STATE OF MICHIGAN
Journal of the Senate
102nd Legislature
REGULAR SESSION OF 2023
Senate Chamber, Lansing, Thursday, September 14, 2023.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Jeremy Moss.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Albert—present Hauck—present Moss—present
Anthony—present Hertel—present Nesbitt—present
Bayer—present Hoitenga—present Outman—present
Bellino—present Huizenga—present Polehanki—present
Brinks—present Irwin—present Runestad—present
Bumstead—present Johnson—present Santana—present
Camilleri—present Klinefelt—present Shink—present
Cavanagh—present Lauwers—present Singh—present
Chang—present Lindsey—present Theis—present
Cherry—present McBroom—excused Victory—present
Daley—present McCann—present Webber—present
Damoose—present McDonald Rivet—present Wojno—present
Geiss—present McMorrow—present
Senator Lana Theis of the 22nd District offered the following invocation:
From Psalm 33:14-22,
From his dwelling place he watches all who live on earth—he who forms the hearts of all, who considers everything they do.
No king is saved by the size of his army; no warrior escapes by his great strength. A horse is a vain hope for deliverance; despite all its great strength it cannot save. But the eyes of the Lord are on those who fear him, on those whose hope is in his unfailing love, to deliver them from death and keep them alive in famine.
We wait in hope for the Lord; he is our help and our shield. In him our hearts rejoice, for we trust in his holy name. May your unfailing love be with us, Lord, even as we put our hope in you.
Lord, please give this Legislature ears to hear the cries of our citizens and the knowledge to improve what is within our purview. We ask Your forgiveness and grace, and we pray You give this body wisdom, discernment, and a peace that passes all understanding so that we can better serve the people of Michigan. We pray Your will is done on Earth as it is in heaven. Amen.
The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senator McBroom be excused from today’s session.
The motion prevailed.
Senator Singh moved that Senator Brinks be temporarily excused from today’s session.
The motion prevailed.
The following communication was received:
Department of Labor and Economic Opportunity
September 12, 2023
Section 4 of the Michigan Trust Fund Act (Public Act 489 of 2000) requires the Department of Labor and Economic Opportunity to submit reports to the Governor and the Michigan Legislature summarizing activities of the Strategic Outreach and Attraction Reserve Fund. Pursuant to these requirements, attached are the FY 2022 reports. Additionally included are reports on activities for the Critical Industry Program and the Michigan Strategic Site Readiness Program as required by Sections 88s and 88t of the Strategic Fund Act (Public Act 270 of 1984) and as previously included in the FY2022 Michigan Strategic Fund Annual Report.
If you have any questions, please contact Todd Cook, LEO Director of Legislative Affairs at CookT15@michigan.gov or 517-230-8900.
Gregory Rivet, Director
Bureau of Administrative Services
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Kevin Hertel
September 13, 2023
I am writing to respectfully request that my name be added as a co-sponsor to the following package of legislation:
• Senate Bill 443, sponsored by Senator Webber
• Senate Bill 445, sponsored by Senator Wojno
• Senate Bill 446, sponsored by Senator Victory
Sincerely,
Kevin Hertel
The communication was referred to the
Secretary for record.
The following communication was received:
Office of Senator Sue Shink
September 13, 2023
I am writing to respectfully request that my name be added as a co-sponsor to Senate Bill 446, sponsored by Senator Victory.
Sincerely,
Sue Shink
State Senator, 14th District
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Sylvia Santana
September 14, 2023
Please remove my name as sponsor and co-sponsor of Senate Bills 486-490. Please feel free to contact my office at senssantana@senate.michigan.gov or 517-373-0990, if you have any questions. I appreciate your attention in this matter.
Respectfully,
Sylvia A. Santana
State Senator
District 2
The communication was referred to the Secretary for record.
Senator Brinks entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to require the collection of certain residential and demographic information of incarcerated individuals and to require the information to be reported in a certain manner; and to provide for the powers and duties of certain state officers and entities.
The bill was read a first and second time by title and referred to the Committee on Elections and Ethics.
Senator Lauwers introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 8182 (MCL 500.8182), as added by 1990 PA 1, and by adding sections 8199b and 8199c.
The bill was read a first and second time by title and referred to the Committee on Finance, Insurance, and Consumer Protection.
Senator Albert introduced
A bill to require certain bonus payments to certain qualified employees; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Labor.
Senator Albert introduced
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 55, 58, 63, 63a, and 69 (MCL 38.55, 38.58, 38.63, 38.63a, and 38.69), section 55 as amended and section 63a as added by 2011 PA 264, sections 58 and 63 as added by 1996 PA 487, and section 69 as amended by 2002 PA 99.
The bill was read a first and second time
by title and referred to the Committee on Labor.
Senators Irwin, Geiss, Cavanagh, McMorrow, Klinefelt, Chang and Damoose introduced
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 bill was read a first and second time by title and referred to the Committee on Housing and Human Services.
Senator Irwin introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7401, 7403, and 7404 (MCL 333.7401, 333.7403, and 333.7404), section 7401 as amended by 2016 PA 548, section 7403 as amended by 2016 PA 307, and section 7404 as amended by 2016 PA 308.
The bill was read a first and second time by title and referred to the Committee on Regulatory Affairs.
Senators Polehanki, Geiss, Chang, Damoose, Bayer and Hertel introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1271.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Camilleri introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2018 PA 274.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator Shink introduced
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending sections 6, 6a, 6m, 6t, and 11 (MCL 460.6, 460.6a, 460.6m, 460.6t, and 460.11), section 6 as amended by 2005 PA 190 and sections 6a, 6m, and 11 as amended and section 6t as added by 2016 PA 341, and by adding section 6aa.
The bill was read a first and second time by title and referred to the Committee on Energy and Environment.
A bill to designate Diwali, Deepavali, or the Festival of Lights as a holiday in this state.
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 Civil Rights, Judiciary, and Public Safety.
A bill to designate Eid al-Adha and Eid al-Fitr as holidays in this state.
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 Civil Rights, Judiciary, and Public
Safety.
A bill to designate Lunar New Year as a holiday in this state.
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 Civil Rights, Judiciary, and Public Safety.
A bill to designate Vaisakhi or Baisakhi as a holiday in this state.
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 Civil Rights, Judiciary, and Public Safety.
A bill to designate Rosh Hashanah as a holiday in this state.
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 Civil Rights, Judiciary, and Public Safety.
A bill to designate Yom Kippur as a holiday in this state.
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 Civil Rights, Judiciary, and Public Safety.
By unanimous consent the Senate returned to the order of
Resolutions
Senate Resolution No. 69
Senate Resolution No. 70
The motion prevailed, a majority of the members serving voting therefor.
Senator Geiss offered the following resolution:
Senate Resolution No. 69.
A resolution to designate September 2023 as Childhood Cancer Awareness Month.
Whereas, According to the American Childhood Cancer Organization, an estimated 15,780 children between the ages of birth through 19 are diagnosed with cancer each year; and
Whereas, In 2023 alone, an estimated 9,910 new cases have been diagnosed; and
Whereas, Our goal is to increase awareness about childhood cancer, which is the leading cause of death by disease for children under the age of 14; and
Whereas, We honor the extraordinary resilience, courage, and strength of those who this harmful disease has effected; and
Whereas, Children’s cancer affects all ethnic, gender, and socio-economic groups; and
Whereas, Since the mid-1970s, advancements have been made in the fight against childhood cancer. Due to major treatment strides in recent decades, more than 80 percent of children with cancer now survive five years or more; and
Whereas, Increased awareness, support, and research will help to further improve outcomes and protect children from these serious diseases; and
Whereas, We must renew our commitment to curing childhood cancer and offer our support to the brave young people who are fighting this disease; and
Whereas, To honor the memory of every young person lost to cancer, we must unite behind improved treatment, advanced research and data, and brighter futures for young people; and
Whereas, We recognize the amazing
strength, perseverance, and optimism of the families and friends of children
who suffer from these devastating illnesses; and
Whereas, We acknowledge the medical professionals, researchers, and others who dedicate their time to search for new and safer treatments and cures; and
Whereas, All children deserve the chance to be healthy and find joy and fulfillment in their childhoods, as they deserve the chance to realize their full potential and grow into adults; now, therefore, be it
Resolved by the Senate, That the members of this legislative body designate September 2023 as Childhood Cancer Awareness Month.
The question being on the adoption of the resolution,
The motion prevailed.
Senator Geiss’ statement is as follows:
I rise today to offer Senate Resolution No. 69, to recognize September as Childhood Cancer Awareness Month. Cancer at any age is horrific and traumatizing for the patient and their families. From chemotherapy drugs, of which there are over 100 different kinds—intravenous and oral; to radiation, both photon and proton; to surgeries that can range from one to multiple; to frequent blood draws to gauge the counts of red blood cells, white blood cells, platelets, neutrophils and more; to frequent CT scans, MRIs, and echocardiograms, all over the course of months to years; port or PICC line care; not to mention the wide range and compounded side-effects of cancer care, and additional medications to minimize those side effects and mitigate the harm chemotherapy has on healthy organs, childhood cancer is a waking nightmare, especially for the youngest members of our communities who miss out on school, playing with friends, and just getting to be a regular kid.
According to the American Childhood Cancer Organization, in the U.S., an estimated 15,780 children between the ages of birth to 19 are diagnosed with cancer each year—in Michigan, it’s nearly 500 diagnoses. This year in 2023, an estimated 9,910 new cases are anticipated to be diagnosed nationally. Nationally, last year in 2022, 10,470 children—birth to 14 years—and 5,480 adolescents aged 15-19 are estimated to have been diagnosed with cancer—my daughter among them. Gratefully, thanks to the amazing care of her oncology team, she was not among the 14 percent of children in the U.S. who died last year from cancer.
Childhood cancer affects all ethnic, gender, and socio-economic groups, and can be environmental, hereditary, or from a rare chromosomal shift—as in my daughter’s case of synovial sarcoma. Childhood cancer awareness is also why I wear gold and yellow today, as gold is the commemorative color for childhood cancer awareness and yellow is for my daughter’s specific type of cancer.
We are lucky to live in a time with heightened research and attention on childhood cancer, and to be able to benefit from the advancements that have been made since the mid-1970s in the fight against it. Because of major treatment strides in recent decades, more than 80 percent of children with cancer now survive five years or more. But every day is fraught with worry that it may recur, that remission—once granted—might be temporary.
We must renew our commitment to curing childhood cancer and offer our support to the brave young people who are fighting these diseases. We must also improve our data tracking of the different types of childhood cancer. Interestingly enough, at last check—yesterday—the MiTracking Data Portal only tracks the top two most commonly diagnosed childhood cancers: Leukemias—which are cancers of the blood and bone marrow—and brain and central nervous system tumors. It does not track lymphomas, sarcomas, or other solid tumor childhood cancers. We can, and should, do better.
We must honor the remarkable superheroes on the pediatric cancer units across the state—nurses, doctors, social workers and child life teams, physical therapists, and so many others who provide the best care while taking care of families at our lowest points. We must especially honor the memory of every kid lost to cancer and the gaping chasm left in the lives of their families.
We must unite behind improved
treatment, advanced research and data, and brighter futures for young people.
With increased awareness, support, and research we will improve outcomes
further and protect children from these serious diseases, and maybe one day
cure childhood cancer completely so that they have the chance to be healthy,
find joy and fulfillment in their childhoods, and have the chance to realize
their full potential and grow into adults who will hopefully have long lives
ahead of them.
Senators Cavanagh, Irwin, Moss, McCann, Bayer and Camilleri offered the following resolution:
Senate Resolution No. 70.
A resolution to designate September 15-October 15, 2023, as Hispanic Heritage Month.
Whereas, There has been a long and important presence of Hispanic and Latino Americans in North America and the United States of America; and
Whereas, This month represents the anniversary of independence for Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Nicaragua; and
Whereas, Each year, Americans observe National Hispanic Heritage Month by celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America; and
Whereas, The United States recognizes the economic, cultural, and social contributions that Spanish-speaking people have brought to our nation, including the gifts of law, religion, agriculture, art, music, education, technology, architecture, cuisine, theater, and exploration; and
Whereas, Throughout our nation’s history, time and again, Hispanic-Americans have faithfully defended the principles of freedom and a representative government; and
Whereas, Hispanic Heritage Week was approved by President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period from September 15 to October 15. It was enacted into law on August 17, 1988, as Public Law 100-402; and
Whereas, Michigan is fortunate to count among its population a large concentration of citizens of Spanish and Latin American descent. Those who have lived in this state for generations as well as new residents contribute to our economy and society through their commitment to professions, commerce, family, and the arts; and
Whereas, During this month, Michigan’s Hispanic-American community celebrates through a series of special programs featuring Hispanic history, food, dance, and art; and
Whereas, Hispanic Heritage Month is the period of time in the United States when people recognize the contributions of Hispanic and Latino Americans to the United States and celebrate their varied heritage, background, and culture; now, therefore, be it
Resolved by the Senate, That the members of this legislative body designate September 15-October 15, 2023, as Hispanic Heritage Month.
The question being on the adoption of the resolution,
The motion prevailed.
Senator Cavanagh’s statement is as follows:
I rise today in support of my resolution—Senate Resolution No. 70—a resolution recognizing Hispanic Heritage Month, a month of celebration of history, culture, and innovative contributions the Hispanic community has woven into the vibrant tapestry of our great state of Michigan.
Hispanic Heritage Month runs from September 15 to October 15 and it is a time to honor our achievements and all Hispanic communities throughout Michigan. This annual celebration was once a week-long observation in 1968 under President Lyndon B. Johnson, but later expanded to a month-long by President Ronald Reagan in 1988 to commemorate the anniversaries of independence for several Latin American communities, including Mexico, Chile, Guatemala, El Salvador, Nicaragua, Honduras, and Costa Rica. Over 500,000 Michigan residents from every single Senate district across the state can trace their heritage to Latin or Central American countries. This is over 5 percent of the state’s total population—and we’re growing.
Our presence is deeply embedded in the fabric of our society, contributing cultural diversity, economic vitality, and a unique flavor that makes Michigan so special. It is vital to know the contributions of Hispanic and Latino Americans does not begin and end in agriculture or Taco Tuesdays. We sit in boardrooms, classrooms, and fire houses; we are doctors, we serve in the military, and we serve in chambers and as chairs in the Legislature.
In 1998, Belda Garza
made history by becoming the first Latinx legislator in the state of Michigan.
This achievement paved the way for many others, including myself, as we sought
to make our voices heard in the halls of government. Although it was over 25
years ago, I am still only one of 14 members of the Latino community to ever
serve in the Legislature. Underrepresented in government, our community is
often overlooked,
underprioritized, and often confined to our peoples’ understanding of who we
are and what we need.
As I stand before you today, I am a testament of the importance of embracing one’s roots, heritage, and history. You see, I moved here from San Diego when I was five years old. Growing up, I was told to not speak Spanish to avoid being teased or disadvantaged due to my accent, to shy away from anything that might reveal my heritage through clothes and cultural symbols out of fear of looking too Mexican, as it was more beneficial to conform. It wasn’t until my time in the House of Representatives that I discovered the transformative power of embracing one’s true self. It was then that I realized how special it is to be different, to embrace your history and heritage, and the importance of representation. The pride I discovered as a daughter of a Mexican immigrant as the chair of the Latino caucus signifies the importance of this month for hundreds of thousands of residents of Hispanic backgrounds throughout the state.
My journey illustrates the profound impact that representation and inclusivity can have on the trajectory of a young person’s life and underscores the importance of creating a Michigan where everyone feels welcomed and valued. Being the youngest elected Latina ever elected to the Michigan State Senate and serving as Appropriations chair for Labor and Economic Opportunity is life-changing, not only for myself but for every Hispanic Michigander. Having the unique opportunity to advocate and invest in areas that embrace diversity, equity, immigrants, housing, and workforce development allows for a more prosperous and inclusive state. As we consider this resolution, let us remember that it is not merely symbolic. It is a call to action, urging us to pass policies that positively impact diverse communities. These policies should address critical issues such as drive-safe, language access, increased affordability, protecting voting security, and immigrants’ rights. Let us use this resolution as a springboard for creating legislation, policy, and budgetary decisions that truly embrace our great state.
Thank you, and I urge my colleagues to support this resolution.
Statements
The motion prevailed.
Senator Albert’s statement is as follows:
Mr. President, I rise today having just read a disturbing and disappointing investigative report in the Detroit Free Press that details how our Governor through her political operatives has sought to disparage and discredit local Marshall residents opposed to a large-scale factory project in their backyards. These people are not elected officials, they’re not politicians, they’re just concerned citizens. One 62-year-old gentleman is the manager of a local Family Dollar and this effort connected to the Governor put his face on a mass mailing across his community with a giant red X through it. What are we doing here? How low can we go? Too many citizens already feel like their government and politicians have stacked the deck against them. They can’t possibly stand up to the bureaucracy and those with deep pockets; here’s our Governor proving them right. Using bottomless campaign coffers to intimidate people who disagree with her, this flies in the face of the values we hold dear as Americans. It is unjust to squash someone simply because they dissent. Do you really have to use a dark-money campaign with no accountability to try and discredit people who oppose this project? Why not have an open and transparent debate about the project on its merits instead? Just convince people it’s a good project.
I will have more to say about this and how the Governor and her allies are running their economic development activities in the near future, but today I want to register my deep disappointment in the actions of our Governor and her team.
Announcements of Printing and Enrollment
House Bill Nos. 4446 4447 4448 4449 4544 4545
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, September 13, for her approval the following bills:
Enrolled Senate Bill No. 134 at 11:08 a.m.
Enrolled
Senate Bill No. 135 at 11:10 a.m.
The Secretary announced that the following bills were printed and filed on Wednesday, September 13, and are available on the Michigan Legislature website:
Senate Bill Nos. 486 487 488 489 490 491 492 493
House Bill Nos. 4971 4972 4973 4974 4975 4976 4977 4978
Committee Reports
The Committee on Elections and Ethics reported
Senate Bill No. 470, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2023 PA 25.
With the recommendation that the bill pass.
Jeremy Moss
Chairperson
To Report Out:
Yeas: Senators Moss, Wojno, Santana, McMorrow, Chang, Camilleri and McBroom
Nays: Senator Johnson
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Elections and Ethics submitted the following:
Meeting held on Wednesday, September 13, 2023, at 3:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Moss (C), Wojno, Santana, McMorrow, Chang, Camilleri, Johnson and McBroom
COMMITTEE ATTENDANCE REPORT
The Committee on Finance, Insurance, and Consumer Protection submitted the following:
Meeting held on Wednesday, September 13, 2023, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Cavanagh (C), Moss, McCann, Bayer, Irwin, Huizenga, Theis and Daley
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Wednesday, September 13, 2023, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Hertel (C), Santana, Wojno, Cherry, Klinefelt, Geiss, Webber, Hauck and Huizenga
Excused: Senator Runestad
COMMITTEE ATTENDANCE REPORT
The Committee on Oversight submitted the following:
Meeting held on Wednesday, September 13, 2023, at 9:00 a.m., Room 1200, Binsfeld Office Building
Present: Senators Singh (C), McMorrow, Polehanki, McBroom and Lindsey
Excused: Senator Geiss
Senate Fiscal Agency Governing Board – Tuesday, September 19, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Senator Singh moved that the Senate adjourn.
The motion prevailed, the time being 10:28
a.m.
The President pro tempore, Senator Moss, declared the Senate adjourned until Tuesday, September 19, 2023, at 10:00 a.m.
DANIEL OBERLIN
Secretary of the Senate