and inserting “(c)”.

3.  Amend page 12, line 19, by striking out “(g)” and inserting “(d)”.

4.  Amend page 12, line 20, by striking out all of subdivision (h) and “(i)” and inserting “(e)”.

5.  Amend page 12, line 23, by striking out “(j)” and inserting “(f)”.

6.  Amend page 12, line 25, by striking out the balance of the line through “(l)” on line 27 and inserting “(g)”.

7.  Amend page 13, line 1, by striking out “(m)” and inserting “(h)”.

8.  Amend page 16, line 21, after “213.” by striking out the balance of the line through “performance.” on line 24 and inserting “Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.”.

9.  Amend page 16, line 25, by striking out all of section 214.

10. Amend page 17, line 11, after “Directive” by striking out “No. 2019-08” and inserting “2023-1”.

11. Amend page 23, line 18, by striking out all of section 232.

The Senate agreed to the substitute as amended 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. 765, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1.  Amend page 7, line 4, by striking out all of lines 4 through 18 and inserting:

     “Sec. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, each department and agency receiving appropriations in part 1 shall prepare a report on out‐of‐state travel expenses not later than January 1. The report must list all travel by classified and unclassified employees outside this state in the preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s or agency’s budget. The department shall submit the report to the senate and house appropriations committees and to report recipients required in section 213. The report must include all of the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related expenses of each travel occurrence and the proportions funded with state general fund/general purpose revenues, state restricted revenues, federal revenues, and with other revenues.”.

2.  Amend page 9, line 17, by striking out all of section 214.

3.  Amend page 10, line 1, after “No.” by striking out “2019-08” and inserting “2023-1”.

4.  Amend page 10, line 19, by striking out all of section 218.

5.  Amend page 11, line 28, by striking out all of section 222.

6.  Amend page 12, line 12, by striking out all of section 225.

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

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

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

Senate Bill No. 764

Senate Bill No. 765

Senate Bill No. 758

Senate Bill No. 759

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

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. 4360

The motion prevailed.

 

 

The following bill was read a third time:

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 question being on the passage of the bill,

Senator Hoitenga offered the following amendment:

1.  Amend page 3, following line 12, by inserting:

     “(5) Notwithstanding section 13, if an incorporated municipality or a municipality otherwise granted taxing authority under state law is a member of an authority to provide emergency services under this section and the territory under the authority’s jurisdiction does not include all taxable property within the municipality, the municipality shall not tax the property owners that are not within the territory under the jurisdiction of the authority to fulfill the municipality’s obligation to the authority. The property owners that are not within the territory under the jurisdiction of the authority are not subject to assessments by the municipality to pay for the obligations of the authority.”.

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

 

 

Roll Call No. 108                                           Yeas—38

 

 

Albert                                Daley                                 Lauwers                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                               Klinefelt                                                                     

 

 

                                                                      Nays—0

 

 

                                                                   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. 817, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects and the department of natural resources for the fiscal year ending September 30, 2024; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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. 109                                           Yeas—38

 

 

Albert                                Daley                                 Lauwers                            Polehanki

Anthony                             Damoose                            Lindsey                             Runestad

Bayer                                 Geiss                                 McBroom                          Santana

Bellino                               Hauck                                McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Bumstead                           Hoitenga                            McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Johnson                             Outman                             Wojno

Cherry                               Klinefelt                                                                     

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

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

Senate Bill No. 758

Senate Bill No. 759

Senate Bill No. 764

Senate Bill No. 765

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 758, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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. 110                                           Yeas—28

 

 

Anthony                             Cherry                               Klinefelt                            Outman

Bayer                                 Daley                                 Lauwers                            Polehanki

Brinks                                Damoose                            McBroom                          Santana

Bumstead                           Geiss                                 McCann                             Shink

Camilleri                            Hertel                                 McDonald Rivet                 Singh

Cavanagh                           Huizenga                            McMorrow                        Victory

Chang                                Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—10

 

 

Albert                                Hoitenga                            Nesbitt                               Theis

Bellino                               Johnson                             Runestad                           Webber

Hauck                                Lindsey                                                                      

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Bumstead’s statement is as follows:

Mr. President, I rise to support the Department of Agriculture and Rural Development budget before us.

This budget bill is a tremendous improvement over Governor Whitmer’s ill-advised recommendation that would have been devastating for Michigan’s MAEAP program. MAEAP has been an extremely successful partnership between the state and family farms, with over 6,300 farms verified as environmentally friendly. The Governor’s recommendation would have ended the third-party objectivity that is a cornerstone of the program, risking a confrontational rather than cooperative relationship between the program technicians and Michigan farmers. I appreciate the increase and support for conservation districts, which play such an important role in local natural resource management.

Mr. President, I applaud the Chair’s willingness to listen to the concerns of the agriculture industry and I’m glad to ask my colleagues for their support.

 

 

The following bill was read a third time:

Senate Bill No. 759, entitled

A bill to make, supplement, adjust, and consolidate appropriations for the department of natural resources for the fiscal year ending September 30, 2025; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Albert offered the following amendments:

1.  Amend page 7, line 2, after “State employees retirement system implementation costs” by striking out “800,000” and inserting “1,474,600”.

2.  Amend page 7, line 3, after “$” by striking out “55,695,000” and inserting “56,369,600”.

3.  Amend page 7, line 6, after “funds” by striking out “7,242,000” and inserting “7,136,300”.

4.  Amend page 7, line 8, after “fees” by striking out “55,300” and inserting “54,500”.

5.  Amend page 7, line 9, after “fund” by striking out “47,000” and inserting “46,300”.

6.  Amend page 7, line 10, after “account” by striking out “75,500” and inserting “74,400”.

7.  Amend page 7, line 11, after “fund” by striking out “22,243,900” and inserting “21,919,400”.

8.  Amend page 7, line 12, after “fund” by striking out “1,447,600” and inserting “1,426,500”.

9.  Amend page 7, line 13, after “fund” by striking out “73,900” and inserting “72,800”.

10. Amend page 7, line 14, after “fund” by striking out “22,500” and inserting “22,200”.

11. Amend page 7, line 15, after “fund” by striking out “177,700” and inserting “175,100”.

12. Amend page 7, line 16, after “fund” by striking out “2,966,900” and inserting “2,923,600”.

13. Amend page 7, line 17, after “fund” by striking out “75,500” and inserting “74,400”.

14. Amend page 7, line 18, after “revenue” by striking out “752,900” and inserting “741,900”.

15. Amend page 7, line 19, after “fund” by striking out “1,202,300” and inserting “1,184,800”.

16. Amend page 7, line 20, after “$” by striking out “19,312,000” and inserting “20,517,400” and adjusting the subtotals, totals, and section 201 accordingly.

17. Amend page 29, line 27, after “No.” by striking out the balance of the page and inserting “497.”.

The amendments were not adopted, a majority of the members serving not 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. 111                                           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.

 

 

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

The motion prevailed.

Senator Albert’s statement is as follows:

This amendment addresses proposed changes in retirement benefits for conservation officers in this budget. I will be offering a version of this amendment for each affected state budget. In short, my amendment would provide funding to implement a significantly better 401(k) match for these officers instead of moving them into the State Police pension. It includes elements of Senate Bill No. 497, which I introduced earlier this session. I’ll be talking about this issue more in depth as we move forward in the budget process.

Thank you, and I ask for support of my amendment.

The following bill was read a third time:

Senate Bill No. 764, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Theis offered the following amendment:

1.  Amend page 23, following line 17, by inserting:

     “Sec. 231. It is the intent of the legislature that the department establish an employee performance monitoring process that is consistent throughout the department, in addition to current civil service commission evaluations. The department shall submit an annual report on changes to the employee performance monitoring process that are planned or implemented, as well as the number of employee evaluations performed.”.

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. 112                                           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. 113                                           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 Theis and Bellino, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 764.

Senator Theis moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Theis’ statement, in which Senator Bellino concurred, is as follows:

Mr. President, last year I watched my colleagues on the other side of the aisle waste no time growing regulatory agencies, adding more bureaucrats to the state payroll, and ballooning the budget. A year later, it seems like they’re still not concerned about the consequences of reckless government spending. This budget before us today includes spending for social equity programs and Green New Deal energy mandates, yet at the same time, less accountability for a department’s performance. When the power inevitably goes out and energy prices start spiking as a result of Lansing Democrats’ Green New Deal mandates, Michiganders should be able to know who’s responsible.

For those reasons, I ask my colleagues for a “no” vote on this budget.

 

 

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

The motion prevailed.

Senator Theis’ statement is as follows:

This amendment would reinsert language requiring LARA to establish an employee performance monitoring process. The Legislature has long required the department to establish consistent methods of evaluating employee performance and should continue to do so. Government workers should be held to the same standard as private sector workers. People working in the private sector can be fired if they don’t do their job well, and the same should be true for government sector workers. These standards ensure accountability and efficiency in serving the public. It is our responsibility to ensure taxpayer dollars are being used effectively and that residents can access the services they need. I ask for support of my amendment.

 

 

The following bill was read a third time:

Senate Bill No. 765, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Theis offered the following amendment:

1.  Amend page 10, following line 18, by inserting:

     “Sec. 217. Appropriations in part 1, to the extent possible by the department, must not be expended until all existing work project authorization available for the same purposes is exhausted.”.

The amendment was not adopted, a majority of the members serving not 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. 114                                           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.

 

 

Protest

 

 

Senator Theis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 765 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Theis’ statement is as follows:

For many of the same reasons I just listed in my last “no” vote explanation, I am again concerned about the financial impact of this budget and the transparency associated with it. The fact we are willing to turn down further transparency in the form of amendments is so extraordinarily frustrating. I ask for a “no” vote on this bill.

 

 

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

The motion prevailed.

Senator Theis’ statement is as follows:

The amendment before you would reinsert work project authorization language requirements. The Legislature should have oversight of the money the department moves. This important transparency measure ensures we are being good stewards of taxpayer dollars. I ask for support of my amendment.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Singh moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 116

House Concurrent Resolution No. 14

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

 

 

Senator Moss offered the following resolution:

Senate Resolution No. 116.

A resolution to recognize May 5-6, 2024, as Holocaust Remembrance Day.

Whereas, The horrors of the Holocaust should never be forgotten. The Holocaust was the state-sponsored systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators from 1933-1945; and

Whereas, The Holocaust resulted in the extermination of six million Jews and their potential decedents. The world’s Jewish population was reduced by one-third; and

Whereas, Poland, home to the largest Jewish community before World War II, lost 90 percent of its Jewish population. Greece, Yugoslavia, Hungary, Lithuania, Bohemia, the Netherlands, Slovakia, and Latvia each lost more than 70 percent of their Jewish population; and

Whereas, Millions more suffered grievous oppression and death under Nazi tyranny based on their religion, including Catholic priests, Christian pastors, and Jehovah’s Witnesses; their national origin, including Poles, Soviets, Ukrainians and Sorbs; their ethnicity and culture, including the Romani people; their political beliefs, including courageous resisters and government dissidents; their physical appearance, including those with disabilities; and their sexual orientation and gender identity; and

Whereas, The same conspiracies, hatred, and acts of cruelty against Jews still persist today. On October 7, 2023, 1,200 Jews and others in Israel were slaughtered and hundreds more were taken hostage, including survivors of the Holocaust. This was the single most violent event targeting Jews since 1945 and unleashed public displays of Jewish hatred not seen in generations; and

Whereas, In 2023, The Anti-Defamation League (ADL) reported that antisemitic incidents increased 140 percent, including an increase in assaults by 45 percent, harassment by 184 percent, and acts of vandalism by 69 percent. This data amounts to the highest level of antisemitism in the 45 years these incidents have been tracked, as well as a significant increase over 2022 which set the previous record for antisemitic incidents; and

Whereas, The history of the Holocaust must instruct the moral and ethical responsibilities of individuals, societies, and government when confronting antisemitism. It serves as an important reminder of what can happen when we allow bigotry, hatred, and indifference to enter and conquer our societies in moments of peril for Jewish populations. These lessons must not expire; and

Whereas, The state of Michigan, through PA 170 of 2016, requires that the social studies curriculum for grades 8 to 12 includes age- and grade-appropriate instruction about genocide so students learn about past atrocities, factually and comprehensively. This education provides future generations the tools to ensure the evils in history are not repeated; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize May 5-6, 2024, as Holocaust Remembrance Day; and be it further

Resolved, That in honor of the victims of the Holocaust, the survivors, and their liberators, the citizens of Michigan should reflect upon this terrible event and strive to overcome hatred and intolerance through both learning and remembrance.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Damoose, Geiss, Polehanki, Theis and Wojno were named co-sponsors of the resolution.

House Concurrent Resolution No. 14.

A concurrent resolution to urge the federal government to increase funding for Double Up Food Bucks programs.

Whereas, Double Up Food Bucks programs increase the purchasing power of individuals who receive Supplemental Nutritional Assistance Program (SNAP) benefits by providing a dollar-for-dollar match of SNAP benefits spent on fresh fruits and vegetables at participating grocery stores and farmers markets. The benefit is available in the form of a credit redeemable for future purchases of fresh fruits and vegetables; and

Whereas, Michigan’s Double Up Food Bucks program was piloted in Detroit in 2009 and became a national model. Today, Double Up Food Bucks are offered in more than 235 locations across Michigan, and 2,928 retailers throughout the country participate in nutrition incentive programs; and

Whereas, These programs help lower-income families who struggle to afford nutritious food essential to their health and well-being. In 2022, SNAP and Double Up Food Bucks were used to purchase 12.2 million dollars in fruits and vegetables for more than 113,500 households. Every year, more than 1.5 million Michigan residents use SNAP benefits to help put food on the table, and over 211,000 households used the Double Up Food Bucks program in 2023; and

Whereas, Michigan’s Double Up Food Bucks program creates new markets for Michigan farmers, putting more money into farmers’ pockets and strengthening local economies. Of the farmers who have participated in Double Up Food Bucks, 90 percent sold more fruits and vegetables, and 85 percent made additional profits. In 2023, 782 Michigan farms directly benefited from this program; and

Whereas, Every month, participating grocers and farmers markets are reimbursed for the cost of the Double Up Food Bucks benefits utilized by families. The cost is paid for by the Fair Food Network, a private nonprofit that developed and administers Double Up Food Bucks programs. The programs are funded by state appropriations, private nonprofit foundations, and federal grants; and

Whereas, Double Up Food Bucks programs are greatly in need of additional federal funding. During a five-month period from August 2022 through December 2022, the Fair Food Network was forced to suspend Double Up earning at most participating grocers in Michigan, and from January through September 2023, the maximum daily limit on matched benefits was reduced from 20 dollars to 10 dollars per household. These measures were caused by an increase in program participation and a reduction in budgetary support; and

Whereas, The future scaling of the Double Up Food Bucks program will rely on receiving awards from the United States Department of Agriculture’s Gus Schumacher Nutrition Incentive Program, created in the 2018 Farm Bill. These federal awards cover 50 percent of eligible project costs and help to ensure the viability of programs committed to providing fresh fruits and vegetables to income-eligible consumers. Additional grants and federal funding for Double Up Food Bucks programs are critical to providing nutritional support to families; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the federal government to increase funding for Double Up Food Bucks programs and lower the non-federal match in order to further leverage the state of Michigan’s investment; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of Agriculture, and the members of the Michigan congressional delegation, and the Chairs and Ranking Members of the House and Senate Committees on Agriculture.

The House of Representatives has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

Statements

 

 

Senators McBroom and Moss asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator McBroom’s statement, in which Senator Hauck concurred, is as follows:

Mr. President, I’m joined here by my colleague, Senator Hauck, to make an important announcement regarding plagiarism—plagiarism and the stealing of intellectual property. This is a serious issue. There’s many famous plagiarists and famous situations all around our country’s history of people who steal other people’s stuff—their intellectual property, their writing, their speaking, and it’s time for that to stop. That’s why Senator Hauck and I today are calling out the Senator from the 16th District for his repeated, unabashed waving of the hand to say he’d like to have our “no” vote explanations count as his “no” vote explanations. Tell him to write his own darn “no” vote explanations.

Senator Moss’ statement is as follows:

We just adopted a resolution to commemorate Yom HaShoah—Holocaust Remembrance Day. The Holocaust casts a very long shadow. It’s been very clear in these last wretched 7 months that the tragedy of the Holocaust doesn’t ever heal, but it evolves into new tragedies. Of course, the first initial wave of the tragedy was the ongoing horror from 80 to 90 years ago in real time—the unspeakable chaos of what was happening, the uncertainty of what would happen next, the systematic, state-sponsored machine that plucked innocent Jews from society and thrust them into a genocide.

When the death camps were liberated, the next wave of tragedy was just assessing what had happened. Who survived. What they had to endure. Who would never be heard from again. Two-thirds of European Jews were gone. Ninety percent of Polish Jews, including members of my family, were murdered. How to rebuild Jewish life? Where could they even go?

The tragedy continued to evolve in the successive decades with the emergence of Holocaust denialism, especially as aging survivors pass away and we lose the direct eyewitnesses to one of the worst horrors in human history. And now, in this environment today, a new aspect of the tragedy emerges: the fact that the descendants among 6 million Jews murdered, including 1.5 million children, simply do not exist.

There were more than 16 million Jews in the world in 1939. There are roughly 15 million Jews in the world today. The world population has grown exponentially, there are now 2.5 billion Christians in the world, 2 billion Muslims in the world, and 15 million Jews. The vast majority of people who walk on this Earth will never meet a Jewish person as long as they live. You are more likely to hear about what others say about Jewish people than to actually know a Jewish person yourself. There are tweets and TikTok videos that have more views than there are Jews alive today. Think of the implications that this has contributed to the current rise in antisemitism. And for those who do know a Jewish person, they are still unlikely to know what Judaism is about unless they are intentional in their efforts to listen and to learn.

So in this moment, which feels like a five-alarm fire for many of us in the Jewish community, it presents the rest of you with a series of choices. Seriously think about this. Could you go about your daily life without the plight of Jews impacting you? Could you live in a world without Jews? I cannot, so that’s why I speak out. I take a lot of abuse, especially online, from people who want to lecture at me what Judaism is, who are the good Jews, who are the bad Jews, but I will still speak out.

“I don’t speak because I have the power to speak; I speak because I don’t have the power to remain silent.” Those are the words from HaRav Kook, the first chief rabbi in British Mandatory Palestine, the pre-Israel state, more than 100 years ago. So, for those of you who do have the power to remain silent in this moment as we reflect on this Yom HaShoah, will you speak?

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 1:

House Bill Nos.     5182  5183

 

The Secretary announced that the following bills were printed and filed on Wednesday, May 1, and are available on the Michigan Legislature website:

House Bill Nos.     5697   5698   5699   5700  5701   5702  5703

 

The Secretary announced that the following bills were printed and filed on Thursday, May 2, and are available on the Michigan Legislature website:

Senate Bill Nos.      844    845    846    847    848    849    850    851    852    853    854    855

 

 

Committee Reports

 

 

The Committee on Appropriations reported

Senate Bill No. 748, entitled

A bill to make appropriations for the department of lifelong education, advancement, and potential for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 749, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2024; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 752, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), section 236 as amended by 2023 PA 320 and section 241 as amended by 2023 PA 103.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 753, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), section 201 as amended by 2023 PA 320 and section 206 as amended by 2023 PA 103.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 760, entitled

A bill to make appropriations for the legislature, the executive, the department of the attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain other state purposes for the fiscal year ending September 30, 2025; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 761, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow, Cavanagh, Bumstead and Damoose

Nays: Senators Albert, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 764, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 765, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No. 766, entitled

A bill to make appropriations for the department of labor and economic opportunity for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 767, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 769, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Sarah Anthony

Chairperson

To Report Out:

Yeas: Senators Anthony, McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow and Cavanagh

Nays: Senators Bumstead, Albert, Damoose, Huizenga, Outman and Theis

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, May 1, 2024, at 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Anthony (C), McCann, McDonald Rivet, Cherry, Bayer, Santana, Shink, Irwin, Hertel, Camilleri, Klinefelt, McMorrow, Cavanagh, Bumstead, Albert, Damoose, Huizenga, Outman and Theis

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Elections and Ethics submitted the following:

Meeting held on Wednesday, May 1, 2024, at 3:30 p.m., Room 1100, Binsfeld Office Building

Present: Senators Moss (C), Wojno, Santana, McMorrow, Chang, Johnson and McBroom

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 11:31 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, May 7, 2024, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate