No. 18

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2024

 

 

 

 

 

Senate Chamber, Lansing, Thursday, February 22, 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—excused

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 Mallory McMorrow of the 8th District offered the following invocation:

God, grant me the serenity to accept the people I cannot change, which is pretty much everyone, since I’m clearly not You, God. At least not the last time I checked.

And while You’re at it, God, please give me the courage to change what I need to change about myself, which is frankly a lot, since, once again, I’m not You, which means I’m not perfect. It’s better for me to focus on changing myself than to worry about changing other people, who, as You’ll no doubt remember me saying, I can’t change anyway.

Finally, give me the wisdom to just shut up whenever I think that I’m clearly smarter than everyone else in the room, that no one knows what they’re talking about except me, or that I alone have all the answers.

Basically, God, grant me the wisdom to remember that I am not You. 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 Runestad be excused from today’s session.

The motion prevailed.

 

Senator Nesbitt entered the Senate Chamber.

 

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

The motion prevailed.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Santana, Chang, Shink, Geiss and Bayer introduced

Senate Bill No. 723, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 1080, 1081, 1082, and 1083.

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

 

 

Senators Lindsey, Bellino, Nesbitt, Theis, Albert, Daley, Outman, Lauwers, Damoose, Victory, Hoitenga, Hauck and Johnson introduced

Senate Bill No. 724, entitled

A bill to prohibit local units of government from enacting or enforcing any law, ordinance, policy, or rule that limits peace officers or local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain state and local officers, officials, and employees; and to prescribe penalties and remedies.

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

 

 

Senators Hoitenga, Bellino, Nesbitt, Theis, Albert, Daley, Outman, Lauwers, Lindsey, Damoose, Victory, Hauck and Johnson introduced

Senate Bill No. 725, entitled

A bill to prohibit counties from enacting or enforcing any law, ordinance, policy, or rule that limits or prohibits peace officers or local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain state and local officers, officials, and employees; and to prescribe penalties and remedies.

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

Senators Webber, Huizenga, Bellino, Nesbitt, Theis, Albert, Daley, Outman, Lauwers, Lindsey, Damoose, Victory, Hoitenga, Hauck and Johnson introduced

Senate Bill No. 726, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2016 PA 548.

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

 

 

Senators Huizenga, Webber, Bellino, Nesbitt, Theis, Albert, Daley, Outman, Lauwers, Lindsey, Damoose, Victory, Hoitenga, Hauck and Johnson introduced

Senate Bill No. 727, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 549.

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

 

 

House Bill No. 4101, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17609 (MCL 333.17609), as amended by 2010 PA 304.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator Geiss entered the Senate Chamber.

 

Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Moss, designated Senator McDonald Rivet 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. 4185, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 35, and 36 (MCL 408.1004, 408.1035, and 408.1036), section 4 as amended by 2012 PA 416 and sections 35 and 36 as amended by 1991 PA 105.

 

 

House Bill No. 4190, entitled

A bill 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.

The bills were placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 602, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2501 and 2512 (MCL 339.2501 and 339.2512), as amended by 2016 PA 502, and by adding section 2512g.

Substitute (S-1).

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4186, entitled

A bill to allow local governments and certain authorities to withhold payment under certain conditions to contractors on an asbestos abatement project; to provide for mandatory contract conditions on certain asbestos abatement projects; to provide for certain disclosures; and to prescribe the powers and duties of certain local officials.

Substitute (S-1).

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

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4188, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 5519 and 5519a.

Substitute (S-2).

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

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 225, entitled

A bill 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.

Substitute (S-1).

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

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 226, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5519b.

Substitute (S-2).

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

 

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:

House Bill No. 4979

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4979, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 10g (MCL 211.10g), as added by 2018 PA 660.

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. 23                                             Yeas—31

 

 

Anthony                             Daley                                 McBroom                          Santana

Bayer                                 Damoose                            McCann                             Shink

Brinks                                Geiss                                 McDonald Rivet                 Singh

Bumstead                           Hertel                                 McMorrow                        Theis

Camilleri                            Huizenga                            Moss                                 Victory

Cavanagh                           Irwin                                  Nesbitt                               Webber

Chang                                Klinefelt                             Outman                             Wojno

Cherry                               Lauwers                             Polehanki                         

 

 

                                                                      Nays—6

 

 

Albert                                Hauck                                Johnson                             Lindsey

Bellino                               Hoitenga                                                                     

 

 

                                                                   Excused—1

 

 

Runestad                                                                                                              

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Moss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4522, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1082 (MCL 600.1082), as amended by 2012 PA 334, and by adding chapter 10D.

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. 24                                             Yeas—35

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            Lauwers                            Santana

Bayer                                 Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Bumstead                           Hertel                                 McDonald Rivet                 Theis

Camilleri                            Hoitenga                            McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

Cherry                               Johnson                             Outman                            

 

 

                                                                      Nays—2

 

 

Bellino                               Lindsey                                                                      

 

 

                                                                   Excused—1

 

 

Runestad                                                                                                              

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Moss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4523, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1093 (MCL 600.1093), as amended by 2018 PA 591.

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. 25                                             Yeas—34

 

 

Albert                                Daley                                 Klinefelt                            Polehanki

Anthony                             Damoose                            McBroom                          Santana

Bayer                                 Geiss                                 McCann                             Shink

Brinks                                Hauck                                McDonald Rivet                 Singh

Bumstead                           Hertel                                 McMorrow                        Theis

Camilleri                            Hoitenga                            Moss                                 Victory

Cavanagh                           Huizenga                            Nesbitt                               Webber

Chang                                Irwin                                  Outman                             Wojno

Cherry                               Johnson                                                                      

                                                                      Nays—3

 

 

Bellino                               Lauwers                             Lindsey                            

 

 

                                                                   Excused—1

 

 

Runestad                                                                                                              

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Moss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4524, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1074 (MCL 600.1074), as added by 2004 PA 224.

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. 26                                             Yeas—32

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            McBroom                          Santana

Brinks                                Geiss                                 McCann                             Shink

Bumstead                           Hauck                                McDonald Rivet                 Singh

Camilleri                            Hertel                                 McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—5

 

 

Bellino                               Lauwers                             Lindsey                             Theis

Hoitenga                                                                                                               

                                                                   Excused—1

 

 

Runestad                                                                                                              

 

 

                                                                 Not Voting—0

 

 

In The Chair:  Moss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4525, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1064 and 1066 (MCL 600.1064 and 600.1066), as added by 2004 PA 224.

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. 27                                             Yeas—32

 

 

Albert                                Cherry                               Johnson                             Outman

Anthony                             Daley                                 Klinefelt                            Polehanki

Bayer                                 Damoose                            McBroom                          Santana

Brinks                                Geiss                                 McCann                             Shink

Bumstead                           Hauck                                McDonald Rivet                 Singh

Camilleri                            Hertel                                 McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Webber

Chang                                Irwin                                  Nesbitt                               Wojno

 

 

                                                                      Nays—5

 

 

Bellino                               Lauwers                             Lindsey                             Theis

Hoitenga                                                                                                               

 

 

                                                                   Excused—1

 

 

Runestad                                                                                                              

                                                                 Not Voting—0

 

 

In The Chair:  Moss

 

 

Senator Singh moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 366, entitled

A bill to amend 1969 PA 165, entitled “An act to authorize the public service commission to establish and enforce gas safety standards; and to provide penalties for violations thereof,” by amending section 11 (MCL 483.161), as amended by 1992 PA 11.

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. 28                                             Yeas—32

 

 

Anthony                             Daley                                 Lauwers                            Polehanki

Bayer                                 Damoose                            McBroom                          Santana

Bellino                               Geiss                                 McCann                             Shink

Brinks                                Hertel                                 McDonald Rivet                 Singh

Camilleri                            Huizenga                            McMorrow                        Theis

Cavanagh                           Irwin                                  Moss                                 Victory

Chang                                Johnson                             Nesbitt                               Webber

Cherry                               Klinefelt                             Outman                             Wojno

 

 

                                                                      Nays—5

 

 

Albert                                Hauck                                Hoitenga                            Lindsey

Bumstead                                                                                                             

 

 

                                                                   Excused—1

 

 

Runestad                                                                                                              

 

 

                                                                 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

 

 

Senators Bellino, Nesbitt, Bumstead, Lauwers, Theis, Damoose, Outman, Johnson, Hauck, Hoitenga, Huizenga, McBroom, Albert, Webber, Daley, Lindsey and Victory offered the following resolution:

Senate Resolution No. 98.

A resolution to denounce the open-borders policies of the Biden Administration, condemn the resulting national security and public safety crisis, and urge the President to end his Administration’s open-borders policies.

Whereas, The United States is facing a terrible border security crisis. In each month since February 2021, the first full month of the Biden Administration, U.S. Customs and Border Protection has had more than 100,000 encounters with illegal immigrants along the southwest border, with that number topping 300,000 in December 2023 alone. The total number of encounters with illegal aliens along the southwest border during the first three years of the Biden Administration exceeds 7 million. Unfortunately, the Biden Administration has released over 3.1 million illegal aliens into the interior of the United States. In addition, during the Biden Administration, more than 1.7 million known illegal alien “gotaways” have successfully evaded U.S. Border Patrol, with an untold number of unknown “gotaways” who evaded detection along the southwest border; and

Whereas, The rate at which known and suspected terrorists are being encountered along the southwest border has drastically increased from the Trump Administration to the Biden Administration. From October 2020 to January 2024, U.S. Border Patrol encountered 331 aliens on the Terrorist Screening Dataset between ports of entry along the southern border. This is an increase of over 2,900 percent compared to the number of such aliens encountered between October 2016 and September 2020; and

Whereas, The Biden Administration created the illegal alien crisis at the southwest border by terminating the Migrant Protection Protocols, halting border wall construction for years, abusing parole authority, mass releasing millions of illegal aliens into the country, and implementing policies that incentivize illegal immigration, among other actions. Further, the Biden Administration has systematically dismantled immigration enforcement and restricted the ability of immigration officials to deport aliens who violate United States law, ensuring relatively few aliens, including criminal aliens, are removed from the country. The Biden Administration’s lax immigration enforcement policies have allowed fentanyl to saturate our nation and kill Americans. This extreme border crisis has made every state a border state; and

Whereas, The Biden Administration refuses to use tools already at its disposal to end the border crisis. The Administration’s proposed solution to the border problem—legislation to grant amnesty to tens of millions of illegal aliens—will do nothing but incentivize additional illegal immigration; now, therefore, be it

Resolved by the Senate, That we denounce the Biden Administration’s open-borders policies; and be it further

Resolved, That we condemn the national security and public safety crisis that President Joe Biden, Vice President Kamala Harris, Secretary of Homeland Security Alejandro Mayorkas, and other Biden Administration officials have created along the southwest border; and be it further

Resolved, That we urge the President to end his Administration’s open-borders policies.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

 

 

Statements

 

 

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

The motion prevailed.

Senator Bellino’s statement is as follows:

The United States is facing a border security crisis that is killing Americans and endangering our communities. My resolution that I introduced yesterday would denounce the open-border policies of the Biden administration, condemn the national security and public safety crisis, and urge the president to end the administration’s open-border policies that have allowed fentanyl to saturate our nation and take too many of my friends’ lives.

During the first three years of the Biden administration, U.S. Customs and Border Protection had more than 7 million encounters with illegal immigrants along the southwest border. From October 2020 to last month, the U.S. Border Patrol encountered 331 individuals on the terrorist screening dataset along the border—an increase of almost 3,000 percent. Change is urgently needed.

This resolution mirrors the one passed by Congress last month—with bipartisan support—to implore the Biden administration to use the tools already at its disposal to end the border crisis and protect all Americans. Please let me repeat that—to use the tools already at its disposal. I urge a similar bipartisan support here in the Senate for this call of action.

 

Senator Albert’s statement is as follows:

The Governor’s latest budget recommendation continues her efforts to expand the scope of state government and expand her own power while doing so. I was quite surprised to learn this week that it doesn’t matter what the State Constitution has to say about it.

Our Constitution says the State Board of Education “shall serve as the general planning and coordinating body for all public education.” But now we have the Governor’s proposal to fund her new state department—the Michigan Department of Lifelong Education, Advancement, and Potential. The bureaucratic shorthand for this department is MiLEAP. Yesterday, during an Appropriations Committee hearing, I asked the MiLEAP representatives, Where does MiLEAP have the constitutional authority to act as the general planning and coordinating body for public education? They responded—quote—MiLEAP has a clear charge from the Governor to continue to support learning before our children enroll in kindergarten and after they graduate from high school, end quote. Well, that clears everything up. We shall all be rest assured that Constitution is subject to the whims and longings of our almighty Governor.

Here’s the reality—the Constitution says what it says, and based on the language I can’t help but conclude significant portions of the Governor’s new department are unconstitutional. The Governor proposes to fund her new department largely by shifting funds from other departments. This includes funding from the Michigan Department of Education. It is an attempt to take away power from the separately elected State Board of Education and give that power to the Governor and her own hand-picked bureaucrats. The Michigan Constitution clearly states that “[l]eadership and general supervision over all public education…is vested in a state board of education”—with an exception based on constitutional powers granted to public universities themselves. This Board of Education is elected by the people of Michigan. The board subsequently appoints the State Superintendent of Public Instruction, who is the principal executive officer of the Department of Education. The Governor does not have direct control over the Board of Education or the Superintendent. With the creation of MiLEAP, she is attempting to create a parallel entity that fulfills many of the same functions. While there are some portions of MiLEAP that are constitutional—such as childcare components—there are some areas that must be left to the State Board of Education, MDE and the State Superintendent. This includes certain pre-K through higher education functions that MiLEAP attempts to direct.

I rise today to make no value judgements on the worthiness or effectiveness of the Governor’s MiLEAP office. I only speak to the constitutionality of her proposal in the executive budget recommendation. One can talk until they are blue in the face about the merits of MiLEAP, but it’s wasted breath if the efforts are prohibited under the State Constitution.

I also realize one might have legitimate concerns with the structure or operation of the Michigan Department of Education. That being said, it is not constitutional to attempt to remedy the situation by creating a parallel entity under the Governor’s direction. MiLEAP would be constitutional if it were housed in the Michigan Department of Education. But that is not the proposal. The actual proposal circumvents the autonomy of the Department of Education. Our state has been down a similar path before in regard to higher education. In the 1970s, a Governor proposed the Commission on Higher Education and wanted the Legislature to fund it. The Attorney General at the time, Frank Kelley, issued an opinion and it said, “it is beyond the power of the legislature or the governor to establish a commission on higher education to exercise such powers even on a temporary basis.”

To summarize, I am not saying that MiLEAP as a whole is unconstitutional, but certain areas that involve early education through higher education are unconstitutional. When we are crafting our budget going forward, it would be wise to ensure programs are housed in the correct departments or we will find ourselves on the losing end of a legal challenge. This would be time consuming, costly, and ultimately disruptive to our mission of educating children.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, February 21:

House Bill No.     4101

The Secretary announced that the following bills were printed and filed on Wednesday, February 21, and are available on the Michigan Legislature website:

Senate Bill No.       722

House Bill Nos.     5460   5461  5462

 

 

Committee Reports

 

 

The Committee on Veterans and Emergency Services reported

Senate Bill No. 690, entitled

A bill to amend 1980 PA 523, entitled “Michigan code of military justice of 1980,” by amending sections 2, 3, 6, 10, 15, 16, 17, 18, 19, 20, 23, 24, 26, 27, 29, 32, 34, 36, 43, 48, 52, 54, 58, 61, 65, 66, 67, 121, and 147 (MCL 32.1002, 32.1003, 32.1006, 32.1010, 32.1015, 32.1016, 32.1017, 32.1018, 32.1019, 32.1020, 32.1023, 32.1024, 32.1026, 32.1027, 32.1029, 32.1032, 32.1034, 32.1036, 32.1043, 32.1048, 32.1052, 32.1054, 32.1058, 32.1061, 32.1065, 32.1066, 32.1067, 32.1121, and 32.1147), sections 2, 3, 15, 16, 26, 27, and 29 as amended and section 121 as added by 2005 PA 186, and by adding sections 6a, 30a, 38a, 58a, 58b, 93a, 106, 106a, 112a, 120, 121a, 121b, 122, 123, 128, 131a, 131b, 131c, 132a, 134a, 134b, 134c, and 134d; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

                                                                                       Veronica Klinefelt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Klinefelt, Hertel, Santana and Outman

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Veterans and Emergency Services submitted the following:

Meeting held on Wednesday, February 21, 2024, at 9:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Klinefelt (C), Hertel, Santana and Outman

 

 

The Committee on Elections and Ethics reported

House Bill No. 4127, entitled

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

With the recommendation that the bill pass.

                                                                                       Jeremy Moss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Moss, Wojno, Santana, McMorrow and Chang

Nays: Senators Johnson and McBroom

The bill was referred to the Committee of the Whole.

 

 

The Committee on Elections and Ethics reported

House Bill No. 4128, entitled

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

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

                                                                                       Jeremy Moss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Moss, Wojno, Santana, McMorrow and Chang

Nays: Senators Johnson and McBroom

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

COMMITTEE ATTENDANCE REPORT

 

The Committee on Elections and Ethics submitted the following:

Meeting held on Wednesday, February 21, 2024, at 12:00 noon, Room 1100, Binsfeld Office Building

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Universities and Community Colleges submitted the following:

Meeting held on Wednesday, February 21, 2024, at 9:00 a.m., Room 1100, Binsfeld Office Building

Present: Senators McCann (C), Irwin, Albert and Damoose

Excused: Senator Singh

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, February 21, 2024, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on General Government submitted the following:

Meeting held on Wednesday, February 21, 2024, at 3:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Cherry (C), Klinefelt, Albert and Hauck

Excused: Senator Bayer

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on LEO/MEDC submitted the following:

Meeting held on Wednesday, February 21, 2024, at 3:00 p.m., Room 1200, Binsfeld Office Building

Present: Senators Cavanagh (C), McDonald Rivet, McCann, McMorrow, Camilleri, Huizenga and Bumstead

 

 

Scheduled Meetings

 

 

Appropriations –

 

Subcommittees –

 

Agriculture and Natural Resources Wednesday, February 28, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-2768

 

Military, Veterans, State Police and House Appropriations on Military and Veterans Affairs and State Police, Joint Tuesday, February 27, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Housing and Human Services Tuesday, February 27, 2:00 p.m., Room 403, 4th Floor, Capitol Building (517) 373-5323

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 10:43 a.m.

The President pro tempore, Senator Moss, declared the Senate adjourned until Tuesday, February 27, 2024, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate