No. 20

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2024

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, February 28, 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—present                          Victory—present

Daley—present                                    McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Sue Shink of the 14th District offered the following invocation:

On this day I am reminded of and wish to share with you the words of St. Mother Teresa who said, Prayer in action is love and love in action is service. Love in action is expressed in the book of Matthew through the Parable of the Sheep and Goats. “Lord, when did we see you hungry and feed you, or thirsty and give you something to drink? When did we see you a stranger and invite you in, or needing clothes and clothe you? When did we see you sick or in prison and go to visit you?” They were answered, “Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.” With this in mind, I offer this prayer of Alan Paton, an anti-apartheid leader and activist from South Africa. Let us pray.

O Lord, open my eyes that I may see the needs of others. Open my ears that I may hear their cries. Open my heart so that they will not be without the assistance they need. Let me not be afraid to defend the weak because of the anger of the strong, nor afraid to defend the poor because of the anger of the rich. Show me where love and hope and faith are needed and use me to bring them to those places. Open my eyes and my ears that I may this coming day be able to do some of the work of peace for Thee. Let me be Your love in action. Amen.

 

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

 

Senators Polehanki and Santana entered the Senate Chamber.

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

 

The following communication was received:

Office of Senator Jim Runestad

February 27, 2024

Please add my name as cosponsor to Senate Bills 724, 725, 726, and 727. Please also add my name to Senate Resolution 98.

                                                                                       Sincerely,

                                                                                       State Senator Jim Runestad

                                                                                       The 23rd Senate District

The communication was referred to the Secretary for record.

 

 

Senator Singh moved that rule 3.902 be suspended to allow the guests of Senator Wojno admittance to the Senate floor.

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

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Hoitenga, Bellino and Hauck introduced

Senate Bill No. 729, entitled

A bill to prohibit the use of certain terminology in the promotion of state or local governmental services.

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

 

 

Senators Polehanki, Bellino, Hauck, Wojno, Singh, McCann, Shink, Geiss, Hertel, Bayer, Moss, Webber, Victory, Santana, Klinefelt and Chang introduced

Senate Bill No. 730, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 609k.

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

Senators Hauck, Polehanki, Bellino, Singh, Wojno, McCann, Shink, Geiss, Hertel, Bayer, Moss, Webber, Victory, Santana, Huizenga, Klinefelt and Chang introduced

Senate Bill No. 731, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 903b (MCL 436.1903b), as added by 2016 PA 434.

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

 

 

Senators Wojno, Polehanki, Singh, McCann, Shink, Geiss, Hertel, Bayer, Moss, Webber, Victory, Santana, Klinefelt and Chang introduced

Senate Bill No. 732, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 804.

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

 

 

Senator Bumstead introduced

Senate Bill No. 733, entitled

A bill to amend 1846 RS 126, entitled “Of the lien of mechanics and others,” by amending section 37 (MCL 570.187) and by adding section 37a.

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

 

 

Senator Lindsey introduced

Senate Bill No. 734, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2251, 2253, 2433, 2435, 2441, 2451, 2453, 2481, 12613, 13104, 13105a, 13108, 13516, 13736, 13737, 13738, and 20919 (MCL 333.2251, 333.2253, 333.2433, 333.2435, 333.2441, 333.2451, 333.2453, 333.2481, 333.12613, 333.13104, 333.13105a, 333.13108, 333.13516, 333.13736, 333.13737, 333.13738, and 333.20919), section 2251 as amended by 2012 PA 180, sections 2253 and 2453 as amended by 2022 PA 274, section 2441 as amended by 2010 PA 72, section 12613 as amended by 2009 PA 188, sections 13104 and 13108 as amended and section 13105a as added by 2010 PA 375, sections 13736, 13737, and 13738 as added by 1987 PA 203, and section 20919 as amended by 2019 PA 37; and to repeal acts and parts of acts.

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

 

 

House Bill No. 5151, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 30c.

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 Veterans and Emergency Services.

 

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 27, 2024

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 299 of 1980, MCL 339.302, 339.303 and 339.1202:

Board of Cosmetology

Vanessa Cartwright of 704 Algonquin Street, Detroit, Michigan 48215, Wayne County, reappointed to represent the general public, for a term commencing February 27, 2024, and expiring December 31, 2027.

 

February 27, 2024

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.17021:

Michigan Board of Medicine

Abdulghani Sankari of 168 Highland Drive, Bloomfield, Michigan 48302, succeeding Donald Tynes whose term has expired, appointed to represent physicians, for a term commencing February 27, 2024, and expiring December 31, 2027.

Aurelia Gooden of 802 Mapleview Court, Rochester Hills, Michigan 48307, Oakland County, succeeding Mary Stearns who has resigned, appointed to represent the general public, for a term commencing February 27, 2024, and expiring December 31, 2025.

Hassan Abdallah of 641 Highview Street, Dearborn, Michigan 48128, Wayne County, succeeding Teresa Robinson whose term has expired, appointed to represent the general public, for a term commencing February 27, 2024, and expiring December 31, 2027.

 

February 27, 2024

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.17025:

Michigan Task Force on Physician’s Assistants

Mustafa Hamed of 45788 Irvine Drive, Novi, Michigan 48374, Oakland County, succeeding Bryan Little whose term has expired, appointed to represent the Board of Medicine, for a term commencing February 27, 2024, and expiring December 31, 2027.

 

February 27, 2024

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 232 of 1965, MCL 290.657:

Michigan Tree Fruit Commission

Trever Meachum of 60930 52nd Avenue, Hartford, Michigan 49057, Van Buren County, reappointed to represent district 3 growers, for a term commencing March 1, 2024, and expiring February 28, 2027.

Charles Rasch of 452 Harding Street, Conklin, Michigan 49403, Ottawa County, reappointed to represent district 2 growers, for a term commencing March 1, 2024, and expiring February 28, 2027.

 

February 27, 2024

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.18801:

Michigan Board of Veterinary Medicine

Lisa Kamischke of 7627 Cottonwood Street, Richland, Michigan 49083, Kalamazoo County, appointed to represent the general public, for a term commencing February 27, 2024, and expiring December 31, 2025.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Government Operations.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:07 a.m.

 

10:15 a.m.

 

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

 

 

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

The motion prevailed.

Senator Wojno’s statement is as follows:

It is a bittersweet day in my office today. Our office manager, Connie Platte, is retiring after nearly 38 years of service here in Lansing. I know many of you know Connie; she is an institution. I know that when many of you came in and there were questions, you would be referred to Connie; you would always be saying, Call Connie. Words cannot express her loyalty and devotion to public service in state government here in Lansing. Connie has worked with Senators Joe Conroy, Art Miller, Dennis Olshove, Steve Bieda, and then she got stuck with me.

Connie, I also want to take this opportunity to introduce your daughters who are joining us today, Sarah and Katherine. Her son, Alex, cannot be with us. He is stationed in the military in South Carolina. Connie, I also know that your late husband, Joel, is looking down on you today with love and admiration. Connie met her husband in the ninth grade, when she was in English class. They got married in 1987 when Connie was working for Joe Conroy. I’ve been told that on her honeymoon, Connie was still handling constituent concerns. Connie doesn’t stop until she gets an answer, solves a problem. During the pandemic she contracted COVID and was very sick, but she continued to work on hundreds and hundreds of UIA cases during that time. Last December, she had to have a serious back surgery. Then several days after that, she had emergency surgery for removal of her gallbladder. When she came out of anesthesia, the first thing she asked for was her laptop.

I want to share with you an email I received just last week, and it’s only one of hundreds and hundreds that have come in through the offices of previous State Senators through the years and my office. It reads as this:

 

Dear Senator Wojno, I want to take a moment to express my heartfelt gratitude for all the assistance Connie provided me regarding my UIA claim. Her guidance and unwavering support were instrumental in helping me navigate the process, ultimately resulting in the approval of my case. I am truly grateful for her dedication and persistence in advocating for me, despite facing challenges that were beyond my control. She stood by me and fought tirelessly day in and day out for my case. Thank you so much for everything, her support has truly made a significant difference in my life and I’m deeply appreciative to have Connie by my side through this journey. God bless you, and God bless Connie.

 

This past week, I was thinking as I was walking through the Capitol, We see so many portraits of so many individuals here in our state who have served in elective capacity. However, we never see or know those individuals who have worked throughout the years with an immense passion for serving constituents and seeing through that they get the support and resources they need, like Connie. Connie, I want you to know that you are among the greats who are featured here throughout our State Capitol with the legacy that you have left even though your portrait is not featured in our rotunda. However, there is someone who you have known for 30-plus years. They were once an intern here in Lansing, and they wanted to share their thoughts and congratulations with you today on your retirement. It reads as well, “Connie, I can’t believe this day has come. You have been a steadfast voice of reason throughout the years that I have known you. The state has been lucky to have you. Your friend, best wishes, Governor Gretchen Whitmer.”

Connie, they call it retirement, but you’re just changing lanes in your life’s journey. I know that you’ll be doing more downhill skiing—maybe not so much after your back surgery—reading, gardening, and traveling. Connie is a wealth of knowledge and she has been an inspiration to all of us here in Lansing. I’ve been fortunate to know her for over 27 years and even more fortunate to have her be part of my office these past five years. Connie, all of us will miss you. We love you, and I will really miss hearing you say, Okey-dokey.

 

Senator Theis 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 10:21 a.m.

 

10:52 a.m.

 

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

 

 

Messages from the House

 

 

Senate Bill No. 57, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7453 (MCL 333.7453), as added by 1988 PA 139.

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

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.

Senate Bill No. 58, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7455 (MCL 333.7455), as added by 1988 PA 139.

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

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.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

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

The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Polehanki 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. 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.

 

 

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.

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:

House Bill No. 5096, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3, 4, 6, 8a, and 12 (MCL 125.2683, 125.2684, 125.2686, 125.2688a, and 125.2692), sections 3 and 8a as amended by 2010 PA 277, section 4 as amended by 2014 PA 27, section 6 as amended by 2016 PA 118, and section 12 as amended by 2010 PA 83.

Substitute (S-4).

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 amendments, the following bill:

Senate Bill No. 721, entitled

A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending sections 1 and 3 (MCL 565.101 and 565.103), section 1 as amended by 2018 PA 572 and section 3 as amended by 2020 PA 294.

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

1.  Amend page 2, line 12, after “29,” by striking out “2024” and inserting “2025”.

2.  Amend page 2, line 26, after “29,” by striking out “2024” and inserting “2025”.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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. 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.

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.

 

 

Recess

 

 

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

The motion prevailed, the time being 11:05 a.m.

 

11:11 a.m.

 

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

 

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. 498

The motion prevailed.

 

 

The following bill was read a third time:

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.

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. 36                                             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:  Geiss

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

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.

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. 37                                             Yeas—23

 

 

Anthony                             Cherry                               Klinefelt                            Santana

Bayer                                 Daley                                 McCann                             Shink

Brinks                                Geiss                                 McDonald Rivet                 Singh

Camilleri                            Hertel                                 McMorrow                        Victory

Cavanagh                           Huizenga                            Moss                                 Wojno

Chang                                Irwin                                  Polehanki                         

 

 

                                                                     Nays—15

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Johnson                             Nesbitt                               Webber

Damoose                            Lauwers                             Outman                            

 

 

                                                                   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:

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 question being on the passage of the bill,

Senator Bellino offered the following amendment:

1.  Amend page 2, following line 25, by inserting:

     “Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 726.

(b) Senate Bill No. 727.”.

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. 38                                             Yeas—18

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                            Lauwers                                                                     

 

 

                                                                     Nays—19

 

 

Anthony                             Chang                                Klinefelt                            Santana

Bayer                                 Cherry                               McCann                             Shink

Brinks                                Geiss                                 McMorrow                        Singh

Camilleri                            Hertel                                 Moss                                 Wojno

Cavanagh                           Irwin                                  Polehanki                         

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—1

 

 

McDonald Rivet                                                                                                    

 

 

In The Chair:  Geiss

 

 

Senator Hoitenga offered the following amendment:

1.  Amend page 2, following line 25, by inserting:

     “Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 724.

(b) Senate Bill No. 725.”.

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. 39                                             Yeas—18

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McBroom                          Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                            Lauwers                                                                     

 

 

                                                                     Nays—19

 

 

Anthony                             Chang                                Klinefelt                            Santana

Bayer                                 Cherry                               McCann                             Shink

Brinks                                Geiss                                 McMorrow                        Singh

Camilleri                            Hertel                                 Moss                                 Wojno

Cavanagh                           Irwin                                  Polehanki                         

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—1

 

 

McDonald Rivet                                                                                                    

 

 

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. 40                                             Yeas—24

 

 

Anthony                             Cherry                               Johnson                             Polehanki

Bayer                                 Daley                                 Klinefelt                            Santana

Brinks                                Geiss                                 McCann                             Shink

Camilleri                            Hertel                                 McDonald Rivet                 Singh

Cavanagh                           Huizenga                            McMorrow                        Webber

Chang                                Irwin                                  Moss                                 Wojno

 

 

                                                                     Nays—14

 

 

Albert                                Hauck                                McBroom                          Runestad

Bellino                               Hoitenga                            Nesbitt                               Theis

Bumstead                           Lauwers                             Outman                             Victory

Damoose                            Lindsey                                                                      

 

 

                                                                   Excused—0

                                                                 Not Voting—0

 

 

In The Chair:  Geiss

 

 

The Senate agreed to the title of the bill.

 

 

Protests

 

 

Senators McBroom and Bellino, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4857.

Senator McBroom moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

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

I think most of you probably wouldn’t be surprised that I’m nerdy enough to have been a collector of butterflies for a long time. I used to have a pretty significant collection of various butterflies and moths—yeah, I didn’t have a lot of friends in school. I understand.

I appreciate the passion that many people have for the monarch butterfly. It is a remarkable species and in my district, we have a huge area on the Garden Peninsula where monarch butterflies congregate as they migrate south every year, and we have a significant amount of tourist impact from that time. However, I’m opposing this legislation because I don’t see the rationale or the sense of saying that the state of Michigan can tell from Lansing whether Waucedah Township or Breen Township or any other township somewhere in this state has a milkweed problem and shouldn’t be able to deal with that at the local level. We could certainly put some safeguards around that and certainly use programming to help our local communities do it in a way that is sensible, but to just have a one-size-fits-all approach from Lansing that says, You locals are not smart enough, not sophisticated enough, not wealthy enough to properly handle this milkweed problem without making an adverse impact on monarchs that we don’t want to see, I think is not the pinnacle of hubris but it’s certainly high up.

Weeds are a huge problem and our state has not been a great partner for agriculture in the fight against weeds compared to many other states. States where when farmers and communities see weeds getting out of control, the state or the local community will literally send somebody in there to take control of that situation and bill the landowner before those weeds get out of control and take over the countryside. Additionally, our state has a long heritage of spreading weeds through MDOT and other departments as they try to plant the roadsides or deal with highly erodible land, and this is a recurring problem. Michigan is not a great partner in weed management. Who bears the brunt of that cost? The farmers do. The farmers bear that cost. It impacts production, it impacts yield, it impacts their bottom line as they spend fuel running cultivators, buy chemicals and herbicides, or they see it impact the health of their animals because some of these noxious weeds are even toxic to animals. The state is not good at managing noxious weeds, and to take that authority away from our local governments, from our local people who see the problem on the ground, is a huge mistake.

In a lot of ways, it’s similar to the thievery of the DNR as they raise these deer herds that belong to them but then don’t do anything about it when their deer come and eat some poor farmer’s crops. Let that farmer pay to feed all those deer. Let the farmer bear the brunt of this so we can sell lots of licenses every year. It’s outright theft and the state of Michigan taking over our noxious weeds and determining that the locals can’t do it anymore is just another spike in the coffin of farmers around this state as they try to battle back, try to stay profitable, and work with increasingly shrinking margins.

We need butterflies; farmers need the butterflies. We need all the pollinators, but we also have to have sensitive and rational and well-thought-out policies that are nuanced to the areas and Lansing has proven again and again incapable of doing that, especially with weeds.

We need to send this bill back to the drawing board. Instead of just gutting local control again like we’ve done with wind and solar and lake levels and proposed with aggregates and proposed with dogs, instead work out a program that cooperates with our locals, that recognizes that they’re the ones on the ground seeing the problem. Milkweed can become an incredibly persistent and insidious weed, causing incredible harm to farmers and driving up the cost of the food that you all enjoy, that you all depend on. Vote “no” on this and send it back for another go.

Senators Bellino, Klinefelt, Hoitenga, Chang and Moss asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bellino’s statement is as follows:

My amendment would tie-bar Senate Bill Nos. 726 and 727. The bills would increase the penalties for anyone who brings fentanyl into our communities. I hope we all can agree that action is needed to address drug-overdose deaths, which reached a record high from fentanyl deaths in America last year. In fact, it’s now a leading cause of death for Americans between the ages of 18 and 45. I ask for support of my amendment.

 

Senator Klinefelt’s first statement is as follows:

I believe the amendment that there was just discussion on is worthy of more discussion and consideration, but it’s a completely separate issue. The reason we are looking to change the rule on noxious weeds with regard to milkweed is because it is the monarch butterfly’s sole source of food, and they are becoming endangered because across the United States it has been banned as a noxious weed. It’s really important for us to do what we can to replenish their food supply and do our part to help them come off of being endangered. I would ask that the other amendments be given their own consideration at another time and not be part of this.

 

Senator Hoitenga’s statement is as follows:

This amendment tie-bars the bill before us to Senate Bill Nos. 724 and 725. The bills would end the practice of sanctuary cities and counties in the state of Michigan by requiring every community to enforce state and federal immigration laws. If we can protect our butterflies, I hope we can protect our borders. I ask for your support on this amendment.

 

Senator Chang’s statement is as follows:

On this amendment I just would like to point out first of all that this amendment is not germane to the bill. The bill is about milkweed and butterflies, but I also wanted to point out that on the topic of sanctuary cities, in 2017 many of us were in the Legislature at that time and may remember that law enforcement, actually, many of them were opposed to this type of proposal. A local Michigan sheriff expressed that worrying about immigration status distracts from focusing on criminal behavior and is a waste of resources and—quote—our mission is to help keep a safe and secure community so we most effectively do that by identifying criminal behavior. During that year, faith leaders, agricultural leaders, business owners, several of our colleagues on both sides of the aisle came out in force that year, 2017, to oppose these proposals and continue to be bad policy, but again, the bill that is before us is about milkweed and butterflies, not about public safety, certainly not about the border, and I would encourage my colleagues to vote “no” on this amendment.

 

Senator Moss’ statement is as follows:

I rise to oppose this tie-bar to the bill that the member introduced. This is not the first time that Republican members have introduced this bill which usurps local policing and local control, but it never moved—even when Republicans served in the majority, because the Republican caucus members didn’t even support it. In fact, one of the times that this bill was introduced in this chamber, the former Republican leader sent it to the Government Operations Committee which he chaired and never took up. So, if a Republican majority had an unwillingness to take this up, everything we heard now from a Republican minority is just political theater. I join the Republican majority from previous sessions in opposing this bill and opposing this tie-bar.

 

Senator Klinefelt’s second statement is as follows:

Under this act, cities, villages, and townships are able to regulate the growth of noxious weeds through local ordinance and may appoint a noxious weed commissioner who oversees control of noxious weeds. Property owners do have a responsibility to destroy those weeds before they reach seed-bearing age. If they do not, a local unit of government may enter the property to do so. If this occurs, a city, village, or township will have a lien against the property on which it destroyed the noxious weeds to cover the cost of destruction and may issue a fine up to $100.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Lindsey, Webber, Bellino, Bayer, Theis and Chang asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Lindsey’s statement is as follows:

The crisis unfolding at our southern border isn’t just a distant concern. It’s affecting every corner of our nation, even here in Michigan. Today we had multiple opportunities to take action at the state level to address that crisis. Yet, instead of taking crucial steps toward reversing the devastating effects of Joe Biden’s open-border policies, we are here discussing protecting milkweed and butterflies instead of our local communities. I love nature, I love butterflies, but I also think our priority should be protecting the people of Michigan. Cities like Chicago, New York, and Denver are being overwhelmed with the massive influx of illegal immigrants, and Michigan’s version of sanctuary cities and counties could be next. We cannot stand idly by as our communities are at risk of their resources being stretched beyond their capacity and their citizens are at risk. It’s time for Michigan to take a stand, make sure laws are enforced, and protect our people.

 

Senator Webber’s statement is as follows:

First, I would like to express my gratitude to my colleague from the 2nd District. Thank you for including me in yesterday’s DHHS Appropriations Subcommittee meeting to engage with department officials regarding care for minors at our state-run facility. I also appreciate her willingness to tour Walter P. Reuther Psychiatric Hospital with me earlier this month.

I came away disappointed from the answers I received to my questions from the department. Their testimony underscored the need for more public conversations to take place between the Legislature and MDHHS in order to better protect and care for the children during a serious time of need. Just two weeks ago, a mother filed a $100 million lawsuit over the beating of her 10-year-old child while he was a resident at Walter Reuther. Her attorneys have said they have video evidence of five staff members encouraging a 15-year-old resident while she harmed a younger patient. Yesterday, we learned that while two of the three employees involved in the incident no longer work at the facility, one remains on temporary leave. That means children could once again be left in this person’s care.

Additionally, the hospital director claimed all employees who were involved in the $13 million settlement botched active shooter drill at the former Hawthorn Center are no longer with the department, yet it concerns me that one individual’s name can still be found in the state employee database. And when asked about serious weight loss and nutrition concerns among patients, we were told that obese children are merely getting healthier. Frankly, I found this response dismissive and out of touch with the genuine issues raised by parents and patient advocacy groups such as Disability Rights Michigan. The Legislature has a duty to ensure state resources are being spent to help children who need MDHHS services instead of on legal fees and massive court settlements.

I stand before you once again to ask my colleagues in the majority to open special Senate hearings into the serious problems plaguing the state’s only psychiatric care facility for minors. We can and should work together to get to the bottom of these tragedies and address what is wrong inside this vital state agency.

 

Senator Bellino’s statement is as follows:

Madam President, today we had an opportunity to address the fentanyl crisis that is plaguing our communities across the state by increasing the penalties for creating and trafficking fentanyl. We do know the precursor of the fentanyl is made in China, and it’s synthesized in Mexico and 90 percent is brought across the border to America. But just like President Biden, Democrats in this building seem content with the record number of fentanyl pouring into our communities.

Tragically, many Michiganders know someone who has been directly impacted by the fentanyl crisis. I, myself, know six people who have died of fentanyl overdose. With fentanyl seizures skyrocketing and fentanyl-related deaths reaching record highs, we must act swiftly to protect our communities. Inaction by this body will only mean that more lives will be lost. I hope we can do what the Beatles said, come together, and address the deadly impact the fentanyl is having on Michigan.

 

Senator Bayer’s statement is as follows:

First of all, I’d like to thank the Senator from District No. 38 for the Christmas card today.

Really, I wanted to speak to Senate Bill No. 662, and first of all to thank those who voted for that bill today. Most of us in Michigan live near lakes or know people who do live on the lakes. I suspect that you’ve seen lots of news articles on what’s happening to many of our lakes when there’s a big rain event here—the lake levels rise, sometimes to very-uncomfortable levels. We see more storms with increasing intensity, hundred-year storms are showing up every six months now and this sudden, mass-volume of water from these storms greatly impacts our lakes, often causing them to swell beyond the boundaries of what is considered normal for the lakes. Communities can be sued for not keeping the lake level to its normal boundary, even though the water level change is caused by the weather and is temporary. These natural water events—weather events—are completely out of any government’s control, but there have been lawsuits filed by residents against their very own government.

In 2022, the Michigan Court of Appeals held that a normal lake level must be strictly maintained with no variance for weather, natural events, or repair or improvements to the lake infrastructure. With the storm and water events we regularly see now, all our communities are at risk for litigation and this may cause them to actually have to take drastic and perhaps inappropriate steps just to manage the water. We could see more dams being built. We could see other invasive infrastructure potentially causing long-term damage to the property and to the environment. We could also see more dams failing as the need for repairs is disregarded because there is no effective way to fix the dam without temporarily changing the water level. Senate Bill No. 662 amends the definition of a normal lake level in part 307, allowing for temporary lake level changes based on seasonality, weather conditions, natural events, and infrastructure repair, enabling temporary variations.

 

Senator Theis’ statement is as follows:

Our nation is in the grip of a crisis. One fueled by the open borders policies of President Biden and the Democratic party. This crisis extends far beyond the communities along our southern border. It infiltrates so-called “sanctuary cities” like Denver, Chicago and New York. We even have some in Michigan, burdening their states’ social safety nets to their extreme limits. It touches the lives of everyday families and neighborhoods across every single state including right here in Michigan.

However, what exacerbates this crisis further is the political maneuvering and wordplay by people like our Governor, who’s taken it upon herself to redefine terms like “asylum seekers,” aligning with President Biden’s narrative, thereby obscuring critical information from our residents. Working to redefine the term “illegal immigrant” to “non-citizen” and now “asylum seeker,” this is intentional and everyone knows it. It feels as though scarcely a week passes without waking up to horrific stories, news articles, detailing atrocious and preventable crimes committed by illegal immigrants. Just this year alone, only 59 days in, there are dozens of stories of gruesome and shocking crimes that have happened.

On January 9, an illegal immigrant from Haiti was arrested for allegedly raping a developmentally disabled person in Boston. On January 27, a group of illegal aliens violently attacked NYPD officers on camera in Times Square, demonstrating disorderly conduct when asked by law enforcement to disperse. They were congregating there specifically for the purpose of committing crimes. When told by law enforcement to disperse, the migrants began fighting the officers, causing multiple injuries. On January 20, an illegal immigrant impersonated a delivery man in Minneapolis, demanding money before shooting three people in the head in front of their two children under the age of five. These are obviously not victimless crimes. Innocent Americans are suffering at the hand of these criminals, failed by a government that should be protecting them. Recent press releases from the U.S. Department of Homeland Security’s department of U.S. Immigration and Customs Enforcement paint a grim picture from earlier this month, “ICE arrests 171 noncitizens with pending charges or convictions for murder, homicide or assault against children during nation-wide law enforcement effort.” And just this week, the department issued this press release, “ICE arrests 275 noncitizens with sex offense convictions during a nation-wide law enforcement effort.”

These headlines highlighting the hundreds of arrests of illegal aliens with pending charges or convictions for murder, homicide, assault against children, and sex offenses highlight the severity of the situation. Homicides, assaults, domestic violence, illegal weapons possession, and sexual offenses committed by undocumented immigrants have surged since 2021, affecting families in Michigan and beyond. The recent tragic murder of Georgia college student Laken Riley, allegedly at the hands of an illegal immigrant with a history of arrests, is a stark example of how our government is failing our residents. This doesn’t begin to address the impact of the drug cartels and the impact that fentanyl is having throughout Michigan and the U.S. Overdose deaths are up dramatically since 2019, and the drugs are walking across our southern border. We cannot afford to ignore these lessons learned from the tragedies. As leaders, we have a responsibility to prioritize the safety of Michiganders. Governor Whitmer’s lack of transparency regarding the influx of illegal immigrants into our state is concerning. Her failure to address whether our sanctuary cities could become magnets for further waves of illegal immigration mirrors the crisis faced by other major cities. Her response to this crisis seems to be a plea for Michiganders to open their homes to immigrants, but the Governor must understand that she’s accountable for the safety of Michiganders. This border crisis poses a significant threat to their well-being and our residents deserve a clear and honest assessment of the situation and the actions being taken to address it by our Governor and administration. I call on the Governor to support closing the border, as many other governors have done, to vet the people that are coming in in order to assure the safety of Michigan citizens.

 

Senator Chang’s statement is as follows:

I just have a couple of reminders for my colleagues. One, we are not the United States Congress. Two, fear mongering is not only dangerous, it is also extremely unproductive. Three, many of us are here because we’re actually here to solve problems and not just politicize issues.

While I am here, I will share a couple of facts as well. There was a study done by the National Academy of Sciences that actually found immigrants commit less crimes. Ninety percent of the fentanyl and other drugs that come into our country actually come in through official ports of entry. They are not coming with folks who are crossing our border. Actually, 86 percent of the folks that have been convicted of drug trafficking crossing our border are United States citizens.

So, is there a substance abuse problem? Is there an addiction problem? Is there a public safety problem that we need to address in our country? Absolutely, of course there is, but let’s focus on actual policies that help solve problems, rather than attacking and vilifying people who are seeking a better life and fleeing war, economic desperation and poverty.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, February 27:

House Bill No.     5151

 

The Secretary announced that the following bills were printed and filed on Tuesday, February 27, and are available on the Michigan Legislature website:

Senate Bill No.       728

House Bill Nos.     5524  5525

 

 

Committee Reports

 

 

The Committee on Transportation and Infrastructure reported

House Bill No. 5103, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 303 and 304 (MCL 257.303 and 257.304), section 303 as amended by 2020 PA 376 and section 304 as amended by 2023 PA 125.

With the recommendation that the bill pass.

                                                                                       Erika Geiss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Chang, McCann, Bellino, McBroom, Victory and Bumstead

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Tuesday, February 27, 2024, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Geiss (C), Klinefelt, Wojno, Hertel, Chang, McCann, Bellino, McBroom, Victory and Bumstead

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Military, Veterans, State Police submitted the following:

Joint meeting held on Tuesday, February 27, 2024, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hertel (C), Klinefelt and Theis

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on DHHS submitted the following:

Meeting held on Tuesday, February 27, 2024, at 12:00 noon, Room 403, 4th Floor, Capitol Building

Present: Senators Santana (C), McDonald Rivet, Irwin, Cavanagh, Cherry, Bayer, Outman, Hauck and Theis

Excused: Senator Huizenga

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on LARA/DIFS submitted the following:

Meeting held on Tuesday, February 27, 2024, at 1:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Cavanagh (C), Santana and Theis

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Housing and Human Services submitted the following:

Meeting held on Tuesday, February 27, 2024, at 2:00 p.m., Room 403, 4th Floor, Capitol Building

Present: Senators Irwin (C), Santana, Cavanagh, Bayer, Shink, Chang, Cherry, Geiss, Lindsey, Hoitenga and Damoose

 

 

Scheduled Meetings

 

 

Appropriations

 

Subcommittees –

 

Corrections and Judiciary Thursday, February 29, 1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

Transportation Thursday, February 29, 3:00 p.m., Room 1200, 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

 

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 11:52 a.m.

 

The Assistant President pro tempore, Senator Geiss, declared the Senate adjourned until Thursday, February 29, 2024, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate