No. 77

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, September 19, 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—excused

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 Roger Victory of the 31st District offered the following invocation:

Lord, we come to You this morning in prayer to give You thanks and appreciation for this day You have given us. We thank You for the change of seasons of Your creation, and as we approach this fall season, we are reminded of Your words in Ecclesiastes 3 of the times of our lives; specifically regarding the time to plant and the time to harvest. May Your hand of guidance and safety be on those who work the farms and fields to bring in the harvest of Your land. We are grateful for the bounty of our state, from the apple orchards in the west, to the sugar beets in the east, and to the delicious sweet corn of the U.P.

We also ask for Your presence to be on the Senate Chamber this morning, that we may do the people’s work according to Your will. This we ask in Your name. Amen.

 

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

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

 

The following communications were received and read:

Office of the Auditor General

September 12, 2023

Enclosed is a copy of the following report:

•    Follow-up of the Michigan Cyber Civilian Corps, DTMB (071-0519-19F).

 

September 15, 2023

Enclosed is a copy of the following report:

•    Follow-up report of MILogin, Department of Technology, Management, and Budget (071-0570-18F).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit reports were referred to the Committee on Oversight.

 

 

The following communications were received:

Office of Senator Darrin Camilleri

September 14, 2023

I would like to request my name be removed as co-sponsor of Senate Bill 489. Please feel free to reach out to my office by emailing SenDCamilleri@senate.michigan.gov or calling 517-373-7918 if you have any other questions. Thank you and we appreciate your consideration.

 

September 14, 2023

I would like to request my name be added as a co-sponsor of Senate Bill 500. Please feel free to reach out to my office by emailing SenDCamilleri@senate.michigan.gov or calling 517-373-7918 if you have any other questions. Thank you and we appreciate your consideration.

                                                                                       Sincerely,

                                                                                       Darrin Camilleri

                                                                                       State Senator, District 4

The communications were referred to the Secretary for record.


 

The following communication was received:

Office of Senator John Cherry

September 14, 2023

Please remove my name as sponsor of Senate Bill 489. Please feel free to contact my office at senjcherry@senate.michigan.gov or 517.373.0142 if you have any questions.

I appreciate your attention to this matter.

                                                                                       Respectfully,

                                                                                       John Cherry

                                                                                       State Senator

                                                                                       District 27

The communication was referred to the Secretary for record.

 

 

Senator Singh moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 277

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

 

 

Recess

 

 

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

The motion prevailed, the time being 10:04 a.m.

 

10:53 a.m.

 

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

 

During the recess, Senator Geiss entered the Senate Chamber.

 

 

Messages from the Governor

 

 

The following message from the Governor was received on September 14, 2023, and read:

 

EXECUTIVE ORDER

No. 2023-10

 

Declaration of State of Emergency

 

On August 25, 2023, I issued Executive Order 2023-7 declaring a state of emergency for the counties of Wayne and Monroe due to storms that brought heavy rain and spawned seven tornadoes in different parts of the state. On August 28th, Executive Order 2023-8 extended the state of emergency to the counties of Eaton, Livingston, and Ingham and to the city of South Lyon (in Oakland County); then, on August 30th, Executive Order 2023-9 extended the state of emergency to the counties of Kent and Ionia. The same storms also caused widespread damage in the city of New Baltimore and Chesterfield Township in Macomb County resulting in road and bridge closures; downed trees and power lines; damage or flooding to building structures, embankments, and road surfaces; overwhelmed storm water and sewer systems; and/or deposits of silt and debris.

Local officials in the impacted jurisdictions have taken several actions to respond to the situation, including but not limited to, activating the emergency response and recovery aspects of their emergency operations plans, issuing emergency public information, and otherwise utilizing local resources to address these conditions. Despite these measures, local resources are insufficient to respond to the storm damage. State assistance is necessary to effectively respond to, and recover from, the impacts of these storms.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I order the following:

    1. In addition to the jurisdictions named in Executive Orders 2023-7, 2023-8, and 2023-9, a state of emergency is also declared for the city of New Baltimore and Chesterfield Township in Macomb County.

    2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts and may call upon all state departments to utilize available resources to assist in the designated areas pursuant to the Michigan Emergency Management Plan.

    3. The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than October 11, 2023, unless extended as provided by the Emergency Management Act.

 

Date: September 13, 2023

Time: 8:25 a.m.

Gretchen Whitmer

        [SEAL]                                                                      Governor

 

By the Governor:

Jocelyn Benson

Secretary of State

The executive order was referred to the Committee on Government Operations.

 

 

The following messages from the Governor were received and read:

September 14, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121, 333.16122 and 333.16621:

Michigan Board of Dentistry

Martha Morgan of 506 Ninth Street, Royal Oak, Michigan 48067, Oakland County, reappointed to represent dental hygienists, for a term commencing September 14, 2023, and expiring June 30, 2027.

Dr. Hassan Yehia of 24859 Winona Street, Dearborn, Michigan 48124, Wayne County, reappointed to represent dental specialists, for a term commencing September 14, 2023, and expiring June 30, 2027.

Dr. Deborah Brown of 4665 Oak Timbers Court, N.E., Grand Rapids, Michigan 49525, Kent County, reappointed to represent dentists, for a term commencing September 14, 2023, and expiring June 30, 2027.

Dr. Rouzana Hares of 7015 Balmoral Drive, West Bloomfield, Michigan 48322, Oakland County, succeeding Dr. Kristi Thomas whose term has expired, appointed to represent dentists, for a term commencing September 14, 2023, and expiring June 30, 2027.

Ellen Chambers of 6055 Shaftsburg Road, Williamston, Michigan 48895, Ingham County, succeeding Kathleen Webber whose term has expired, appointed to represent dental assistants, for a term commencing September 14, 2023, and expiring June 30, 2027.

Dr. Dennis Fasbinder of 2764 Bent Tree Drive, Dexter, Michigan 48130, Washtenaw County, succeeding Dr. Craig Spangler whose term has expired, appointed to represent dentists, for a term commencing September 14, 2023, and expiring June 30, 2027.

 

September 18, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.302, 339.303, and 339.721:

Michigan State Board of Accountancy

Teressa R. Keena of 7222 Storey Book Lane, S.E., Ada, Michigan 49301, Kent County, reappointed to represent certified public accountants, for a term commencing September 18, 2023, and expiring June 30, 2027.

Eulonda N. Whitmore of 14309 Rutherford Street, Detroit, Michigan 48227, Wayne County, reappointed to represent the general public, for a term commencing September 18, 2023, and expiring June 30, 2027.

 

September 18, 2023

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121, 333.16122, and 333.16521:

Michigan Board of Acupuncture

Carlota Almanza-Lumpkin of 1300 E. Lafayette Avenue, Apt. 2703, Detroit, Michigan 48207, Wayne County, succeeding Jonell Underwood whose term has expired, appointed to represent the general public, for a term commencing September 18, 2023, and expiring June 30, 2026.

Caitlin Bonk of 20436 Louise Street, Livonia, Michigan 48152, Wayne County, reappointed to represent licensed acupuncturists, for a term commencing September 18, 2023, and expiring June 30, 2027.

Kristen Hall of 727 Allston Drive, Rochester Hills, Michigan 48309, Oakland County, reappointed to represent the general public, for a term commencing September 18, 2023, and expiring June 30, 2027

Dr. Ryan Mehmandoost-Gauthier of 640 South Brady Street, Apt. 206, Dearborn, Michigan 48124, Wayne County, reappointed to represent licensed acupuncturists, for a term commencing September 18, 2023, and expiring June 30, 2027.

 

September 18, 2023

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

Michigan Onion Committee

Michael Bosch of 4703 South Street, Hamilton, Michigan 49419, Allegan County, reappointed for a term commencing September 18, 2023, and expiring August 16, 2026.

Bruce Klamer of 4040 100th Street, S.W., Byron Center, Michigan 49315, Kent County, reappointed for a term commencing September 18, 2023, and expiring August 16, 2026.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Government Operations.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

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 McBroom as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4200, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9206 (MCL 333.9206), as amended by 2023 PA 97.

 

 

Senate Bill No. 277, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101 and 36104a (MCL 324.36101 and 324.36104a), section 36101 as amended by 2016 PA 265 and section 36104a as added by 1996 PA 233, and by adding sections 36104c and 36104e.

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

 

 

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

Senate Bill No. 337, entitled

A bill to amend 1970 PA 132, entitled “An act to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey,” by amending sections 1, 2, and 3 (MCL 54.211, 54.212, and 54.213), sections 1 and 3 as amended by 2018 PA 193 and section 2 as amended by 1988 PA 24.

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.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Singh moved that the rules be suspended and that the following bill, now on Third Reading of Bills, be placed on its immediate passage:

House Bill No. 4200

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

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Senator Singh moved that the Senate proceed to consideration of the following bill:

House Bill No. 4200

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4200, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9206 (MCL 333.9206), as amended by 2023 PA 97.

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. 452                                           Yeas—27

 

 

Anthony                             Damoose                            Klinefelt                            Polehanki

Bayer                                 Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Camilleri                            Hertel                                 McDonald Rivet                 Victory

Cavanagh                           Huizenga                            McMorrow                        Webber

Chang                                Irwin                                  Moss                                 Wojno

Cherry                               Johnson                             Nesbitt                              

 

 

                                                                     Nays—10

 

 

Albert                                Daley                                 Lindsey                             Runestad

Bellino                               Hoitenga                            Outman                             Theis

Bumstead                           Lauwers                                                                     

 

 

                                                                   Excused—1

 

 

Santana                                                                                                                 

 

 

                                                                 Not Voting—0

 

 

In The Chair: Moss

 

 

Senator Singh moved that the bill be given immediate effect.

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

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The Senate agreed to the full title.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 31, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9206 (MCL 333.9206), as amended by 1996 PA 540, and by adding section 5474d.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 5474d.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Singh moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 453                                           Yeas—27

 

 

Anthony                             Damoose                            Klinefelt                            Polehanki

Bayer                                 Geiss                                 McBroom                          Shink

Brinks                                Hauck                                McCann                             Singh

Camilleri                            Hertel                                 McDonald Rivet                 Victory

Cavanagh                           Huizenga                            McMorrow                        Webber

Chang                                Irwin                                  Moss                                 Wojno

Cherry                               Johnson                             Nesbitt                              

 

 

                                                                     Nays—10

 

 

Albert                                Daley                                 Lindsey                             Runestad

Bellino                               Hoitenga                            Outman                             Theis

Bumstead                           Lauwers                                                                     

                                                                   Excused—1

 

 

Santana                                                                                                                 

 

 

                                                                 Not Voting—0

 

 

In The Chair: Moss

 

 

Senator Singh moved that the bill be given immediate effect.

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

The Senate agreed to the title as amended.

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

Introduction and Referral of Bills

 

 

Senator McBroom introduced

Senate Bill No. 503, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 4 (MCL 28.454), as amended by 2018 PA 634.

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

 

 

Senator McDonald Rivet introduced

Senate Bill No. 504, entitled

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 section 10gg (MCL 460.10gg), as added by 2018 PA 348.

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

 

 

Senators Polehanki, McCann, Geiss, Shink and Bayer introduced

Senate Bill No. 505, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2023 PA 83.

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

 

 

Senator Klinefelt introduced

Senate Bill No. 506, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 3119, 4103, and 4117 (MCL 289.3119, 289.4103, and 289.4117), sections 3119 and 4103 as amended by 2018 PA 92 and section 4117 as amended by 2012 PA 178.

The bill was read a first and second time by title.

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

Senator Anthony introduced

Senate Bill No. 507, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 6 and 9 of chapter 1 and sections 3, 73, 84, 85, 86a, 86b, 86c, 91, 92, and 93 of chapter 2 (MCL 141.506, 141.509, 141.603, 141.673, 141.684, 141.685, 141.686a, 141.686b, 141.686c, 141.691, 141.692, and 141.693), section 6 of chapter 1 as amended and sections 86a, 86b, and 86c of chapter 2 as added by 2018 PA 456 and section 9 of chapter 1 as added and sections 3, 73, 84, 85, 92, and 93 of chapter 2 as amended by 1996 PA 478, and by adding section 92a to chapter 2.

The bill was read a first and second time by title.

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

Senator Hertel introduced

Senate Bill No. 508, entitled

A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending section 7 (MCL 285.317), as amended by 2016 PA 264.

The bill was read a first and second time by title.

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

Senator Cavanagh introduced

Senate Bill No. 509, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 7 (MCL 285.67), as amended by 2004 PA 274.

The bill was read a first and second time by title.

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

Senator Cavanagh introduced

Senate Bill No. 510, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 6 (MCL 285.66), as amended by 2002 PA 80.

The bill was read a first and second time by title.

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

Senators McCann, Irwin, Geiss and Cavanagh introduced

Senate Bill No. 511, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2022 PA 220.

The bill was read a first and second time by title.

Senator Singh moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

Senators Daley, McBroom, Victory, Lauwers, Outman, Johnson, Bellino, Nesbitt, McDonald Rivet and Damoose introduced

Senate Bill No. 512, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 15 and 163 (MCL 388.1615 and 388.1763), section 15 as amended by 2022 PA 144 and section 163 as amended by 2021 PA 15.

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

 

By unanimous consent the Senate returned to the order of

Resolutions

 

 

Senator Singh moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 71

Senate Resolution No. 72

Senate Resolution No. 73

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

 

 

Senator Camilleri offered the following resolution:

Senate Resolution No. 71.

A resolution to recognize September 21, 2023, as Maltese American Heritage Day.

Whereas, Malta is a country in the central Mediterranean Sea with a rich and unique history dating back thousands of years; and

Whereas, Because of its strategic location, this archipelago of six islands has been a naval asset for centuries and was also instrumental in World War II. After coming under siege by Axis Powers, the ensuing Allied offensive to regain the island was successful and instrumental in the following North African campaign; and

Whereas, Malta would eventually gain its independence from the United Kingdom on September 21, 1964 and became a republic in 1974. Today, Malta is a unitary multiparty republic, with a parliament consisting of a unicameral House of Representatives; and

Whereas, Despite its small geographic size, Malta is the fourth most densely populated country in Europe and the eighth most in the world, with a population of nearly 450,000 spread across approximately 121 square miles; and

Whereas, Among other unique attributes, Malta boasts three United Nations Educational, Scientific and Cultural Organization (UNESCO) heritage sites, delicious cuisine, world-renowned diving, and other recreational opportunities on its stunning coastline, with some of the oldest freestanding structures in the world; and

Whereas, The United States is fortunate to be home to more than 38,000 Maltese Americans. The 2013 American Community Survey estimates that over 12,900 Michiganders are Maltese immigrants or children of Maltese immigrants, making the Metro Detroit area the largest concentration of Maltese Americans in the nation; and

Whereas, Michiganders of Maltese descent, from the auto workers that helped build Michigan into an industrial powerhouse, to the entrepreneurs who opened restaurants that are still serving the Metro Detroit community today, have employed the Maltese values of creativity, perseverance, and relentless hard work to build a better future for their families and the communities they call home; and

Whereas, Both the state of Michigan and the United States of America have been enriched by the contributions of Maltese Americans in all facets of life, including the arts, sciences, business, education, and philanthropy; and

Whereas, Maltese American residents are proudly served in Michigan by the Maltese American Benevolent Society in Detroit and the Maltese American Community Club in Dearborn; and

Whereas, Michigan views cultural diversity as a strength and welcomes the opportunity to honor our fellow Michiganders of Maltese descent for their lasting and expanding imprint upon our state; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize September 21, 2023, as Maltese American Heritage Day. We encourage all citizens to celebrate the individual and collective contributions of Maltese Americans to this state and to this country.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Cherry, Geiss, McMorrow, Moss, Polehanki and Wojno were named co-sponsors of the resolution.

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

The motion prevailed.

Senator Camilleri’s statement is as follows:

Today I rise in support of Senate Resolution No. 71, my resolution to declare September 21, 2023 as Maltese American Heritage Day in the state of Michigan. For those of you who don’t know, Malta is a small country in the middle of the Mediterranean Sea that has a fascinating story, and I think it’s one that does not get told often enough. September 21 is a significant day because it’s in that year of 1964 that Malta gained independence on that day from the United Kingdom. Throughout Malta’s long and complex history, it was ruled by the Arabs, the Greeks, the Romans, the French, the British, and quite a few others. This is due to its strategic location in the Mediterranean Sea that was great for international trade and military operations. Plus, it is a place that is unbelievably beautiful.

During World War II, Malta was home to the British Fleet which meant it sustained many attacks. My grandparents lived in Malta as teenagers during that time and repeatedly told stories of how our little island stood up to the Axis powers and remained firm in resistance to the Nazis and Italy’s Fascist party. This resistance was instrumental to the British finally granting Malta independence later on, but I think it also speaks to the spirit of Malta and the Maltese people.

I’m lucky enough to be Maltese American—my dad was born in Malta and moved to the U.S. with his family in the 1960s when he was a kid. Just like so many immigrants who came to Detroit, the Maltese came in search of factory jobs, many like the UAW factory jobs that were so prosperous around our region and they are laborers and workers who stood up for their rights, just like our auto workers are today on the picket line. In southeast Michigan we are home to more Maltese Americans than anywhere else in the country and I’ve pretty much noticed that any Maltese person I meet carries that Maltese spirit. It is a spirit of friendship, hard work, loyalty, generosity, and above all, resilience.

I am the first ever Maltese American to serve in the State Legislature and I do not take that title lightly. It is one that has even garnered me international Maltese attention. In 2021 I received a letter from the president of Malta giving me an award in this letter. It was the National Order of Merit, which I thought was a joke. I had met the ambassador of Malta to the United States several weeks prior to receiving this letter. He gave me his phone number so I called him and said, I received this letter, it looks fake, is this real, what’s going on? The ambassador literally started freaking out on the phone, congratulating me, and saying this is such an important honor and historic opportunity for me to receive an honor from my father’s homeland. What he compared it to was the Presidential Medal of Freedom; this is the Maltese version of the highest honor anyone can receive. So, as you could imagine, I decided to go to Malta with my dad. We went to receive this award in December 2021. We were received at the president’s palace; I was among poets and Nobel Laureate-types of people, professors, even someone who saved a young child in the Mediterranean Sea. And then me, a state legislator among this group. I was the youngest in the crowd but it really brought me intense honor and was such a humbling experience to be there, to be with my dad and his family, to be received by his cousins, and to receive that award from the president of Malta.

For me to be in this position, to know that I am someone who has never been in this position before, like so many of us in this chamber we are walking history and we are using that power to do something to help the people of our state. I really just want to take a moment to honor and appreciate our ancestors who came before us as it is important to recognize all of our heritage and all of our history. I hope you’ll join me in doing so for our small Maltese American community in Michigan. We are strong and mighty and we have a strong place in our history that we know will only continue to prosper going forward.

 

 

Senator Outman offered the following resolution:

Senate Resolution No. 72.

A resolution to designate September 17-23, 2023, as Constitution Week.

Whereas, September 17, 2023 marks the 236th anniversary of the signing of the Constitution of the United States of America by the Constitutional Convention; and

Whereas, It is fitting and proper to accord official recognition to this magnificent document, its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and

Whereas, Public Law 915 of 1956 authorizes and requests the proclamation each year by the President of the United States of America designating September 17-23 as Constitution Week; now, therefore, be it

Resolved by the Senate, That the members of this legislative body designate September 17-23, 2023, as Constitution Week.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Cherry, McMorrow, Polehanki, Webber and Wojno were named co-sponsors of the resolution.

Senator Bayer offered the following resolution:

Senate Resolution No. 73.

A resolution to designate September 2023 as Suicide Prevention Month.

Whereas, There is no single cause or solution to suicide, but we know that access to support and treatment saves lives; and

Whereas, Mental health can be a common factor for those contemplating suicide, and other contributing factors play a large role; and

Whereas, According to the Centers for Disease Control and Prevention, suicide is the tenth leading cause of death in the United States as well as the second leading cause of death among individuals between the ages of 10 and 34 years; and

Whereas, In the United States, an individual dies by suicide every 11 minutes, resulting in nearly 48,000 deaths each year; and

Whereas, Over 12 million adults reported seriously considering suicide and 1.7 million people have attempted suicide; and

Whereas, The stigma associated with mental health conditions and suicidality hinders suicide prevention by discouraging at-risk individuals from seeking lifesaving help and can further traumatize survivors of suicide loss and individuals with lived experience of suicide; and

Whereas, Despite mental health playing a factor in suicide prevention, many Americans continue to struggle to find treatment as a result of expense or inaccessibility; and

Whereas, We recognize that suicide and suicide attempts affect the friends and loved ones of those around us; and

Whereas, Those experiencing suicidal thoughts or mental distress can call or text 988 to speak with someone free and confidentially; and

Whereas, We must continue to invest in mental health resources and address the stigma of ideation of suicide to ensure no one feels that they do not have someone to speak to when they need it; now, therefore, be it

Resolved by the Senate, That the members of this legislative body designate September 2023 as Suicide Prevention Month.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Cherry, Geiss, McMorrow, Moss, Polehanki and Wojno were named co-sponsors of the resolution.

 

 

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

The motion prevailed.

Senator Bayer’s statement is as follows:

September is National Suicide Prevention Month and suicide touches us all, many of us directly, individually, certainly whole communities are impacted. Each person who dies by suicide leaves behind people who knew that person, along with the impact of suicide and the grief that follows. When I was in eighth grade and I lost my friend next door to suicide, I didn’t know that he needed help. I didn’t know what to look for, what kind of warnings might have helped his family, helped us to have him not make that choice.

But now we are paying more attention to this issue because it’s getting so much worse. In fact, the suicide rate among young people ages 10-24 increased 62 percent from 2007 to 2021, and the suicide rate among adults has risen also, particularly for men. Between 2001 and 2021, the suicide rate in men in the United States has risen 22 percent.

When my cousin died of suicide 10 years ago, I knew he was having some struggles, but I really had no idea that he was at the end of his rope, that he felt like he had no options. It never occurred to me that he desperately needed help. And then it was too late. But now I know differently. Now I know that I can help. I can help prevent suicide. You, also, can help prevent suicide.

There are some warning signs to watch for. For youth, you might hear a young person talking about or making plans for suicide. They might express things like they can’t stop the pain, that they can’t see a way out, that they can’t get out of depression or make the sadness go away, or don’t see themselves as worthwhile.

In adults, some warning signs also include talking about or making plans for suicide. If you hear someone talking about feeling hopeless and having no reason to live, withdrawing or isolating themselves, feeling trapped in unbearable pain or even just feeling like a burden to other people, increasing the use of alcohol and drugs, and changing their behavior—being more agitated, being more angry, expressing rage.

So what can you do if you see those warning signs in someone near you? If your person is experiencing or expressing these symptoms, you can call 988—the lifeline, 988—anytime, 24 hours a day and get help right away. You can also—if this is a person you know, you can talk to them. You can speak directly and openly about suicide, it’s okay. Be willing to listen; allow them to express their feelings in a non-judgmental way. Don’t debate whether it’s right or wrong, don’t lecture, there are no judgements about whether feelings are good or bad—you listen. Do get involved; be available to that person; show interest and support; and don’t fall into being sworn to secrecy. If you get someone in a conversation like this and they say, Don’t tell anyone, but—don’t do that, because they need help.

If you can, if it’s available, remove the means. It could be pills, it could be firearms, anything. Or, always, call 988—the lifeline—and get help from people who specialize in suicide prevention. If you, yourself, are experiencing any of these kinds of feelings, call 988 and get some help. No matter what the problem; you don’t have to be thinking about suicide to feel like you need some help. Even just some emotional support. Just talking with someone can save a life—your life. So the lifeline network again is 988. It’s available for everyone across the United States, 24/7, free and completely confidential.

I want to thank you for listening today, very graciously. I hope that you will take some of this with you because this is happening all over, numbers are going up. You are likely to know someone who finds themselves feeling this way, and you can help. Thank you for listening and learning a little bit more about that. I sure hope it never happens to you; it certainly changed my life. I ask that you support this resolution for September to be Suicide Prevention Month in Michigan.

 

 

Statements

 

 

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

The motion prevailed.

Senator Chang’s statement is as follows:

Today I rise—a little bit late but nevertheless—to recognize September 8-17 as Welcoming Week. Welcoming Week is a time when a chorus of thousands across this nation celebrate the benefits of a welcoming, inclusive society and deepen their commitment to creating places that are welcoming to immigrants and all of us. Immigrants are key to Michigan’s past, current, and future population growth. Immigrants are small business owners, teachers, engineers, skilled tradespeople, farm workers, health professionals, home care workers, and more. Today there are some delicious Asian baked goods delivered to your office that you can enjoy—along with the sweet corn—and these baked goods are from QQ Bakery in my district in Madison Heights, and will be delivered along with a letter from Rising Voices in support of the drive-safe bills. I encourage us as a Legislature to continue to take steps toward a more welcoming Michigan. Happy Welcoming Week.

 

Senator McBroom’s statement is as follows:

Mr. President, I’ve heard a lot from people about fairness and justice for the working class over the last couple of weeks—especially over the last couple of weeks, and there’s lots of criticisms thrown at CEOs and corporations, it’s a steady drumbeat. When one considers just some of the excesses and practices of these CEOs and corporations, it isn’t hard to see why the consternation and passions exist. Surely we can all agree that such excesses and abuses that occur in corporate America are worthy of discussion and worthy of serious reforms.

So with all of this righteous indignation going on toward the unfairness of employers toward employees, causes me to once again rise to bring to our attention the plight of our own employees—the corrections officers in our state prisons. Presently, many facilities around this state are operating with terrible, persistent staff shortages. I’ll highlight just a few of them with which I am most familiar.

Marquette Branch Prison and Baraga are both consistently working with 40 percent of a full complement. Alger Max should have 75 officers, and yet typically has 25. This then forces the local prison to mandate those officers stay for a second shift. At the completion of those 16 hours of work our employees go home, sometimes more than an hour away—due to past decisions made by this department that have closed prisons without any due consideration of the circumstance. So we have officers being forced to drive an hour or two, after working a 16-hour shift, they get home, if they’re lucky they get to see their family while they’re awake, maybe grab something to eat, try to unwind from the day that may have included terrible, life-altering danger to their person, maybe get four or five hours of sleep, and get back in the car and drive another hour or two back to work to take their next eight-hour shift, only to—at the end of that eight-hour shift—get mandated again and work another full 16-hour day, get back in the car, drive home, do it over again, go back the third day, work another eight-hour shift—get mandated again sometimes. This is the violation of the 32-hour rule that we’ve heard many times—that I have brought up many times—that the department doesn’t even keep track of.


 

Then we wonder why our officers are leaving us, why they don’t stay. We wonder why we are doing this huge recruitment push and spending hundreds of thousands or millions of dollars on advertising and recruitment and taking our officers and sending them to fairs, job events, and colleges, Please come, please sign up, we need you. Then they get there and they are like, This stinks, I don’t want to work for this. Especially now, Wisconsin is recruiting them right out of the U.P., Come and work for us. They pay more. Iowa, Nebraska, Arkansas—they are all paying more.

And what are we doing about it? We allow this department to continue to obfuscate attempts at transparency. We allow them to continue to spin us, all the time. The spin cycle from the Department of Corrections, it’s worse than what you see coming from the White House—from either party. The spin cycle from this department, Well we don’t know what assaults really are. Or, Those don’t count as assaults because our definition is over here or now the definition is over here. They come to the committee that I chaired and, Well we don’t have those numbers because we only thought it was about six. And then you bring up a few instances and it’s way more.

Meanwhile, we are ruining the lives of our employees, we are endangering the lives of them, and we are also endangering the lives of the inmates who are there, who are supposed to be receiving services and not be locked away in solitary for endless months on end without being reported. I will have more to say on this next time.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Thursday, September 14, and are available on the Michigan Legislature website:

Senate Bill Nos.      494    495    496    497    498    499    500    501    502

House Bill Nos.     4979   4980   4981   4982  4983   4984   4985   4986   4987  4988   4989   4990 4991       4992        4993        4994        4995        4996                               4997   4998   4999   5000  5001   5002   5003   5004   5005  5006   5007   5008 5009       5010        5011

 

 

Committee Reports

 

 

The Committee on Labor reported

Senate Bill No. 165, entitled

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending sections 3 and 4 (MCL 38.1603 and 38.1604), as amended by 2018 PA 674.

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

                                                                                       John Cherry

                                                                                       Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri and Cavanagh

Nays: Senator Albert

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

 

 

The Committee on Labor reported

Senate Bill No. 166, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 55 (MCL 38.55), as amended by 2011 PA 264, and by adding sections 50b, 50c, 50d, 64a, 64b, and 64c.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

                                                                                       John Cherry

                                                                                       Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri and Cavanagh

Nays: Senator Albert

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

The Committee on Labor reported

Senate Bill No. 167, entitled

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” (MCL 38.1601 to 38.1674) by adding sections 24c, 24d, and 24e.

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

                                                                                       John Cherry

                                                                                       Chairperson

To Report Out:

Yeas: Senators Cherry, Camilleri and Cavanagh

Nays: Senator Albert

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Labor submitted the following:

Meeting held on Thursday, September 14, 2023, at 8:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Cherry (C), Camilleri, Cavanagh and Albert

 

 

The Committee on Energy and Environment reported

Senate Bill No. 277, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101 and 36104a (MCL 324.36101 and 324.36104a), section 36101 as amended by 2016 PA 265 and section 36104a as added by 1996 PA 233, and by adding sections 36104c and 36104e.

With the recommendation that the bill pass.

                                                                                       Sean McCann

                                                                                       Chairperson

To Report Out:

Yeas: Senators McCann, McDonald Rivet, Singh, Bayer, Shink, Hertel, Camilleri, Chang, Polehanki and Hauck

Nays: Senators Damoose, Outman and Bellino

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Energy and Environment submitted the following:

Meeting held on Thursday, September 14, 2023, at 1:30 p.m., Room 403, 4th Floor, Capitol Building

Present: Senators McCann (C), McDonald Rivet, Singh, Bayer, Shink, Hertel, Camilleri, Chang, Polehanki, Lauwers, Damoose, Outman, Hauck and Bellino

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Affairs submitted the following:

Meeting held on Thursday, September 14, 2023, at 8:30 a.m., Room 1100, Binsfeld Office Building

Present: Senators Moss (C), Polehanki, McCann, Wojno, Santana, Hertel, Hauck, Webber, Lauwers and Bellino

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Civil Rights, Judiciary, and Public Safety submitted the following:

Meeting held on Thursday, September 14, 2023, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Chang (C), Shink, Wojno, Irwin, Santana, Runestad and Johnson

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic and Community Development submitted the following:

Meeting held on Thursday, September 14, 2023, at 12:00 noon, Room 1100, Binsfeld Office Building

Present: Senators McMorrow (C), Cavanagh, Polehanki, Cherry, McDonald Rivet, Moss, Geiss, Victory, Lindsey and Webber

Scheduled Meetings

 

 

Civil Rights, Judiciary, and Public Safety Thursday, September 21, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Energy and Environment – Wednesday, September 20, 12:30 p.m., Room 403, 4th Floor, Capitol Building (517) 373-5323

 

Finance, Insurance, and Consumer Protection – Wednesday, September 20, 11:00 a.m., Room 1200, Binsfeld Office Building (517) 373-5314

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 11:30 a.m.

 

The President pro tempore, Senator Moss, declared the Senate adjourned until Wednesday, September 20, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate