STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2024
Senate Chamber, Lansing, Tuesday, February 27, 2024.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Erika Geiss.
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 Sylvia A. Santana of the 2nd District offered the following invocation:
God of all nations, Father of the human family, we give You thanks for the freedom we exercise and the many blessings of democracy we enjoy in the United States of America. We ask for Your protection and guidance for all who devote themselves to the common good, working for justice and peace at home and around the world. We lift up all duly-elected leaders and public servants, those who will serve us as president, as legislators, and judges; those in the military and law enforcement. Heal us from our differences and unite us, O Lord, with a common purpose, dedication, and commitment to achieve liberty and justice in the years ahead for all people, and especially those who are most vulnerable in our midst. Amen.
The Assistant President pro tempore, Senator Geiss, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senators Nesbitt and McBroom be temporarily excused from today’s session.
The motion prevailed.
Senator Singh moved that Senator Brinks be temporarily excused from today’s session.
The motion prevailed.
The following communication was received:
Department of State
Administrative Rules
Notice of Filing
February 16, 2024
In accordance with the requirements of
Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246,
and paragraph 16 of Executive Order 1995-6, this is to advise you that the
Michigan Office of Administrative Hearings and Rules filed Administrative Rule
#2023-029-LR (Secretary of State Filing #24‑02-03) on this date at
10:38 a.m. for the Department of Licensing and Regulatory Affairs entitled,
“Genetic Counseling – General Rules.”
These rules become effective immediately after filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn Benson
Secretary of State
Lashana Threlkeld, Departmental Supervisor
Office of the Great Seal
The communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 2 (MCL 722.622), as amended by 2022 PA 67.
The bill was read a first and second time by title and referred to the Committee on Oversight.
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.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators Brinks, Nesbitt and McBroom entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the Governor
The following messages from the Governor were received and read:
February 23, 2024
I respectfully submit to the Senate the following appointment to office pursuant to Article V, § 3 of the Michigan Constitution of 1963, and MCL 445.2030:
Director of the Department of Licensing and Regulatory Affairs
Marlon I. Brown of 244 Price Street, Mason, Michigan 48854, Ingham County, appointed for a term commencing February 23, 2024, and expiring at the pleasure of the Governor.
February 23, 2024
I respectfully submit to the Senate the following appointment to office pursuant to Article V, § 3 of the Michigan Constitution of 1963, and MCL 432.5:
Commissioner of the Michigan Bureau of State Lottery
Suzanna Shkreli of 411 S. Old Woodward, Unit 63, Birmingham, Michigan, Oakland County, appointed for a term commencing March 1, 2024, and expiring at the pleasure of the Governor.
Respectfully,
Gretchen Whitmer
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator McMorrow as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4857, entitled
A bill to amend 1941 PA 359, entitled “An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts,” by amending section 2 (MCL 247.62), as amended by 2010 PA 358.
The bill was placed on the order of Third Reading of Bills.
Senate Bill No. 498, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13b of chapter XIIA (MCL 712A.13b), as amended by 2008 PA 201.
Substitute (S-1).
Senate Bill No. 662, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30701, 30716, and 30717 (MCL 324.30701, 324.30716, and 324.30717), section 30701 as added by 1995 PA 59, section 30716 as amended by 2002 PA 216, and section 30717 as amended by 2002 PA 217.
Substitute (S-2).
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. 602
The motion prevailed.
The following bill was read a third time:
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.
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. 29 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:
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.
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. 30 Yeas—20
Anthony Chang Klinefelt Polehanki
Bayer Cherry McCann Santana
Brinks Geiss McDonald Rivet Shink
Camilleri Hertel McMorrow Singh
Cavanagh Irwin Moss Wojno
Nays—18
Albert Hauck Lindsey Runestad
Bellino Hoitenga McBroom Theis
Bumstead Huizenga Nesbitt Victory
Daley Johnson Outman Webber
Damoose Lauwers
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”
The Senate agreed to the full title.
The motion prevailed.
Senator Chang’s statement is as follows:
Asbestos exposure increases a person’s
chances of lung cancer, mesothelioma—which is a rare cancer of the membrane
that envelops the lungs and chest cavity. It’s possible that sometimes symptoms
of mesothelioma may not appear until 30 or 40 years after exposure. When a
person’s lungs are exposed to asbestos, they may breathe in these fibers which
can cause scarring of the lungs and make it very hard for them to breathe. In
August 2017, the Auditor General released an audit of the then-MDEQ Air Quality
Division’s asbestos program. It found that the department at the time was not
able to properly monitor building demolitions and renovations in which asbestos
could be released or reported violations. It had found that asbestos-accepting
landfills also were not being properly monitored. It became clear that EGLE—or,
at the time, DEQ—had insufficient staffing levels and still does to have enough
oversight to properly inspect, report on
inspections, and keep track of violations. That same year, in 2017, the Detroit
Free Press reported that multiple places were actually hiring contractors
who had multiple violations, sometimes multiple criminal convictions involving
workplace or public safety or public health issues in regard to asbestos
abatement.
As more asbestos abatement projects and demolitions happen across our state, let’s make sure we’re doing these properly and with the companies that are following the rules. Today we are taking important steps to ensure that asbestos abatement is done properly to protect the health and safety of workers and the public. Back in 2018, Representatives VanderWall, VanSingel, Howell, Garrett, Sowerby, and I worked cooperatively to develop a bipartisan package of bills to address these issues with accountability and transparency with asbestos abatement. Many years later, I’m proud of the work that we did with my colleague from the 1st District as well as our colleagues in the House on this bipartisan package that will help address public health. The Senate and House bills all work together to address proper vetting of asbestos abatement contractors, ensure worker safety, help protect our municipalities and our residents and asbestos abatement workers from the health hazards that can occur when asbestos removal is handled improperly. The bills ensure that EGLE will have greater resources, funding for inspectors to conduct proper inspections to ensure safety for our residents, gives municipalities greater ability to hold contractors accountable, and puts in place the tools necessary to find out what violations or convictions have occurred in the past. Finally, it also ensures that penalties are appropriately set for workplace safety violations.
I encourage your support for this commonsense bipartisan public health legislation.
The following bill was read a third time:
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.
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. 31 Yeas—21
Anthony Cherry McCann Santana
Bayer Geiss McDonald Rivet Shink
Brinks Hertel McMorrow Singh
Camilleri Irwin Moss Webber
Cavanagh Klinefelt Polehanki Wojno
Chang
Nays—17
Albert Hauck Lauwers Outman
Bellino Hoitenga Lindsey Runestad
Bumstead Huizenga McBroom Theis
Daley Johnson Nesbitt Victory
Damoose
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:
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.
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. 32 Yeas—22
Anthony Cherry McCann Polehanki
Bayer Geiss McDonald Rivet Santana
Brinks Hertel McMorrow Shink
Camilleri Irwin Moss Singh
Cavanagh Klinefelt Outman Wojno
Chang McBroom
Nays—16
Albert Damoose Johnson Runestad
Bellino Hauck Lauwers Theis
Bumstead Hoitenga Lindsey Victory
Daley Huizenga Nesbitt Webber
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to 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,”
The Senate agreed to the full title.
The following bill was read a third time:
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 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. 33 Yeas—27
Albert Cherry Klinefelt Santana
Anthony Damoose Lauwers Shink
Bayer Geiss McCann Singh
Brinks Hertel McDonald Rivet Victory
Camilleri Huizenga McMorrow Webber
Cavanagh Irwin Moss Wojno
Chang Johnson Polehanki
Nays—11
Bellino Hauck McBroom Runestad
Bumstead Hoitenga Nesbitt Theis
Daley Lindsey Outman
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The Assistant President pro tempore, Senator Geiss, resumed the Chair.
The following bill was read a third time:
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.
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. 34 Yeas—26
Albert Cherry Lauwers Santana
Anthony Damoose McCann Shink
Bayer Geiss McDonald Rivet Singh
Brinks Hertel McMorrow Victory
Camilleri Huizenga Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang Klinefelt
Nays—12
Bellino Hauck Lindsey Outman
Bumstead Hoitenga McBroom Runestad
Daley Johnson Nesbitt Theis
Excused—0
Not Voting—0
In The Chair: Geiss
The Senate agreed to the title of the
bill.
The following bill was read a third time:
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.
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. 35 Yeas—25
Albert Cherry Klinefelt Santana
Anthony Damoose McCann Shink
Bayer Geiss McDonald Rivet Singh
Brinks Hertel McMorrow Victory
Camilleri Huizenga Moss Webber
Cavanagh Irwin Polehanki Wojno
Chang
Nays—13
Bellino Hoitenga Lindsey Outman
Bumstead Johnson McBroom Runestad
Daley Lauwers Nesbitt Theis
Hauck
Excused—0
Not Voting—0
In The Chair: Geiss
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Bellino’s statement is as follows:
Today I’d like to talk about two people who had a huge influence on my life, Charlie Parmley and Joseph McQuany. These two got together and did something called the Joe & Charlie Tapes, traveled the world to help alcoholics get sober, and explained the first four steps in a way that someone like me—a struggling alcoholic drug addict—could accept and understand.
Joseph McQuany was born as a troubled
youth. He drank excessively, he lost numerous jobs, he lost his first wife and
two children through a divorce, and he lived on-and-off with his parents for
many years, which is what many of us alcoholic drug addicts do. Finally, on a
trip to the Arkansas State Hospital in 1962, Joseph was introduced to AA.
Impressed with the AA meetings, he tried to continue his participation and
improve his life, but he ran into a problem, Madam President. It was 1962, it
was Little Rock, Arkansas, and he was a Black man. Nobody wanted him.
Finally, a group reread the twelfth step, which says, “Having had a spiritual awakening as a result of these steps, we tried to carry this message to alcoholics, and to practice these principles in all our affairs.” They let Joe attend, on a few stipulations—he would never get there early, and he’d never hang around when it’s done, which are two negatives when it comes to meetings. The best meetings happen, usually, before the meeting and after in talking to friends. They also told him he couldn’t drink the coffee. Well, Joe did that. Joe attended meetings, started getting sober—he’s reported to be the first sober Black man in Arkansas, and one of the first in the whole Southwest United States.
Finally, in the early ’60s, Joe started his own group. He started a place called Serenity House. He teamed up with Charlie. They traveled the world talking about the first four steps, explaining it to people. He is cited to be one of the early heroes for Black people in AA. He wrote two books, The Steps We Took and Carry This Message. His Serenity House facility still stands today and helps hundreds of alcoholics and drug addicts every year, and he was the first person in Arkansas to let women come into his Serenity House and help get sober.
Finally, he was chosen as a closing speaker to the eighth annual International AA conference. We were supposed to have one in Detroit in 2020—it was canceled because of COVID. In 1985, as a final speaker, he wrapped it up with 44,000 people listening to him.
Madam President, I would like us to honor Joseph today. Joseph and Charlie helped hundreds of thousands of people get sober, and during Black History Month it’s important to know that one of the two people who made the tapes I listened to as a kid was Black and helped me get sober.
Announcements of Printing and Enrollment
Senate Bill Nos. 723 724 725 726 727
House Bill Nos. 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509 5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523
Committee Reports
The Committee on Energy and Environment reported
Senate Bill No. 398, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 30111d.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Sean McCann
Chairperson
To Report Out:
Yeas: Senators McCann, McDonald Rivet, Singh, Bayer, Shink, Hertel, Camilleri, Chang, Polehanki, Lauwers, Damoose, Outman, Hauck and Bellino
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Environment submitted the following:
Meeting held on Thursday, February 22, 2024, at 1:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators McCann (C), McDonald Rivet, Singh, Bayer, Shink,
Hertel, Camilleri, Chang, Polehanki, Lauwers, Damoose, Outman, Hauck and
Bellino
The Appropriations Subcommittee on MDE submitted the following:
Meeting held on Thursday, February 22, 2024, at 9:00 a.m., Room 403, 4th Floor, Capitol Building
Present: Senators Bayer (C), Klinefelt and Albert
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on DHHS submitted the following:
Meeting held on Thursday, February 22, 2024, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Santana (C), McDonald Rivet, Irwin, Cavanagh, Cherry, Bayer, Outman, Huizenga, Hauck and Theis
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Corrections & Judiciary submitted the following:
Meeting held on Thursday, February 22, 2024, at 1:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Shink (C), Santana, Irwin and Outman
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on EGLE submitted the following:
Meeting held on Thursday, February 22, 2024, at 3:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Irwin (C), Singh, Shink, Cherry, Bayer, Bumstead and Hauck
Excused: Senator Outman
Scheduled Meetings
Appropriations –
Subcommittees –
Agriculture and Natural Resources – Wednesday, February 28, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-2768
DHHS – Wednesday, February 28, 8:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-2768
General Government – Wednesday, February 28, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
LEO/MEDC – Wednesday, February 28, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373‑2768
Transportation – Thursday, February 29, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373‑2768
Universities and Community Colleges – Wednesday, February 28, 8:45 a.m., Room 1100, Binsfeld Office Building (517) 373-2768
Civil Rights, Judiciary, and Public Safety – Thursday, February 29, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312
Economic and
Community Development – Thursday, February 29, 12:00 noon, Room 1100,
Binsfeld Office Building (517) 373-1721
Finance, Insurance, and Consumer Protection – Wednesday, February 28, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5314
Health Policy – Wednesday, February 28, 12:30 p.m., Room 1100, Binsfeld Office Building (517) 373‑5323
Regulatory Affairs – Thursday, February 29, 9:00 a.m., Room 1100, Binsfeld Office Building (517) 373-1721
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 11:20 a.m.
The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Wednesday, February 28, 2024, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate