No. 7

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2024

 

 

 

 

 

Senate Chamber, Lansing, Thursday, January 25, 2024.

 

10:00 a.m.

 

 

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

 

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

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—present

Bumstead—present                              Johnson—present                             Santana—present

Camilleri—present                               Klinefelt—present                            Shink—present

Cavanagh—present                              Lauwers—present                            Singh—present

Chang—present                                   Lindsey—present                             Theis—present

Cherry—present                                  McBroom—excused                        Victory—present

Daley—present                                    McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator John Damoose of the 37th District offered the following invocation:

Lord, we humble ourselves before You and we love You. We pray that You would reach Your creative finger right through these glass ceilings here and touch our hearts and minds, and help us to come up with creative and innovative ways to address the problems that Your people are facing. Lord, we ask for forgiveness for all the things that each of us have done wrong—we know we have all fallen short.

And Lord, I ask specifically that you would help us to always be mindful of Your scripture in Matthew 25, that whatsoever we did for the least of these brothers and sisters of Yours, we did for You. Let us incorporate that into our policies and let us never forget it.

And Lord, as our esteemed colleague Roger Victory made me promise, we pray that if it be Your will, the Detroit Lions will win this weekend. And I pray, even if it’s not Your will, let them win. I pray this in the name of Jesus. Amen.

 

The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

 

The following communication was received:

Office of Senator Ruth A. Johnson

January 23, 2024

I respectfully request to be added as a cosponsor to Senate Joint Resolution G.

Thank you.

                                                                                       Sincerely,

                                                                                       Ruth A. Johnson

                                                                                       State Senator

                                                                                       24th District

The communication was referred to the Secretary for record.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Hoitenga, Bellino, Webber and Hauck introduced

Senate Bill No. 696, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4 (MCL 205.54), as amended by 2004 PA 173.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

 

 

Senators Hauck, Bellino, Webber and Hoitenga introduced

Senate Bill No. 697, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4f (MCL 205.94f), as amended by 2004 PA 172.

The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.

 

Senator Geiss entered the Senate Chamber.

Recess

 

 

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

The motion prevailed, the time being 10:04 a.m.

 

10:19 a.m.

 

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

 

During the recess, Senator Shink entered the Senate Chamber.

 

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. 515

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 515, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27c of chapter VIII (MCL 768.27c), as added by 2006 PA 79.

The question being on the passage of the bill,

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

 

 

Roll Call No. 1                                              Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lauwers                            Runestad

Bayer                                 Geiss                                 Lindsey                             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                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 Not Voting—0

 

 

In The Chair: Moss

 

 

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Bayer’s statement is as follows:

These bills are about human trafficking. Human trafficking is heinous; it ruins people’s lives. It happens in every town, in every part of this state. It happens to young girls and boys; they’re enticed, they’re trapped with drug addiction, locked into a life of horror. It happens to people from all walks who get trapped. Maybe they think someone cares about them or maybe going to help them get through a tough spot in their lives or just get some work so they can eat. Traffickers get individuals to participate in commercial sex or to provide work or services against their will by using violence, threats, lies, physical restraint, drug addiction, and other manipulative techniques.

In reality, human trafficking is slavery. Here in Michigan, men, women, and children are coerced into prostitution, slavery—all kinds of slave labor, actually—and in fact, in Michigan, human trafficking is the largest criminal enterprise we have, after drugs. It affects everyone, regardless of age, ethnicity, and socio-economic background. Michigan now ranks fifth in the country for cases of human trafficking.

Here’s the thing, we actually have some pretty good laws; we’ve created some good laws to address this. Cases that involve children can result in up to 20 years in prison. And if there is kidnapping or sexual activity, other factors—penalties—can be even more severe. The problem is we are not convicting the traffickers. The issue is solved in these bills that came to me from Detective Brian Martin of the Auburn Hills Police Department. Detective Martin called one day and asked for help. He said, Senator, we keep arresting the same people over and over again but we can’t convict them, we can’t get them into prison, and it’s because we currently require victims of trafficking and prostitution to appear in-person at pre-trial hearings. Just like in cases of domestic violence, for various reasons, the victims just can’t testify, they can’t be there—they’re terrified of facing their torturer, fearing that they will be beaten or worse when the trafficker is out, or they’re simply terrified of everything because they suffer such severe abuse, such severe PTSD, physical and psychological injuries.

In contrast, in domestic violence cases in Michigan, hearsay evidence is allowed in domestic violence. So in domestic violence cases, those victims do not have to come into court and face that abuser. Because of that, in trafficking and prostitution, we have the opposite problem. The hearings fail, the trafficker goes free, and the detectives arrest them again. The good laws that we have do not get a chance to work.

The bills we have today make it possible to have those pre-trial hearings without victims of trafficking being there in person, just like in domestic violence cases today, and they ensure that those victims do not get charged with a crime that they’ve committed while being trafficked. With these bills, law enforcement will be allowed when complying with specific circumstances necessary for trustworthiness, motivation, corroboration, trafficking and prostitution victim statements can be presented at pre-trial hearings without the victim present. That simple. We have the opportunity, today, to change the system to get some of the worst criminals we have off the street—save people from a horrific life of degradation, violence, and slavery.

 

 

The following bill was read a third time:

Senate Bill No. 516, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27b of chapter VIII (MCL 768.27b), as amended by 2018 PA 372.

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. 2                                              Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lauwers                            Runestad

Bayer                                 Geiss                                 Lindsey                             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                                                                                                                  

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 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. 517, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462g (MCL 750.462g), as amended by 2017 PA 53.

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. 3                                              Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lauwers                            Runestad

Bayer                                 Geiss                                 Lindsey                             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                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 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. 415, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 12 and 18 (MCL 205.62 and 205.68), as amended by 2022 PA 3.

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. 4                                              Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lauwers                            Runestad

Bayer                                 Geiss                                 Lindsey                             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                                                                                                                  

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 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. 416, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 14a and 14b (MCL 205.104a and 205.104b), as amended by 2022 PA 4.

The question being on the passage of the bill,

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

 

 

Roll Call No. 5                                              Yeas—37

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lauwers                            Runestad

Bayer                                 Geiss                                 Lindsey                             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                                                                                                                  

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 Not Voting—0

 

 

In The Chair: Moss

 

 

The Senate agreed to the title of the bill.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senate Concurrent Resolution No. 13.

A concurrent resolution providing for a joint convention of the Senate and House of Representatives.

(For text of resolution, see Senate Journal No. 6, p. 49.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

 

Senate Resolution No. 86.

A resolution to recognize January 28-February 3, 2024, as Catholic Schools Week.

(This resolution was offered on Wednesday, January 24, rules suspended and consideration postponed. See Senate Journal No. 6, p. 49.)

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

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

The motion prevailed.

Senator Bellino’s statement is as follows:

Senate Resolution No. 86 celebrates the tremendous impact that Catholic schools have on thousands of Michigan children. Our Catholic schools were born out of a time when religious freedom was not well-practiced, when Protestantism permeated the public schools, and Catholic children whose numbers were increasing because of immigration were often ridiculed and punished for their beliefs. What resulted was the creation of the largest parochial school system in the world.

Today in Michigan, there are over 50,000 students attending over 200 Catholic elementary and high schools throughout this great state. Catholic schools instill a broad, value-based education, emphasizing a lifelong development of moral, intellectual, and social values in young children, making them responsible citizens of our state and our nation. These schools also educate many students who are non-Catholic, and many students who are economically disadvantaged get a break in their tuition. Indeed, Catholic schools educate our children with an understanding that a good education remains the single best way out of poverty.

Our Catholic schools also help us educate all other students in the state. If you take into account the $9,608 we give per student for public schools, Catholic schools save our state $479 million. We support the continued dedication of our Catholic schools across Michigan, toward academic excellence and the key role they play in promoting and ensuring a brighter and stronger future for our students and our state.

I ask for your support of my resolution to recognize January 28 through February 3 as Catholic Schools Week in Michigan.

Statements

 

 

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

The motion prevailed.

Senator Daley’s statement, in which Senators Brinks and Nesbitt concurred, is as follows:

Colleagues, I don’t rise very often but I stand before you today with a heavy heart to share the tragic news of the loss of a brave Michigan State Trooper, Joel Popp, from Frankenmuth.

Last night, in the line of duty during a routine traffic stop, this dedicated trooper paid the ultimate price as he worked to keep our community safe. A graduating member of the 137th Trooper Recruit School, Trooper Popp began serving in January 2020 out of the Tri-City Post in Freeland. He is survived by his wife Stefanie and a young daughter. Let us reflect on the selflessness, courage, and commitment this trooper displayed in protecting us all.

May our thoughts and prayers surround their family, friends, and colleagues during this difficult time. In honor of his sacrifice and service, I ask each one of you to join me in a moment of silence.

 

A moment of silence was observed in memory of fallen Michigan State Police Trooper Joel Popp.

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Oversight submitted the following:

Meeting held on Wednesday, January 24, 2024, at 11:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Singh (C), McMorrow, Geiss, Polehanki and Lindsey

Excused: Senator McBroom

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Affairs submitted the following:

Meeting held on Wednesday, January 24, 2024, at 12:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Moss (C), Polehanki, McCann, Wojno, Santana, Hertel, Hauck, Webber, Lauwers and Bellino

 

 

Scheduled Meetings

 

 

Appropriations and House Appropriations, Joint – Wednesday, February 7, 11:00 a.m., State Room, Heritage Hall, Capitol Building (517) 373-5307

 

Local Government – Tuesday, January 30, 1:30 p.m., Room 1200, Binsfeld Office Building (517) 373‑5312

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 10:36 a.m.

 

 

The President pro tempore, Senator Moss, declared the Senate adjourned until Tuesday, January 30, 2024, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate