No. 6

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2024

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, January 24, 2024.

 

10:00 a.m.

 

 

The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.

 

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

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—present

Bumstead—present                              Johnson—present                             Santana—present

Camilleri—present                               Klinefelt—present                            Shink—present

Cavanagh—present                              Lauwers—present                            Singh—present

Chang—present                                   Lindsey—present                             Theis—present

Cherry—present                                  McBroom—excused                        Victory—present

Daley—excused                                   McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Stephanie Chang of the 3rd District offered the following invocation:

When we are overwhelmed with the world and cannot see our way clear, when life seems a struggle between tedium and apathy or frenzy and exhaustion; when today seems a punishment and tomorrow a torment, may we find the courage of patience.

May we recognize courage in ourselves and our companions; that is not dramatic, that elicits no fanfare; that commands little notice by the world, that is forgotten and taken for granted.

May we learn how to cope like those who live one day of pain at a time, and who see the long path of suffering and do not despair, who inspire us by their patient courage, when we are impatient and afraid.

May we know such courage and quietly celebrate its presence among us. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

Senator Singh moved that Senators Cavanagh and Cherry be temporarily excused from today’s session.

The motion prevailed.

 

 

The following communication was received and read:

Office of the Auditor General

January 17, 2024

Enclosed is a copy of the following report:

•    Performance audit report on the Livestock Markets Program, Animal Industry Division, Michigan Department of Agriculture and Rural Development (791-0211-23).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

 

The following communications were received:

Office of Senator Rosemary Bayer

January 18, 2024

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 685 by Senator Sean McCann on January 11th, 2024.

 

January 18, 2024

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bills 692-695 by Senator Sam Singh on January 12th, 2024.

                                                                                       Sincerely,

                                                                                       Rosemary K. Bayer

                                                                                       13th Senate District

                                                                                       State Senator

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Department of Health and Human Services

January 23, 2024

Please find attached the Children Trust Michigan 2023-2024 State Plan, in keeping with the requirements of Public Act 250 of 1982.

                                                                                       Regards,

                                                                                       Jackie McKee

                                                                                       Executive Assistant to Chardaé Burton

                                                                                         Director of Legislative Affairs

The communication was referred to the Secretary for record.

Recess

 

 

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

The motion prevailed, the time being 10:03 a.m.

 

10:55 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator Cavanagh entered the Senate Chamber.

 

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, Lieutenant Governor Gilchrist, designated Senator Huizenga 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 with a substitute therefor, the following bill:

Senate Bill No. 600, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

Substitute (S-3).

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. 601, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

Substitute (S-3).

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 proceeded to the order of

Resolutions

 

 

Senator Singh offered the following concurrent resolution:

Senate Concurrent Resolution No. 13.

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

Resolved by the Senate (the House of Representatives concurring), That the Senate and House of Representatives meet in joint convention in the Hall of the House of Representatives, on January 24, 2024 at 6:00 p.m., to receive the message of Governor Gretchen Whitmer.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Singh moved that the rule be suspended.

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

The concurrent resolution was adopted.

 

 

Senators Bellino, Lauwers, Daley, Albert, Nesbitt, Huizenga, Damoose, Webber, McDonald Rivet, Wojno and Hauck offered the following resolution:

Senate Resolution No. 86.

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

Whereas, There are 49,858 students attending 210 Catholic elementary and high schools throughout our great state; and

Whereas, The Constitution of Michigan states that, “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, Catholic school parents pay tuition in addition to supporting their local public schools through their taxes; and

Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools; and

Whereas, Taking into account Michigan’s minimum public school foundation allowance of $9,608 per pupil, Catholic schools will save taxpayers more than $479 million in state spending during the current school year; and

Whereas, Catholic schools instill a broad, values-based education, emphasizing the lifelong development of moral, intellectual, and social values in young people, making them responsible citizens of our state and nation; and

Whereas, Catholic schools educate many students who are non-Catholic, many students who are economically disadvantaged, and exemplifies that a good education remains the single best way out of poverty; and

Whereas, With their traditionally high academic standards, high graduation rates, and commitment to community service, Catholic schools and their graduates make a positive contribution to society; and

Whereas, January 28-February 3, 2024, has been designated as Catholic Schools Week, with the theme, “Catholic Schools: United in Faith and Community” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and

Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and

Whereas, Catholic schools are committed to community service, producing graduates who hold “helping others” among their core values; and

Whereas, A supportive partnership is created within Catholic schools for each student’s family, while also encouraging parental involvement in the education of their children, so that Catholic students form productive lives which benefit future generations; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize January 28-February 3, 2024, as Catholic Schools Week. We support the continued dedication of Catholic schools across Michigan toward academic excellence and the key role that Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Singh moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Singh moved that further consideration of the resolution be postponed for today.

The motion prevailed.

 

 

Senator Brinks offered the following resolution:

Senate Resolution No. 87.

A resolution to amend the Standing Rules of the Senate.

Resolved by the Senate, That Rule 2.103 of the Standing Rules of the Senate be hereby amended to read as follows:

2.103 STANDING COMMITTEES

The standing committees of the Senate shall be:

Appropriations (19 members)

Civil Rights, Judiciary, and Public Safety (7 members)

Economic and Community Development (10 9 members)

Education (7 members)

Elections and Ethics (8 7 members)

Energy and Environment (14 members)

Finance, Insurance, and Consumer Protection (8 members)

Government Operations (5 members)

Health Policy (10 members)

Housing and Human Services (11 members)

Labor (4 members)

Local Government (7 members)

Natural Resources and Agriculture (7 members)

Oversight (6 members)

Regulatory Affairs (10 members)

Transportation and Infrastructure (11 10 members)

Veterans and Emergency Services (4 members)

Statutory standing committees:

Administrative Rules (5 members) (see MCL 24.235)

Legislative Council (6 members and 3 alternates) (see MCL 4.1103)

Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026)

Library of Michigan Board of Trustees (2 members) (see MCL 397.14)

Michigan Commission on Uniform State Laws (2 members) (see MCL 4.1301)

Michigan Council on Future Mobility (2 members) (see MCL 257.665)

Michigan Law Revision Commission (2 members) (see MCL 4.1401)

Senate Fiscal Agency Board of Governors (5 members) (see MCL 4.1501)

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Singh moved that the rule be suspended.

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

The resolution was adopted, a majority of the members serving voting therefor.

 

 

Statements

 

 

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

The motion prevailed.

Senator Johnson’s statement is as follows:

Last week, the Detroit News published an editorial urging our Secretary of State to honor her commitment to help the 1,520 local clerks in Michigan who conduct our state’s elections—so that they can do their jobs. The News points out that despite $46 million allocated to her department for the implementation of Proposal 2, our local clerks are literally losing sleep trying to comply with the requirements of Proposal 2 and related legislation due to a lack of support from our Secretary of State. Ironically, it was the current Secretary of State who pushed for all these changes; many which I feel actually undermine the integrity of our elections. Yet, now that they are the law, the Secretary of State refuses to support clerks who are simply trying to keep up with and to comply with these changes.

In a letter signed by 74 city and township clerks in Michigan—from across the political spectrum—that was sent to the Secretary of State and the Director of Elections, these clerks complained that they have been delayed in performing their jobs, waiting on guidance from the Bureau of Elections. They also begged the Secretary of State for additional support in meeting the burdensome requirements required and created by Proposal 2 and related new laws. The Secretary of State simply has not followed through on her commitment to our local clerks.

I agree wholeheartedly with the Detroit News as they concluded, “It should not have taken pleas from desperate clerks to get [the Secretary of State’s] attention. …This failure belongs to [her] office. She needs to fix it immediately.” We need accountability for the $46 million appropriated to the Secretary of State, and our clerks need help now. Empty and broken promises are simply unacceptable. They hurt hard-working civil servants in each city and township in our districts, and they hurt the efficient and effective administration of our state’s elections.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle.

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

 

Senator Singh moved that rule 3.902 be suspended to allow the guests of all Senators admittance to the Senate floor, including the center aisle.

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

Senator Singh moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

 

 

Recess

 

 

Senator Singh moved that the Senate recess until 6:00 p.m.

The motion prevailed, the time being 11:07 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator Cherry 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 6:01 p.m.

 

6:11 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

 

Joint Convention

 

 

The Sergeant at Arms announced a committee from the House of Representatives, Representatives Scott, Shannon, Bierlein and Mueller, who reported that the House was ready to meet with the Senate in Joint Convention.

The President, Lieutenant Governor Gilchrist, announced that the hour had arrived for the meeting of the two houses in Joint Convention.

Senator Singh moved that the Senate recess for the purpose of proceeding to the Hall of the House of Representatives for Joint Convention.

The motion prevailed, the time being 6:14 p.m.

(For proceedings in Joint Convention, see House Journal No. 6, p. 38.)

The Senate reconvened at the expiration of the recess at 7:56 p.m. and pursuant to rule 1.101, in the absence of the Presiding Officers, was called to order by the Secretary of the Senate.

The Secretary of the Senate announced that the Senate had attended the Joint Convention in the Hall of the House of Representatives and had received the State of the State message by Governor Whitmer.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Tuesday, January 23, and are available on the Michigan Legislature website:

House Bill Nos.     5402   5403   5404   5405  5406   5407   5408  5409

 

 

Scheduled Meetings

 

 

Civil Rights, Judiciary, and Public Safety – Thursday, January 25, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Energy and Environment – Thursday, January 25, 1:30 p.m., Room 403, 4th Floor, Capitol Building
(517) 373-5323

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 7:57 p.m.

 

The Secretary of the Senate declared the Senate adjourned until Thursday, January 25, 2024, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate