No. 42

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2024

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, May 7, 2024.

 

10:00 a.m.

 

 

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

 

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

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—excused                                   Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—present

Bumstead—present                              Johnson—excused                           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—excused

Damoose—present                               McDonald Rivet—present                Wojno—excused

Geiss—present                                    McMorrow—present                       


 

Senator Jim Runestad of the 23rd District offered the following invocation:

Heavenly Father, You blessed our founders with wisdom to divide our country into individual states. You have empowered our governors and state legislatures to make laws and decrees which manage daily lives, hopefully make lives safer, and protect us. We pray for our state’s Governor and Legislature. Please give strength and wisdom to us and guide our decisions. May we always put love first. Surround us with people from all walks of life and varied backgrounds. Bring to this body people of high moral character and spiritual maturity. Among the many voices which cry out to us every day, may we hear Your voice above all others. As we look for assurance and guidance, especially in times of crisis, assure us and speak to us by the power of Your Holy Spirit. In Jesus’ 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 Lauwers moved that Senator Nesbitt be temporarily excused from today’s session.

The motion prevailed.

 

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

The motion prevailed.

 

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

The motion prevailed.

 

Senator Singh moved that Senators Wojno and Bayer be excused from today’s session.

The motion prevailed.

 

Senator Geiss entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Cherry introduced

Senate Bill No. 860, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40503.

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

 

 

Senators Irwin, Geiss, McBroom, Chang, Shink, Santana, Cavanagh, Wojno and Bayer introduced

Senate Bill No. 861, entitled

A bill to amend 1893 PA 118, entitled “An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith,” (MCL 800.33 to 800.61) by adding section 33a.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Victory, McBroom, Geiss, Irwin, Chang, Shink, Santana, Cavanagh, Wojno and Bayer introduced

Senate Bill No. 862, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 13 and 41 (MCL 780.763 and 780.791), section 41 as amended by 2000 PA 503.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

Senators Geiss, Irwin, McBroom, Victory, Chang, Shink, Santana, Cavanagh, Wojno and Bayer introduced

Senate Bill No. 863, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2012 PA 319.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators McBroom, Victory, Geiss, Irwin, Chang, Shink, Santana, Bayer, Cavanagh and Wojno introduced

Senate Bill No. 864, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33, 33c, 34, and 35 (MCL 791.233, 791.233c, 791.234, and 791.235), sections 33 and 34 as amended by 2019 PA 14, section 33c as added by 1994 PA 217, and section 35 as amended by 2019 PA 13.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

Senators Victory, Bellino, Hertel and Lauwers introduced

Senate Bill No. 865, entitled

A bill to designate the official commercial grain of this state.

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

 

 

Senator Singh introduced

Senate Bill No. 866, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2980.

The bill was read a first and second time by title and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

 

 

House Bill No. 4504, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16188.

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 Health Policy.

 

 

House Bill No. 4505, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17801 (MCL 333.17801), as amended by 2009 PA 55, and by adding sections 17820a and 17820b.

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 Health Policy.

 

 

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

The motion prevailed.

Senator Brinks’ statement is as follows:

It is the nature of this work that when we rise to give farewell speeches, it is usually to give staff our best wishes as they head off into their next professional endeavor. So when someone is leaving the institution for their well-earned retirement, it is an extra-special moment. That’s the case today as we honor Assistant Sergeant at Arms Dave Blackman, who is retiring after more than eight years of service to the Senate.

Dave brought his decades of experience as an officer with the Lansing Police Department to the esteemed Senate Police force in 2015, and he has been a valued team member ever since. In addition to keeping legislators, staff, and our many visitors safe, Dave brings much-needed levity and joy to a job that can be very challenging. He is a legendary participant in the Polar Plunge for Special Olympics. His colleagues have shared that he is also the king prankster on the team and they have said, “No one is safe.” He is nicknamed Cobra because, “He will strike when people are least expecting it.” His colleagues say that he has a great work ethic and when he sees something that needs to be done, he just does it. They also say that he will be dearly missed as both a coworker and a friend, and I know that is a true sentiment from all of us here in the Senate.

Dave, we wish you the best in your retirement. After a long career in public service, we hope you enjoy relaxing with your wife, Robin, at your cottage in Charlevoix. You’ll be in good hands with the Senator from the 37th District—but if he gives you any trouble, you just call me directly.

Dave, on behalf of the Michigan Senate, I thank you for your distinguished service to this institution and to the 10 million Michiganders that it serves. Mr. President and colleagues, please join me in thanking Dave Blackman for his distinguished service and congratulate him on his retirement. Thank you.

 

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 resolution:

Senate Resolution No. 117

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

 

 

Senator McDonald Rivet offered the following resolution:

Senate Resolution No. 117.

A resolution to designate May 5-11, 2024, as Tardive Dyskinesia Awareness Week.

Whereas, Many people with serious mental illnesses, such as bipolar disorder, major depressive disorder, schizophrenia and other schizoaffective disorders, or gastrointestinal disorders (gastroparesis, upset stomach, nausea, and vomiting) may be treated with medications that work as dopamine receptor blocking agents, including antipsychotics and antiemetics; and

Whereas, While ongoing treatment with these medications can be necessary, prolonged use is associated with tardive dyskinesia (TD), an involuntary movement disorder that is characterized by uncontrollable, abnormal, and repetitive movements of the face, torso, limbs, fingers, or toes; and

Whereas, Even mild symptoms of TD can impact people physically, socially, and emotionally; and

Whereas, It is estimated that TD affects 600,000 people in the United States, and approximately 65 percent of people with TD have not been diagnosed, making it important to raise awareness about the symptoms; and

Whereas, It is essential that people taking these medications be monitored for TD by a healthcare provider. Regular screening for TD is recommended by the American Psychiatric Association; and

Whereas, Clinical research has led to approval of treatments for adults with TD by the United States Food and Drug Administration, and recognition and treatment of TD can make a positive impact in the lives of many people experiencing psychotic and mood disorders; and

Whereas, We take this time to raise awareness and understanding of TD among the public and medical community; now, therefore, be it

Resolved by the Senate, That the members of this legislative body designate May 5-11, 2024, as Tardive Dyskinesia Awareness Week; and be it further

Resolved, That we encourage anyone experiencing uncontrollable, abnormal, and repetitive movements to consult their healthcare provider regarding their symptoms.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Huizenga and Santana were named co-sponsors of the resolution.

 

 

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

The motion prevailed.

Senator McDonald Rivet’s statement is as follows:

I rise today to address this body and ask that you please join me in designating this week as Tardive Dyskinesia Awareness Week. You will find lovely, delicious cookies on your desk in commemoration.

Tardive dyskinesia is a chronic condition that causes involuntary, sudden, and repetitive movements of the face, body, or both. TD is associated with prolonged use of some mental health medicines—antipsychotics—often used to treat bipolar disorder, depression, schizophrenia, and schizoaffective disorder. TD affects approximately 600,000 people in the U.S. and approximately 70 percent, or 7 out of 10 people, living with TD have not yet been diagnosed.

This week, we raise awareness of TD, including the physical, social, and emotional impact it can have on those who may be experiencing symptoms. By raising awareness, we can help increase education and support for people living with this condition. Thank you for allowing me to address my resolution, and I ask my colleagues to join me in designating this week as Tardive Dyskinesia Awareness Week.

Recess

 

 

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

The motion prevailed, the time being 10:15 a.m.

 

11:02 a.m.

 

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

 

During the recess, Senator Nesbitt entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Messages from the Governor

 

 

The following messages from the Governor were received and read:

May 2, 2024

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

Michigan Apple Committee

Christopher Alpers of 7373 East Pertner Road, Lake Leelanau, Michigan 49653, Leelanau County, reappointed to represent district 4 growers, for a term commencing May 2, 2024, and expiring April 1, 2027.

Philip Schwallier of 1185 9 Mile Road, N.W., Sparta, Michigan 49345, Kent County, reappointed to represent district 2 growers, for a term commencing May 2, 2024, and expiring April 1, 2027.

 

May 2, 2024

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

Michigan Corn Marketing Program Committee

Brett Brink of 3407 58th Street, Hamilton, Michigan 49419, Allegan County, reappointed to represent district 4 growers, for a term commencing May 2, 2024 and expiring March 5, 2027.

Philip Gordon of 4690 Willow Road, Saline, Michigan 48176, Washtenaw County, reappointed to represent district 3 growers, for a term commencing May 2, 2024 and expiring March 5, 2027.

Daniel Keenan of 19240 Ederer Road, Merrill, Michigan 48637, Saginaw County, reappointed to represent district 8 growers, for a term commencing May 2, 2024 and expiring March 5, 2027.

Scott Miller of 6757 Warren Road, Elsie, Michigan 48831, Clinton County, reappointed to represent district 6 growers, for a term commencing May 2, 2024 and expiring March 5, 2027.

 

May 2, 2024

I respectfully submit to the Senate the following appointment to office pursuant to Executive Order No. 2012-17:

Michigan Domestic and Sexual Violence Prevention and Treatment Board

Megan Widman of 30395 Leemoor Street, Beverly Hills, Michigan 48025, Oakland County, succeeding Kristen Howard who has resigned, appointed to represent persons with experience handling the problems of domestic violence and/or sexual violence, for a term commencing May 2, 2024, and expiring December 4, 2024.

 

May 2, 2024

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 154 of 1974, MCL 408.1046:

Board of Health and Safety Compliance and Appeals - Chair

John Rupp, Jr., of 3622 Elder Road South, West Bloomfield, Michigan 48324, Oakland County, appointed for a term commencing May 2, 2024, and expiring March 18, 2027.

 

Board of Health and Safety Compliance and Appeals

John Rupp, Jr., of 3622 Elder Road South, West Bloomfield, Michigan 48324, Oakland County, reappointed to represent the general public, for a term commencing May 2, 2024, and expiring March 18, 2027.

Jeff Smrz, of 1335 Craig Drive, Westland, Michigan 48186, Wayne County, reappointed to represent labor in the construction industry, for a term commencing May 2, 2024, and expiring March 18, 2028.

Matthew Uptmor of 6361 Leuen Road, Saginaw, Michigan 48604, Saginaw County, succeeding George Van Coppenolle whose term has expired, appointed to represent labor in the general industry, for a term commencing May 2, 2024, and expiring March 18, 2026.

James Dion of 1541 Marie Street, Trenton, Michigan 48183, Wayne County, succeeding Todd Doenitz who has resigned, appointed to represent management in the construction industry, for a term commencing May 2, 2024, and expiring March 18, 2025.

 

May 2, 2024

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 26 of 1969, MCL 390.391 et seq.:

Lake Superior State University Board of Trustees

Whitney Gravelle of 2980 South Lang Drive, Brimley, Michigan 49715, Chippewa County, succeeding Randy Pingatore whose term has expired, appointed for a term commencing May 2, 2024, and expiring January 27, 2032.

Kevin Cooper of 126 Water Street, Sault Sainte Marie, Michigan 49783, Chippewa County, succeeding Thomas Bailey whose term has expired, appointed for a term commencing May 2, 2024, and expiring January 27, 2032.

 

May 2, 2024

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17113:

Michigan Board of Licensed Midwifery.

Chelsea Gordy of 702 North Oakland Drive, Laingsburg, Michigan 48848, Shiawassee County, succeeding Kristen Revere whose term has expired, appointed to represent the general public and consumer of midwifery care, for a term commencing May 2, 2024, and expiring December 31, 2027.

 

May 2, 2024

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 58 of 1998, MCL 436.1209:

Michigan Liquor Control Commission

Lee Gonzales of 816 State Road, Fenton, Michigan 48430, Genesee County, reappointed to represent Democrats, for a term commencing May 2, 2024, and expiring June 12, 2028.

Edward Toma of 5157 Nob Hill Court, Bloomfield Hills, Michigan 48302, Oakland County, reappointed to represent Republicans, for a term commencing May 2, 2024, and expiring June 12, 2028.

                                                                                       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 Huizenga 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 with a substitute therefor, the following bill:

Senate Bill No. 762, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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.

 

 

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

Senate Bill No. 763, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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.

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

Senate Bill No. 757, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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.

 

 

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

Senate Bill No. 756, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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.

 

 

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

Senate Bill No. 769, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

1.  Amend page 31, line 25, after “$” by striking out “390,000” and inserting “350,000”.

2.  Amend page 32, line 1, after “$” by striking out “110,000” and inserting “150,000”.

3.  Amend page 32, line 2, after “superintendents” by inserting “and the intermediate school district”.

4.  Amend page 32, line 5, after “means” by striking out “an intermediate school district or” and inserting “a”.

The Senate agreed to the substitute as amended 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. 761, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

1.  Amend page 2, line 6, after “revenues” by striking out “2,199,790,100” and inserting “2,253,675,100”.

2.  Amend page 2, line 10, after “revenues” by striking out “4,229,670,000” and inserting “4,230,660,000”.

3.  Amend page 2, line 11, after “$” by striking out “269,875,100” and inserting “215,000,100”.

4.  Amend page 11, line 13, after “$” by striking out “4,444,560,100.00” and inserting “4,445,660,100.00”.

The Senate agreed to the substitute as amended 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. 768, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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.

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

Senate Bill No. 748, entitled

A bill to make appropriations for the department of lifelong education, advancement, and potential for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

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.

 

 

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

Senate Bill No. 752, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), section 236 as amended by 2023 PA 320 and section 241 as amended by 2023 PA 103.

Substitute (S-2).

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

1.  Amend page 10, line 5, by striking out “the state school aid fund.” and inserting “state general fund/general purpose money.”.

2.  Amend page 26, line 26, by striking out all of section 241e.

The Senate agreed to the substitute as amended 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. 753, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), section 201 as amended by 2023 PA 320 and section 206 as amended by 2023 PA 103.

Substitute (S-2).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1.  Amend page 13, line 4, by striking out all of section 206a.

The Senate agreed to the substitute as amended 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. 751, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2023 PA 320 and section 17b as amended by 2007 PA 137.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1.  Amend page 136, line 11, after “exceed” by striking out “$1,000,000.00” and inserting “$2,700,000.00”.

The Senate agreed to the substitute as amended 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. 766, entitled

A bill to make appropriations for the department of labor and economic opportunity for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-2).

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

1.  Amend page 2, line 1, after “$” by striking out “2,199,723,00” and inserting “2,199,732,900”.

2.  Amend page 2, line 5, after “$” by striking out “2,199,733,000” and inserting “2,199,732,900”.

3.  Amend page 39, line 13, after “critical” by striking out “incentive” and inserting “industry”.

4.  Amend page 81, line 12, after “unit.” by striking out “The unemployment insurance agency shall transmit each quarterly report no later than 60 days after the end of each quarter.”.

The Senate agreed to the substitute as amended 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. 767, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2025; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

1.  Amend page 132, line 27, after “psychiatry” by inserting “or other state-operated psychiatric facility”.

2.  Amend page 132, line 28, by striking out the balance of the page through “facility.” on line 2 of page 133.

3.  Amend page 133, line 3, by striking out “(c)” and inserting “(b)”.

4.  Amend page 133, line 3, after “individuals” by inserting “determined not guilty by reason of insanity by an order of the probate court”.

5.  Amend page 133, line 5, after “psychiatry” by inserting “or other state-operated psychiatric facility”.

6.  Amend page 133, line 7, by striking out “(d)” and inserting “(c)”.

7.  Amend page 133, line 7, after the first “of” by striking out “individuals” and inserting “adults”.

8.  Amend page 133, line 9, after “center” by inserting “through the civil admissions process”.

9.  Amend page 133, following line 10, by inserting:

     “(d) The average number of children who, on the first day of each month, are waiting to receive admission into another state-operated hospital or center through the civil admissions process. The average described in this subdivision must be calculated based on the most recent 12 months.”.

10. Amend page 133, line 11, after “an” by striking out “individual” and inserting “adult”.

11. Amend page 133, line 13, after “process.” by inserting “The average described in this subdivision must be calculated based on the most recent 12 months.

(f) The average wait time for a child who is awaiting admission into another state-operated hospital or center through the civil admissions process. The average described in this subdivision must be calculated based on the most recent 12 months.”.

12. Amend page 133, line 14, by striking out “(f)” and inserting “(g)”.

13. Amend page 133, line 20, by striking out “(g)” and inserting “(h)”.

14. Amend page 133, line 20, after “of” by striking out the balance of the line through the first “psychiatry” on line 21 and inserting “adults admitted through the civil admission process that have been determined to be ready for discharge to the community, and the average wait time between being determined to be ready for discharge to the community and actual community placement”.

15. Amend page 133, following line 20, by inserting:

     “(i) The number of children admitted through the civil admission process that have been determined to be ready for discharge to the community, and the average wait time between being determined to be ready for discharge to the community and actual community placement.

(j) The most recent 12-month total number of individuals determined not guilty by reason of insanity by an order of the probate court ordering the individual to be admitted into the center for forensic psychiatry or other state-operated psychiatric facility

(k) The most recent 12-month total number of adults requested to be admitted to a state-operated hospital or center through the civil admissions process.

(l) The most recent 12-month total number of children requested to be admitted to a state-operated hospital or center through the civil admissions process.”.

16. Amend page 133, line 22, by striking out “(h)” and inserting “(m)”.

17. Amend page 133, line 22, after “individuals” by striking out the balance of the line through the first “centers” on line 23 and inserting “determined not guilty by reason of insanity by an order of the probate court that were removed from the admissions waiting list and the reason for the removal from the admissions waiting list”.

18. Amend page 133, following line 23, by inserting:

     “(n) The number of adults awaiting admission through the civil admission process removed from the admission waiting list and the reason for the removal from the admission waiting list.

(o) The number of children awaiting admission through the civil admission process removed from the admission waiting list and the reason for the removal from the admission waiting list.

(p) The number of individuals determined not guilty by reason of insanity by an order of the probate court and not admitted into the center for forensic psychiatry or other state-operated hospital or center, and the rationale for the individual not being admitted.

(q) The number of adults not admitted into the other state-operated hospitals or centers through the civil admissions process and the rationale for the individual not being admitted.

(r) The number of children not admitted into a state-operated hospital or center through the civil admission process and the rationale for the individual not being admitted.”.

19. Amend page 195, following line 4, by inserting:

     “Sec. 1935. From the funds appropriated in part 1 for home help caregiver council, the department shall allocate $1,000,000.00 to support the creation of a home help caregiver council. Once established, the home help caregiver council will be tasked with providing supportive services to Medicaid enrollees accessing eligible community-based supports, their families, and those who serve them. Supportive services may include program orientation, training, and a patient matching services to home care workers.”.

The Senate agreed to the substitute as amended 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. 760, entitled

A bill to make appropriations for the legislature, the executive, the department of the attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain other state purposes for the fiscal year ending September 30, 2025; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

Substitute (S-1).

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

1.  Amend page 22, line 14, after “38.0” by striking out “10,315,300” and inserting “9,815,300”.

2.  Amend page 22, line 16, after “projects” by striking out “4,145,900” and inserting “4,645,900”.

3.  Amend page 69, following line 7, by inserting:

     “ONE-TIME APPROPRIATIONS

Sec. 615. (1). The funds appropriated in part 1 shall be utilized by the Michigan State Capitol Commission for all necessary activities to implement the Park Michigan project to develop a public park on or adjacent to the state capitol complex. Consistent with other activities of the America 250 Committee, the project is intended to be a permanent and enduring commemoration of Michigan’s contributions to the nation for the American semiquincentennial.

(2) The commission shall seek agreement with the Department of Technology, Management, and Budget or any other state entities necessary to acquire, manage, lease, oversee, or otherwise control property on the grounds of the capitol complex for the development of the Park Michigan project. It is the intent of the legislature that the commission works collaboratively with state agencies, including nearby agencies that regularly host public tours, in the development of the Park Michigan project.

(3) The commission may utilize funds from part 1 to contract for any professional plans, designs, or studies to support the development of the Park Michigan project.

(4) Implementation of the Park Michigan project shall include at least the following:

(a) Costs to improve existing memorials or markers impacted by the Park Michigan project.

(b) Non-motorized connections to downtown and nearby community infrastructure.

(c) Displays, markers, artifacts, or art designed to commemorate significant historic events, people, groups, or natural history of this state. At a minimum, the commission shall consult with representatives of the Michigan History Center, State Capitol and the State Archives.

(d) Community recreation or gathering spaces for public use.

(e) As applicable, features or infrastructure that will support utilization of the park during all seasons of the year.

(5) Final plans approved by the commission for the Park MI Project shall include the anticipated future operational costs.

(6) Notwithstanding any other requirement in this section, the commission shall engage local governments and the public, to inform Park Michigan Project planning prior to commencing any construction activities.

(7) In addition to the funds appropriated from Part 1, the commission shall seek private donations, sponsorships, or other sources of revenue to support the costs associated with the Park Michigan Project. The commission may establish partnerships with the Michigan History Foundation or appropriate non-profit organizations recognized by the IRS under section 501(c)(3) of the internal revenue code, to support fundraising or fiduciary activities in support of the Park Michigan Project.

(8) Any private donations or sponsorships secured for the Park Michigan Project shall not confer any external ownership, management, or other controlling rights associated with the creation of a park on or adjacent to the capitol complex.

(9) The commission shall provide quarterly updates to Chairs of the House and Senate Appropriations committees, and legislative fiscal agencies, until the Park Michigan Project has been completed. In addition, the commission shall notify the legislature at least 5 business days before any proposed project scope or design changes to the Park Michigan Project.

(10) The unexpended funds appropriated in part 1 for Park Michigan project are designated as a work project appropriation. Unencumbered or unallocated funds must not lapse at the end of this fiscal year and must be available for expenditures under this section until the project has been completed. All of the following are in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to develop a park on or adjacent to the capitol complex to commemorate America’s semiquincentennial.

(b) The project will be accomplished by utilizing state employees, contracting with vendors, and local partners.

(c) The estimated cost of the work project is $20,000,000.00.

(d) The tentative complete date is September 30, 2028.”.

4.  Amend page 107, following line 5, by inserting:

     “Sec. 894. (1) The office of retirement services shall contract with the state’s actuary to conduct a study that provides an array of options and corresponding costs related to providing an increase in the cost-of-living adjustment in the state employees’ retirement system created under section 2 of the state employees’ retirement act, 1943 PA 240, MCL 38.2, which is currently the lesser of $300.00 or 3% of a retiree’s pension.

(2) The study must include all of the following:

(a) Options for 1-time and permanent adjustments.

(b) The number of individuals impacted.

(c) The short- and long-run costs of providing cost-of-living adjustments.

(3) The cost of the study must be paid for from work project funds established and available for the purpose of conducting actuarial studies.”.

5.  Amend page 140, following line 13, by inserting:

     “Sec. 957. For the purposes of sections 950 through 956, terms used in these sections are as defined in the Glen Steil State Revenue Sharing Act, 1971 PA 140, MCL 141.901 to 141.921.”.

6.  Amend page 142, line 2, after “$” by striking out “2,000,000.00” and inserting “1,000,000.00”.

7.  Amend page 142, line 6, after “$” by striking out “1,000,000.00” and inserting “2,000,000.00”.

8.  Amend page 142, line 16, after “$” by striking out “500,000.00” and inserting “3,000,000.00”.

9.  Amend page 142, line 21, after “$” by striking out “3,000,000.00” and inserting “2,000,000.00”.

10. Amend page 154, line 10, by striking out all of lines 10 through 24.

The Senate agreed to the substitute as amended 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. 749, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2024; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

Substitute (S-2).

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 a respectful message be sent to the House of Representatives requesting the return of the following bills:

House Bill No. 4331

House Bill No. 4332

The motion prevailed.

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 2:

House Bill Nos.     4504  4505

 

The Secretary announced that the following bills were printed and filed on Thursday, May 2, and are available on the Michigan Legislature website:

Senate Bill Nos.      856    857    858    859

 

 

Committee Reports

 

 

The Committee on Economic and Community Development reported

Senate Bill No. 536, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 3 (MCL 207.553), as amended by 2010 PA 122.

With the recommendation that the bill pass.

                                                                                       Mallory McMorrow

                                                                                       Chairperson

To Report Out:

Yeas: Senators McMorrow, Cavanagh, Polehanki, McDonald Rivet, Moss, Geiss, Victory, Lindsey and Webber

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic and Community Development reported

Senate Bill No. 537, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2011 PA 154.

With the recommendation that the bill pass.

                                                                                       Mallory McMorrow

                                                                                       Chairperson

To Report Out:

Yeas: Senators McMorrow, Cavanagh, Polehanki, McDonald Rivet, Moss, Geiss, Victory, Lindsey and Webber

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic and Community Development submitted the following:

Meeting held on Thursday, May 2, 2024, at 12:00 noon, Room 1100, Binsfeld Office Building

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

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on Thursday, May 2, 2024, at 12:00 noon, Room 1200, Binsfeld Office Building

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

 

 

Scheduled Meetings

 

 

Civil Rights, Judiciary, and Public Safety – Wednesday, May 8, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Elections and Ethics – Wednesday, May 8, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-1721

 

Regulatory Affairs – Wednesday, May 8, 11:00 a.m., Room 1100, Binsfeld Office Building (517) 373-1721

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 11:27 a.m.

 

The President pro tempore, Senator Moss, declared the Senate adjourned until Wednesday, May 8, 2024, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate