STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2024
Senate Chamber, Lansing, Thursday, June 20, 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 Jonathan Lindsey of the 17th District offered the following invocation:
Jesus, meek and humble of heart, deliver me. Deliver me from the desire of being esteemed, from the desire of being loved, from the desire of being extolled, from the desire of being honored, from the desire of being praised, from the desire of being preferred to others, from the desire of being consulted, from the desire of being approved. Jesus, deliver me from the fear of being humiliated, from the fear of being despised, from the fear of suffering rebukes, from the fear of being forgotten, from the fear of being ridiculed, from the fear of being wronged, from the fear of being suspected.
Jesus, grant me the grace to desire that others may be esteemed more than I; that, in the opinion of the world, others may increase and I may decrease; that others may be chosen and I set aside; that others may be praised and I go unnoticed; that others may be preferred to me; that others may become holier than I, provided that I may become as holy as I should. Jesus, I pray in Your name. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
The motion prevailed.
The following communication was received:
Office of Senator Rosemary Bayer
June 18, 2024
Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 922 by Senator Klinefelt, Senate Bill 923 by Senator Anthony, Senate Bill 924 by Senator Hertel, and Senate Bill 925 by Senator Irwin on June 13th, 2024.
Sincerely,
Rosemary K. Bayer
13th Senate District
State Senator
The communication was referred to the Secretary for record.
Senator Johnson entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1491 (MCL 600.1491), as added by 1998 PA 249.
The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1166c.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The
bill was read a first and second time by title and referred to the Committee on
Education.
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators Nesbitt, Chang, Anthony, McBroom and Geiss entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Resolutions
Senate Resolution No. 133
Senate Resolution No. 134
The motion prevailed, a majority of the members serving voting therefor.
Senators Cavanagh, Shink, Klinefelt, McCann, Geiss, Chang, McMorrow and Bayer offered the following resolution:
Senate Resolution No. 133.
A resolution to recognize June 23-29, 2024, as Grassroots Week.
Whereas, Grassroots Week is a week to appreciate, highlight, and honor precinct delegates and grassroots leaders throughout the state of Michigan; and
Whereas, A healthy democracy requires participation from every person; and
Whereas, The term “grassroots” refers to movements which mobilize masses to participate in politics; and
Whereas, Grassroots movements are often organized by everyday people rather than elected leaders; and
Whereas, Precinct delegates represent the smallest level of organization in our districting system; and
Whereas, These delegates must be residents of their precinct and act as the link between their community and their elected party; and
Whereas, Precinct delegates are often the principal organizers of grassroots work in their neighborhoods, calling upon their network of connections to move forward a worthy cause; and
Whereas, Delegates commit themselves to many important duties, including registering their neighbors to vote and electing candidates in party conventions, supporting the preferences of their precinct; and
Whereas, Precinct delegates and grassroots organizers deserve recognition for their sacrifice of time, energy, and passion, all of which are essential for building participation in our democracy; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize June 23-29, 2024, as Grassroots Week. We salute the service of precinct delegates and grassroots leaders across the state; and be it further
Resolved, That we encourage every Michigan resident to express their gratitude for precinct delegates’ active engagement in our democratic process.
The question being on the adoption of the resolution,
Senator Santana was named co-sponsor of the resolution.
The motion prevailed.
Senator Cavanagh’s statement is as follows:
Today I rise in support of my resolution,
Senate Resolution No. 133, declaring June 23-29, 2024, as Grassroots Week in
the state of Michigan. The term “grassroots” refers to movements that mobilize
masses to participate in politics and our democracy. A grassroots movement is
in action when everyday people are the leaders of change.
We recognize June 23 as the start of Grassroots Week in the honor of the day that civil rights leaders joined Detroit city officials and community leaders including Dr. Martin Luther King Jr., and then-mayor of Detroit, Jerome Cavanagh, my grandfather, as they led the Detroit Walk to Freedom to protest widespread racial injustices. This was one of the largest civil rights demonstrations in Michigan’s history, drawing over 125,000 participants. This resolution highlights the never-ending work of our precinct delegates, who are grassroots leaders who rarely receive appreciation for the essential work they do year-round to build civic engagement in our communities. From my grandfather marching the streets of Detroit to my own experience as a precinct delegate, I almost certainly would not be here today as a Senator for the 6th District without the power of the grassroots organizing.
I ask my colleagues to support this resolution in honor of Michigan grassroots leaders, thank them for their service to our democracy, and celebrate the victories of grassroots movements in our state in our future.
Senate Resolution No. 134.
A resolution to recognize the 60th anniversary of Freedom Summer.
Whereas, In the early 1960s, Mississippi was the most brutally segregated state in the country, having the lowest per capita and family income of any state, with huge gaps between white and black family incomes and education levels; and
Whereas, Many civil rights activists in Mississippi were beaten, shot, and murdered, including Medgar Evers; and
Whereas, African Americans were effectively barred from holding any elected office, serving on juries, and from registering or voting without facing possible violence; and
Whereas, Mississippi was effectively a one-party state, controlled by the Democratic party, which barred African Americans from membership; and
Whereas, The Student Nonviolent Coordinating Committee, the Congress of Racial Equality, the Southern Christian Leadership Council, and the National Association for the Advancement of Colored People (NAACP) came together in 1962 to form the Council of Federated Organizations (COFO) with the purpose of challenging segregation and exposing the violent culture that subjugated African Americans; and
Whereas, In the summer of 1964, COFO made a strategic decision to campaign and bring volunteers from all over the country to Mississippi to register Black voters, create Freedom Schools, establish libraries, and support the efforts of the Mississippi Freedom Democratic Party to build an integrated political party to challenge the racist policies that barred non-whites from having a voice in state and local government; and
Whereas, COFO made another strategic decision to have almost all of the out-of-state volunteers be white in order to draw national attention to the brutality and corruption that dominated Mississippi; and
Whereas, These volunteers included over 75 Michiganders, 1,000 student volunteers from northern colleges and universities, 254 clergy, 169 attorneys, and 50 medical professionals, as well as a staff of over 120 Mississippi residents. All volunteers recognized that they would be facing violent resistance; and
Whereas, During the Freedom Summer, two student volunteers and four Mississippi residents were murdered; and
Whereas, In addition, 80 volunteers were brutally beaten, 37 churches were firebombed or burned, and at least 30 Black homes and businesses were destroyed; and
Whereas, Less than 10 percent of the 17,000 African American voters who attempted to register to vote were successful; and
Whereas, Freedom Schools in rural counties were attended by 30,000 students and over 50 Freedom libraries were established, providing adult literacy classes; and
Whereas, In an election held by the Mississippi Freedom Democratic Party, 60,000 state residents voted to select an integrated slate of delegates to challenge the segregated state party delegation at the 1964 Democratic National Convention held in Atlantic City; and
Whereas, While Michigan has long been a national leader in voter registration, election turnout, and election security, the fight to secure the right to vote continues to be an ongoing struggle in many other parts of the country; and
Whereas, We recognize and honor the Michigan residents who risked their own personal safety to join the 1,500 volunteers during the 1964 Freedom Summer; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize the 60th anniversary of Freedom Summer. The right of any citizen to vote in local, state, or national elections is essential to the vitality of our democracy.
The question being on the adoption of the resolution,
Senator Santana was named co-sponsor of
the resolution.
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:56 a.m.
The Senate was called to order by the President pro tempore, Senator Moss.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Santana as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4308, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811hh; and to repeal acts and parts of acts.
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 30c.
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 112.
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4723, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 803s.
Substitute (S-2).
House Bill No. 5056, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811hh.
Substitute (S-1).
House Bill No. 5058, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811gg.
Substitute (S-1).
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:29 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Singh moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 251
The motion prevailed.
A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 15 (MCL 474.115), as amended by 2016 PA 349.
(This bill was returned from the House on Tuesday, June 18 with a House substitute (H-1), immediate effect and full title, and was laid over under the rules. See Senate Journal No. 60, p. 759.)
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 251 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
Senator Singh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44c (MCL 125.1444c), as amended by 2012 PA 345.
(This bill was returned from the House without amendment on Tuesday, June 18 and the recommendation for immediate effect postponed. See Senate Journal No. 60, p. 760.)
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
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
Third Reading of Bills
Senator Singh moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 705
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 705, entitled
A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 2022 PA 215.
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. 252 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. 897, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 2b.
The question being on the passage of the bill,
Senator Daley offered the following amendment:
1. Amend page 2, line 1, after “fee.” by inserting “The township shall use the money generated from collecting a user fee only for purposes related to owning or operating the public service facility.”.
The question being on the adoption of the amendment,
Senator Theis 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. 253 Yeas—17
Albert Hauck Lauwers Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose
Nays—21
Anthony Cherry Lindsey Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McDonald Rivet Shink
Camilleri Irwin McMorrow Singh
Cavanagh Klinefelt Moss Wojno
Chang
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. 254 Yeas—21
Anthony Cherry Klinefelt Polehanki
Bayer Damoose McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Chang
Nays—17
Albert Hoitenga Lindsey Runestad
Bellino Huizenga McBroom Theis
Bumstead Johnson Nesbitt Victory
Daley Lauwers Outman Webber
Hauck
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Daley’s statement is as follows:
I rise to speak in support of my amendment. My amendment would simply state that any funds raised by the toll on this bridge must be spent on operation of the bridge and cannot be used for some other purpose. The township officials who came before the committee admitted that they have no intention of using this money for a non-bridge purpose, yet these officials will not be in office forever. My amendment would simply put into law what everyone agreed was a good idea, that toll funds raised from the Michigan residents driving over the bridge be used for the maintenance of the bridge and nothing more. Just good policy.
The following bill was read a third time:
Senate Bill No. 771, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 657a (MCL 257.657a), as amended by 2018 PA 139.
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. 255 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. 378, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204c (MCL 500.1204c), as amended by 2017 PA 67.
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. 256 Yeas—37
Albert Daley Klinefelt Outman
Anthony Damoose Lauwers Polehanki
Bayer Geiss Lindsey Santana
Bellino Hauck McBroom Shink
Brinks Hertel McCann Singh
Bumstead Hoitenga McDonald Rivet Theis
Camilleri Huizenga McMorrow Victory
Cavanagh Irwin Moss Webber
Chang Johnson Nesbitt Wojno
Cherry
Nays—1
Runestad
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protest
Senator Runestad, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 378.
Senator Runestad’s statement is as follows:
Thank you, Mr. President, I just wanted a quick “no” vote explanation on that bill that allows you to join an organization in order to not do your continuing education credits. I’m an insurance agent, licensed, and take all my continuing education credits where you have to make sure you’re updated on all of the current laws dealing with clients that you may deal with to join an organization, some insurance organization, that may or may not have the best interests of the public at large, and that gets your credit? It makes me very suspicious of how this came about, and how did they get the influence to basically induce people to join, agents to join their organization and skirt around what I believe is necessary, and that is the actual training.
The following bill was read a third time:
Senate Bill No. 495, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 8182 (MCL 500.8182), as added by 1990 PA 1, and by adding sections 8199b and 8199c.
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. 257 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.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Singh moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 926, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 41 (MCL 432.41), as amended by 2009 PA 25.
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” by amending section 625 (MCL 418.625), as
amended by 2012 PA 83.
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 2 (MCL 722.712), as amended by 2009 PA 235.
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2009 PA 60.
A bill to amend 1997 PA 70, entitled “Compulsive gaming prevention act,” by amending section 3 (MCL 432.253), as amended by 2008 PA 282.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57e, 57g, 57p, and 57r (MCL 400.57e, 400.57g, 400.57p, and 400.57r), sections 57e, 57p, and 57r as amended by 2011 PA 131 and section 57g as amended by 2014 PA 375.
A bill to amend 2019 PA 149, entitled “Lawful sports betting act,” by amending section 16 (MCL 432.416).
A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending section 16 (MCL 432.316), as amended by 2022 PA 269.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 117i (MCL 400.117i).
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
Senate Bill No. 926
Senate Bill No. 927
Senate Bill No. 928
Senate Bill No. 929
Senate Bill No. 931
Senate Bill No. 932
Senate Bill No. 933
Senate Bill No. 934
Senate Bill No. 935
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Santana as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 926, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely
lottery act,” by amending section 41 (MCL 432.41), as amended by 2009 PA 25.
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 625 (MCL 418.625), as amended by 2012 PA 83.
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 2 (MCL 722.712), as amended by 2009 PA 235.
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2009 PA 60.
A bill to amend 1997 PA 70, entitled “Compulsive gaming prevention act,” by amending section 3 (MCL 432.253), as amended by 2008 PA 282.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57e, 57g, 57p, and 57r (MCL 400.57e, 400.57g, 400.57p, and 400.57r), sections 57e, 57p, and 57r as amended by 2011 PA 131 and section 57g as amended by 2014 PA 375.
A bill to amend 2019 PA 149, entitled “Lawful sports betting act,” by amending section 16 (MCL 432.416).
A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending section 16 (MCL 432.316), as amended by 2022 PA 269.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 117i (MCL 400.117i).
The bills were placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 926
Senate Bill No. 927
Senate Bill No. 928
Senate Bill No. 929
Senate Bill No. 931
Senate Bill No. 932
Senate Bill No. 933
Senate Bill No. 934
Senate Bill No. 935
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 12:08 p.m.
The Senate was called to order by the President pro tempore, Senator Moss.
Messages from the Governor
The following messages from the Governor were received:
Time: 10:04 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 415 (Public Act No. 63), being
An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending sections 12 and 18 (MCL 205.62 and 205.68), as amended by 2022 PA 3.
(Filed with the Secretary of State on June 20, 2024, at 11:00 a.m.)
Time: 10:06 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 416 (Public Act No. 61), being
An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 14a and 14b (MCL 205.104a and 205.104b), as amended by 2022 PA 4.
(Filed with the Secretary of State on June 20, 2024, at 10:56 a.m.)
Time: 10:10 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 691 (Public Act No. 60), being
An act to amend 1965 PA 232, entitled “An act relating to the marketing of agricultural commodities or agricultural commodity inputs; to provide for marketing and research programs, agreements, referendums by producers, assessments on producers, and commodity committees; and to prescribe certain functions of the department of agriculture relative thereto including powers of enforcement of this act; and to prescribe remedies and penalties,” by amending section 8 (MCL 290.658), as amended by 2002 PA 601.
(Filed with the Secretary of State on June 20, 2024, at 10:54 a.m.)
Time: 10:12 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 225 (Public Act No. 59), being
An act to prohibit certain public entities from entering into certain contracts with certain entities that remove or abate asbestos; to require certain entities to disclose certain information when bidding on certain contracts with public entities; and to impose certain duties and responsibilities on certain public entities.
(Filed with the Secretary of State on June 20, 2024, at 10:52 a.m.)
Date: June 20, 2024
Time: 10:14 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 226 (Public Act No. 58), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 5519b.
(Filed with the Secretary of State on June 20, 2024, at 10:50 a.m.)
Respectfully,
Gretchen Whitmer
Governor
The following message from the Governor was received on June 20, 2024, and read:
EXECUTIVE ORDER
No. 2024-4
Gun Violence Prevention Task Force
Department of Health and Human Services
Gun violence is a uniquely American problem. In 2020, firearm-related incidents became the leading cause of death for all children and adolescents in the United States. Rates of gun violence represent an ongoing public health crisis, one disproportionately impacting low-income and vulnerable communities. We must act to save lives and protect public safety.
Michigan has one of the highest rates of gun violence in the nation. Tragedies at Michigan State University, Oxford High School and recently in Rochester Hills serve as just a few sobering examples of what occurs when the root causes of gun violence are not addressed. We must honor though action all those who have been harmed and that we have lost throughout our state.
As a state, we have taken action to change laws and policy to address gun violence. We enacted commonsense legislation supported by a majority of Michiganders—background checks, safe storage laws, extreme risk protection orders, and stronger gun penalties for those convicted of domestic violence. Additionally, we dedicated millions of dollars in our balanced, bipartisan state budgets to school and community safety initiatives aimed at preventing future tragedies, as well as helping those impacted by gun violence heal. New offices have been formed and collaborations have begun, all with the goal of preventing future instances of gun violence from shattering more families, communities, and individuals.
Early returns on these investments across the State of Michigan have suggested early success but there is more we must do to build a safer future for all Michiganders. We must evaluate what we have done, what we are doing, and what more we can do to reduce gun violence and save lives. Creating a new statewide task force will continue the process of raising awareness to the unique causes of gun violence and help build more solutions to prevent future tragedies.
Section 51 of article 4 of the Michigan Constitution of 1963 declares the public health and general welfare of the people of the State of Michigan as matters of primary public concern.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.
Section 8 of article 5 of the Michigan Constitution of 1963 places each principal department of state government under the supervision of the Governor unless otherwise provided.
Section 8 of article 5 of the Michigan Constitution of 1963 also obligates the Governor to take care that the laws be faithfully executed.
Acting pursuant to the Michigan Constitution of 1963 and Michigan law, I order the following:
1. Creation of the Gun Violence Prevention Task Force
(a) The Gun Violence Prevention Task Force (“Task Force”) is created as an advisory body within the Department of Health and Human Services (“the Department”).
(b) The Task Force may include the following representatives of the executive branch of state government who, when serving, should take all appropriate action necessary to support the goals of this order:
1) The chief medical executive of the State of Michigan.
2) One representative from each of the following divisions within the Department, as designated by the director of the Department:
i) The Office of Community Violence Intervention.
ii) The Division of Chronic Disease and Injury Control.
iii) The Behavioral and Physical Health and
Aging Services Administration; and,
iv) The Division of Victim Services.
3) The director of the Michigan State Police, or the director’s designated representative from within that department.
4) The Michigan State Police’s designated representative from within the Office of School Safety.
5) The superintendent of public instruction from the Department of Education, or the superintendent’s designated representative from within that department.
6) The director of the Department of Lifelong Learning, Education, Advancement, and Potential, or the director’s designated representative from within that department.
7) The director of the Department of Civil Rights, or the director’s designated representative from within that department.
8) The director of the Department of Military and Veterans Affairs, or the director’s designated representative from within that department.
(c) In addition, the Task Force may include the following members from the community-at-large, each of whom shall be appointed by the Governor:
1) An individual associated with a research institution that studies gun violence.
2) An individual with experience doing clinical work, specializing in suicide prevention.
3) An individual with experience serving as a local school administrator.
4) An individual associated with an organization that provides community-level conflict mediation or violence intervention services.
5) An individual with experience working with survivors of domestic violence and abuse.
6) An individual with experience working within a tribal government.
7) An individual with experience working with a community or faith-based organization.
8) An individual who represents victims of gun violence.
9) An individual who is currently working as a prosecutor.
10) An individual who is currently working in local law enforcement.
(d) Members of the Task Force appointed under section (1)(b) are ex officio members and serve at the pleasure of the governor.
(e) Members of the task force appointed under section (1)(c) shall serve for the duration of the Task Force at the pleasure of the governor. A vacancy on the Task Force shall be filled in the same manner as the original appointment for the remainder of the Task Force’s duration.
(f) The governor will select a chairperson for the Task Force from among the ex officio members. This person shall serve as chairperson for the duration of the Task Force, at the pleasure of the governor.
2. Charge to the Task Force
(a) The Task Force must act in an advisory capacity to the governor and the director of the Department on the root causes and possible solutions for gun violence in Michigan. This includes advising on prevention, intervention, and accountability and equity focused strategies, with the goal of reducing the rates and instances of gun violence in Michigan.
(b) The Task Force must review, develop, and recommend laws, policies, and any other legally permissible actions to reduce the rates and instances of gun violence in Michigan.
(c) Specifically, the Task Force may take the following actions:
1) Collect, compile, and report on data related to gun violence in Michigan and provide suggestions on how to improve the utility of such data.
2) Identify the root causes and any contributing factors to gun violence in Michigan.
3) Assess the effectiveness of existing gun violence mitigation measures and identify any gaps in current law, practice and/or policy.
4) Identify resources that currently exist to assist with gun violence prevention. This includes any funding, guidance, best practices, and existing offices, commissions, and boards working on overlapping issues. Then, develop strategies for maximizing these existing resources and enhancing opportunities for coordination.
5) Recommend new changes to Michigan’s law and policy, across all levels of government, with the goal of reducing the rates and instances of gun violence.
6) Establish a reasonable timeline for accomplishing goals and objectives to reduce the rates and instances of gun violence.
7) Engage stakeholders like local government officials, individuals with relevant lived experiences related to gun violence, medical professionals, research institutions, law enforcement, and community organizations, to solicit their expertise and opinions to best inform the Task Force’s mission.
(d) The Task Force shall provide written reports to the governor and the Department as follows:
1) An initial report no later than 180 days after the first meeting of the Task Force.
2) A final report no later than 180 days after the initial report described in section 2(d)(1).
3) Additional reports may be provided as necessary
and relevant to the overall objectives and goals of the Task Force.
3. Operation of the Task Force
(a) The Department shall assist the Task Force in the performance of its duties. The budget, procurement, and related management functions of the Task Force shall be performed under the direction and supervision of the director of the Department.
(b) The Task Force shall timely adopt procedures and policies consistent with Michigan law and this order.
(c) The Task Force shall comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The Task Force may select a secretary from among its members for the purpose of recordkeeping. Department staff shall assist the secretary with recordkeeping responsibilities, as needed.
(e) The Task Force shall meet at the call of its chairperson, and as otherwise provided by the internal procedures the Task Force shall adopt.
(f) A majority of the members of the Task Force serving constitutes a quorum for the transaction of the business of the Task Force. The Task Force must act by a majority vote of its serving members.
(g) The Task Force may establish advisory workgroups comprised of individuals participating in the Task Force’s activities or other members of the public, as deemed necessary by the Task Force, to assist the Task Force in performing its obligations and responsibilities under this order. The Task Force may adopt, reject, or modify any recommendations proposed by any of the advisory workgroups that may be formed.
(h) The Task Force may, as appropriate, make inquiries, conduct studies, hold hearings, and receive comments from the public. The Task Force may also consult with outside experts to perform its duties, including experts from the private sector, non-profits, advocacy groups, government agencies, law enforcement professionals, institutions of secondary education, research institutions, and institutions of higher education.
(i) The Task Force may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties as the chairperson deems advisable and necessary, consistent with this order and applicable law, rules, and procedures, and subject to available funding.
(j) The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used subject to, and in accordance with, law.
(k) Members of the Task Force must not receive additional compensation for participation on the Task Force. Members of the Task Force may receive reimbursement for necessary travel and expenses consistent with applicable law, rules, and procedures, subject to available funding.
(l) Members of the Task force must refer all legal, legislative, and media contacts to the Department.
(m) The business of the Task Force shall conclude 180 days after the completion of the report in section 2(d)(2) and this Task Force shall be dissolved at that time.
4. Implementation
(a) All departments, committees, commissioners, or officers of this state shall give to the Task Force, or to its chairperson, any necessary assistance required by the Task Force, or its chairperson, in the performance of the duties of the Task Force so far as is compatible with their duties and consistent with this order and applicable law. Free access also must be given to any books, records, or documents in their custody relating to matters within the scope of inquiry, study, or review of the Task Force, consistent with applicable law.
(b) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.
(c) Nothing in this order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units, in a manner requiring the force of law.
(d) If any portion of this order is found to be unenforceable, the unenforceable provision will be disregarded, and the rest of the order will remain in effect as issued.
(e) This order is effective upon filing.
Given under my hand and the Great Seal of the State of Michigan.
Date: June 20, 2024
Time: 8:00 a.m.
Gretchen Whitmer
[SEAL] Governor
By the Governor:
Jocelyn Benson
Secretary of State
The executive order was referred to the
Committee on Government Operations.
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. 926
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 926, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 41 (MCL 432.41), as amended by 2009 PA 25.
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. 258 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 927, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 625 (MCL 418.625), as amended by 2012 PA 83.
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. 259 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 928, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 2 (MCL 722.712), as amended by 2009 PA 235.
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. 260 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: Moss
The Senate agreed to the title of the
bill.
The following bill was read a third time:
Senate Bill No. 929, entitled
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2009 PA 60.
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. 261 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 931, entitled
A bill to amend 1997 PA 70, entitled “Compulsive gaming prevention act,” by amending section 3 (MCL 432.253), as amended by 2008 PA 282.
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. 262 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 932, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57e, 57g, 57p, and 57r (MCL 400.57e, 400.57g, 400.57p, and 400.57r), sections 57e, 57p, and 57r as amended by 2011 PA 131 and section 57g as amended by 2014 PA 375.
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. 263 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: Moss
The Senate agreed to the title of the
bill.
The following bill was read a third time:
Senate Bill No. 933, entitled
A bill to amend 2019 PA 149, entitled “Lawful sports betting act,” by amending section 16 (MCL 432.416).
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. 264 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: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 934, entitled
A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending section 16 (MCL 432.316), as amended by 2022 PA 269.
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. 265 Yeas—21
Anthony Cherry Lauwers Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McDonald Rivet Shink
Camilleri Irwin McMorrow Singh
Cavanagh Klinefelt Moss Wojno
Chang
Nays—17
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose
Excused—0
Not Voting—0
In The Chair: Moss
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 935, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 117i (MCL 400.117i).
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. 266 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: Moss
The Senate agreed to the title of the
bill.
Senator Singh moved that the Senate return to consideration of the following bill:
House Bill No. 5028
The motion prevailed.
The Assistant President pro tempore, Senator Geiss, assumed the Chair.
The following bill was read a third time:
House Bill No. 5028, entitled
A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain state and local governmental officers and entities.
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. 267 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: Geiss
The Senate agreed to the title of the bill.
Protest
Senator Runestad, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5028 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Runestad’s statement is as follows:
This is my “no” vote explanation on this bill to require these homeowners associations to, broadly speaking, accept modifications—changes—to homes within the association that the homeowners association doesn’t care for. I remember at one point in my life I rented a home in a homeowners association and found out firsthand what that is like. They can make all kinds of requirements. I would never want to be in that kind of situation again, but the people who are in that situation, who signed the documents, who want to be in that association, they like that system. I think us imposing here from the state what our desires are—so broad—that somebody can say, Well I want to have 18 water barrels in the front yard; and they can do that and who knows what else that they can justify in this broadly-written language that could diminish the value of the property. I think that these homeowners associations, if you’re doing something internally with the house, I’ve never seen them have a problem with that, but as broadly written as this is, it could create havoc for these associations across the state of Michigan. So I will not support the state once again coming in and overrunning the zoning and the requirements of the people who live in that area.
The motion prevailed.
Senator Irwin’s statement is as follows:
I wanted to rise briefly, but not too briefly, to just raise a note of support for House Bill No. 5028 which supports fundamental freedoms here in our state of Michigan. Now, it’s not uncommon for us here in the people’s Capitol to pass laws that protect the freedom of our residents to do what they want with their property, and it gives me great joy to stand up and to say, We need to stand up for the freedom of our residents to invest in clean energy. Right now we’ve got rays from the sun that are dropping energy all over our state and we need to make it possible for people to invest in ways that allow them to collect the value of that sun to meet our clean energy goals, to make our state more energy independent, but also—and we get to focus on this with House Bill No. 5028—because we believe in the fundamental freedoms of people to use their property as they see fit. In a situation like this, when the use of that property isn’t negatively affecting their neighbors in any way but is actually positively affecting the health of our electricity grid and is actually positively affecting the help of our environment, in those cases we should be especially eager to support the freedoms of our residents. So I wanted to take this opportunity to extend our debate on this important legislation, to thank the Representative from Canton for standing up for basic freedoms, and to support this clean energy bill.
The following bill was read a third time:
House Bill No. 4718, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 21d to chapter VIII.
The question being on the passage of the bill,
Senator Runestad offered the following amendment:
1. Amend page 2, line 5, after “orientation.” by inserting “This subsection does not apply unless the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation was the sole or exclusive basis for the use of force.”.
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. 268 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: Geiss
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. 269 Yeas—24
Anthony Cherry Lauwers Moss
Bayer Geiss Lindsey Polehanki
Brinks Hertel McBroom Santana
Camilleri Huizenga McCann Shink
Cavanagh Irwin McDonald Rivet Singh
Chang Klinefelt McMorrow Wojno
Nays—14
Albert Damoose Nesbitt Theis
Bellino Hauck Outman Victory
Bumstead Hoitenga Runestad Webber
Daley Johnson
Excused—0
Not Voting—0
In The Chair: Geiss
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
The
Senate agreed to the full title.
The motion prevailed.
Senator Runestad’s statement is as follows:
This change to the subsection says it “does not apply unless the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation was the sole or exclusive basis for the use of force.” The reason for this is this amendment adds crucial limiting language that will clarify that the intent of this legislation is to prevent abuse at the hands of an overzealous prosecutor. The proposed bill includes discovery of and potential disclosure of in relationship to the victim’s gender, sexual identity, or orientation. The problem I see here is how strict the language might be read under the plain language doctrine.
An illustrative example could be a situation where a man makes his interest in a woman known in the context or setting where she reasonably fears she is unable to leave or faces sexual or physical violence. In this situation, the precursor to the reasonable fear in the hypothetical subset altercation was the discovery of the man’s sexual orientation, specifically the advances he has made on her. It was this revelation that he was sexually interested in her that started the chain of events. The context of the situation as to how it was revealed and what else was going on, what gave rise to the reasonable fear. However, again, the statute’s use of the word “discovery” could be problematic. The discovery itself is what led to the actions that person took. The question becomes, Can a person rise in defense of an alleged batterer? For example, shoving a person out of the way to leave when that began with the discovery of another person’s sexual orientation? The objective should be to avoid preventing people from presenting their reasonable concerns that arose during the context in which the events transpired. Again, compare a person approaching someone at a bar around other people to ask if they could get their number to someone where the person follows them, that someone else, out to a secluded area of the building and makes their interests known while standing in the only available exit.
Facts and circumstances matter. I understand that the intent of this bill is to eliminate the gay panic defense. It is absolutely reasonable to bar people from attacking someone else simply due to a knowledge of the factors presented in this bill. The question though becomes that if the language used in this bill is so broad, it might extend to situations where the additional context is highly irrelevant, such as described above.
Again, my amendment adds limiting language that specifically says under the statute, the knowledge or discovery of another person’s gender or sexual orientation must be the sole or exclusive rationale for the altercation that followed. If that is the case, then go after the attacker and lock them up, but if there are other reasons for the assault, that the attacker was cornered or felt pressured, then we should not pass a bill with language that could potentially arbitrarily punish them for acting defensively.
By unanimous consent the Senate returned to the order of
Motions and Communications
Recess
Senator Singh moved that the Senate recess until 3:00 p.m.
The motion prevailed, the time being 12:46 p.m.
Recess
Senator Singh moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 3:01 p.m.
The
Senate was called to order by the President pro tempore, Senator Moss.
Senate Bill No. 911, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 43e (MCL 38.1341 and 38.1343e), section 41 as amended by 2023 PA 198 and section 43e as amended by 2012 PA 300.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senate Bill No. 911
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Santana as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 911, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 43e (MCL 38.1341 and 38.1343e), section 41 as amended by 2023 PA 198 and section 43e as amended by 2012 PA 300.
Substitute (S-1).
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 911
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Singh moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 911
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 911, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 43e (MCL 38.1341 and 38.1343e), section 41 as amended by 2023 PA 198 and section 43e as amended by 2012 PA 300.
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. 270 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—17
Albert Hoitenga Lindsey Runestad
Bellino Huizenga McBroom Theis
Bumstead Johnson Nesbitt Victory
Damoose Lauwers Outman Webber
Hauck
Excused—0
Not Voting—1
Daley
In The Chair: Moss
The Senate agreed to the title of the bill.
Protests
Senators Albert, Nesbitt, Bellino and Theis, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 911.
Senators Albert and Nesbitt 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, today we add to a long history of making imprudent decisions for the teacher’s retirement system in the state of Michigan. I’m glad that in my tenure in the Legislature, I have been part of the solution to take a massive, gaping hole in our school finances and trying to put us on a trajectory to make sure we can both educate our kids and fulfill our obligations to pay our pensioners. Today we take a big step backward in that goal.
During the MPSERS reform of 2017 which I
was a champion of and a leader in the House while serving in the House, I had
to do a big compromise because I originally had introduced a bill to close this
system which was horrifically broken—over $30 billion of debt, which it still
has—and I had to compromise. So, we went with, instead of closing the system,
improving the defined contribution plan and having an automatic election for
new employees to go into the defined contribution plan. They could still choose
the pension if they wanted. In order to get to that compromise, I had several
best practices that I put in place, one of which was to put a floor funding mechanism
in. If you look at the history of the fund, there’s been a history of not
paying the full amount we were supposed to pay, so the floor funding provision
was very clear: whatever we paid in debt in one year, the following year you
could not pay less than that. The objective of that was to continue in having
sustainable funding go into the pension system to try to tackle the tens of
billions of dollars of debt that was in there.
Now, in February when the Governor came out with the executive recommended budget of which I’ve spoken during Statements here with how foolish that proposal was, it also illuminated the fact that ORS has not been following statute. The language I put in place was very clear. It applied to the MPSERS debt as a whole, both retiree health care and pension. They came back and said, No, it’s two different buckets, it’s two different floors, not one. I said, No, the statutory language is clear. The intent was clear. Go back and look at the bills, look at the House bill for the 2017 reform and look at the follow-on reform I did that same term—House Bill No. 5355. It was all about the debt structure and how we’re going to reform the floor funding and how we were going to have it work going forward. Somehow, shortly thereafter ORS decided there were two floors, unbeknownst to me. What do I know? It’s not like I worked at the pension fund. It’s not like I understand how those finances work. It’s not like my own father is not a retiree in the MPSERS system. What would I care?
The only dog I have in this fight is to try to put us on a solid trajectory going forward so we can fulfill our obligations to the pensioners who earned those benefits and have a constitutional right to them and then the taxpayer who is on the hook to fulfill those, and to make sure we don’t bankrupt the system so we can still educate our kids. We’re paying about 33 cents of every state tax dollar we raise into the pension system, and you guys are planning on putting less money into the system. Well, I’ve got news for you. Compound interest is an amazing force, and it can work against you as equally strong as it can work for you. This is a very imprudent decision, and you all are going to have to own raiding the pension fund.
Senator Nesbitt’s statement, in which Senators Bellino and Theis concurred, is as follows:
Here we go, no debate, no discussion, no examination in committees, no back-and-forth in committee, no research. Instead, we get a substitute minutes before it’s voted on today. What does this do? A “yes” vote on this bill will simply raid the teacher pension fund. The fiscal irresponsibility being exercised by the majority Democratic Party cannot be overstated. This haphazard maneuver will drive us back to the Granholm era—the Lost Decade—of racking up debt and sticking future generations with the bill.
But that seems par for the course, Mr. President, at this point in this legislative term. I ask for a “no” vote.
The motion prevailed.
Senator Brinks’ statement is as follows:
What you heard there is a lot of political theater. I would like to just point out that this bill actually puts money back in schools and it gives teachers a raise. That’s it. I urge a “yes” vote.
Senator Lauwers moved that Senator Daley be excused from the balance of today’s session.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Singh moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 747
The motion prevailed.
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch 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 House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Singh moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was not
concurred in, a majority of the members serving not voting therefor, as
follows:
Roll Call No. 271 Yeas—0
Nays—37
Albert Damoose Lauwers Polehanki
Anthony Geiss Lindsey Runestad
Bayer Hauck McBroom Santana
Bellino Hertel McCann Shink
Brinks Hoitenga McDonald Rivet Singh
Bumstead Huizenga McMorrow Theis
Camilleri Irwin Moss Victory
Cavanagh Johnson Nesbitt Webber
Chang Klinefelt Outman Wojno
Cherry
Excused—1
Daley
Not Voting—0
In The Chair: Moss
By unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was received and read:
Office of the Senate Majority Leader
June 20, 2024
I appoint Senator Sarah Anthony, Senator Sean McCann, and Senator Jon Bumstead as conferees for SB 747.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Winnie Brinks
Senate Majority Leader
The communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Albert’s statement is as follows:
Michigan’s big government central planners
are at it again, disrupting and dividing another community in the name of
whatever they mandate to be progress. This time the request is for $250 million
in taxpayer money to develop a mega site near Flint. They want more than 1,300
acres, presumably for manufacturing run by a large multinational corporation.
While the site has been rezoned industrial, it is currently residential and
farmland, containing within its borders roughly 165 homes, a school, and a
church. There is no escaping the massive disruption this will mean for hundreds
of people. Keep in mind what could happen here. What’s proposed could occur in
any community in Michigan. Our state has learned nothing from how Marshall and
other communities have been disrupted because of the planners’ grandiose
visions.
Last week in committee, the callousness of these distant centralized string pullers was laid bare. They acknowledge some structures will be removed, as if they were referring to abandoned tool sheds or a dilapidated warehouse. In fact, they were referring to peoples’ homes, homes where people will celebrate birthdays, watch their children take their first steps, go off to prom, and other such milestones in life. These centralized planners will argue, Nobody is forced off their property. To that I say, Bull. It’s one thing to genuinely get a property owner to voluntarily sell their land for development, it’s another to use taxpayer dollars to bankroll the steamrolling of an entire community. The choice becomes selling, or watching your home’s value get destroyed. No, that’s not voluntary, and it’s an economic policy devoid of compassion and humanity. Our economy should be a humane one which values the individual and the broader community, rather than viewing people merely as social atoms under state tutelage. Yes we need good jobs, but it needs to be accomplished without destroying homes, schools, and churches.
So what is the purported value proposition of this $250 million deal anyway? Tell us, noble rulers, how to measure the harm done versus the expected good. Are we to turn to Machiavelli? Look at the outcome, simply gloss over the human impact. The truth is the ends do not justify the means. The community needs jobs they say. That may certainly be true, it is conceivable the people of Michigan might be open to the government taking their hard-earned tax dollars and spending on these deals if it in fact worked, creating more jobs and higher wages, but this isn’t happening to any degree which justifies the human or monetary costs.
Not long ago, I was open to the idea of state involvement and economic development projects. I saw it as not the ideal but necessary in a world where many governments engage in it. I thought we could construct a process which applied prudence and sound judgement to investment decisions. I now see my optimism was misplaced, which is why I now want to disband the Strategic Outreach and Attraction Reserve process entirely.
Simply put, big government planners are not good at making investment decisions. They chase the deal and not the return. They overpay massively because it’s not their money. They make big bets on markets like EV batteries that may well fall flat. In Genesee County, no new occupants are lined up for the proposed mega site. We don’t know what corporations might come, what they might build, or how many jobs they may create. We’re asked to blindly accept a deal and trust without evidence. This deal would be negligent for the Legislature to do given the recent track record of massively overpaying for deals and giving money to companies tied to our communist Chinese adversaries.
To the Governor and her big government allies, I would ask if you want to be hedge fund managers, please do so with your own finances and not those of families struggling to deal with high prices caused by exorbitant government spending. What should we do then? The alternative to this big government status quo is not complicated or revolutionary. Let our citizens keep their money and grow our state from the ground up. It is not too late to learn from experience and change course. Let us turn away from this economic disorder. Let us end the practice of overtax and squander, return to the principles which transformed the United States from a startup to the greatest country this world has seen. Let’s keep our markets and our people free.
Senator Bellino’s statement is as follows:
If we’ve been paying attention to the news this week—and not the news from this morning—a very famous person died in America this week: Willie Mays. If anybody from that side of the aisle has come over to my desk, you have seen that I have a picture of Willie Mays on my desk with him making the catch in 1954. Willie Mays played 23 years of pro ball, 21 years with the Giants. He started with the New York Baseball Giants—because back then we had football Giants and baseball Giants—and then when the team moved to San Francisco, he played for the San Francisco Giants. All the baseball prognosticators today say that Willie Mays would have had probably at least 120 more home runs if he wouldn’t have gone to San Francisco to play in that dank, cold, windy ballpark called Candlestick Park. He lost a lot on his average, RBIs, and home runs. He was a five-tool player. No, he didn’t have a screwdriver and hammer, no, no. He could hit, hit for power, he played great defense, had a great arm, and was swift as a cat. In fact, Cat was his dad’s nickname.
When Willie Mays was 9 years old, he went
to ballgames with his dad. His dad played for the steel mill team that he
worked for. He worked at a steel mill, and back in those days our businesses
had baseball teams and they called it semi-pro ball. Willie would go with his
dad to the games. Willie’s dad talked his team and the opposing team every game
into letting Willie play the last two innings in the outfield as a little kid.
When he was 16 and 17, he played for the Birmingham Black Barons. Today there’s
a big celebration in Birmingham and it was scheduled last year at Rickwood
Field, the oldest ball diamond in America is in Birmingham, Alabama, built in
1910. Big game there tonight. They were going to honor Willie Mays—and they
will. But he played the last couple years before he was drafted by the Dodgers,
he played for the Barons. In fact, they added six hits and one double to his totals
after he retired because this year, MLB finally recognized there was a Negro
League and they had base hits and home runs and averages, and they should be in
the Hall of Fame too. We’ve taken those records and put them in with the white
records, as it was.
I read an article yesterday about Willie. They won the World Series in ’54. In 1955, they were coming from Cincinnati to play the Cubs. Well, the four Black ball players got let off on the south side of Chicago while the rest of the team went to the north side of Chicago. Why? Because they couldn’t stay in the hotel with their own team. Leo Durocher, the famous manager—who also got in his share of trouble in life—said that if he could have a player who hit .450, he wouldn’t take him. If he had a player who hit 100 home runs, he wouldn’t take him over Willie Mays. If he had a player who was said to be the best fielder, he wouldn’t take him over Willie Mays, or the best arm or the fastest. He said, I wouldn’t take any one of those ball players because none of them could do all five like Willie Mays, and Willie Mays did it, as he says, with charisma.
The Gold Glove for defense in baseball was created in 1957. The first 12 years in the National League, Willie Mays won it. Today, stats are all different in baseball. We don’t just look at average, base hits, things like that. It’s all scientific. We have something called wins above replacement—WAR. What that means is that if Joe Bellino is out of the game and somebody average comes in, would the team be better or would they be worse. Willie Mays’ wins above replacement 12 years in a row were better than anybody in baseball—anybody—and that, my friend, was a Hall of Fame career.
Announcements of Printing and Enrollment
House Bill No. 5649
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 20:
House Bill Nos. 4177 4408 4927 5188 5189 5190 5276 5277 5279 5280 5557 5587 5588 5589 5590 5591 5592 5593 5720 5779
The Secretary announced that the following bills were printed and filed on Tuesday, June 18, and are available on the Michigan Legislature website:
House Bill Nos. 5820 5821 5822 5823 5824 5825 5826
The Secretary announced that the following bill were printed and filed on Thursday, June 20, and is available on the Michigan Legislature website:
Senate Bill No. 936
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Housing and Human Services submitted the following:
Meeting held on Tuesday, June 18, 2024, at 12:00 noon, Room 403, 4th Floor, Capitol Building
Present: Senators Irwin (C), Cavanagh, Bayer, Shink, Chang, Geiss, Lindsey, Hoitenga and Damoose
Excused: Senators Santana and Cherry
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Tuesday, June 18, 2024, at 1:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Hertel (C), Santana, Wojno, Cherry, Klinefelt, Geiss, Webber, Hauck, Huizenga and Runestad
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 3:55
p.m.
The President pro tempore, Senator Moss, declared the Senate adjourned until Tuesday, June 25, 2024, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate