FOR IMMEDIATE RELEASE July 11, 2023 Contact: [email protected]
Gov. Whitmer Signs Bipartisan Legislation to Reduce Local Traffic Also signs bipartisan legislation to keep tribal families together, lower costs for hunters, enhance park safety, honor fallen trooper, protect survivors
LANSING, Mich. – Today, Governor Gretchen Whitmer signed SB 125 & HB 4153 (rail grade separation), SB 137 & 138 (tribal guardianship), SB 52 (deer harvest fine reduction), SB 59 (expanding peace officer definition), SB 66-73 and 236 (laws supporting survivors of abuse), and HB 4689 (Trooper Starr Memorial Highway) into law.
“These bipartisan bills will address a range of priorities important to communities across Michigan,” said Governor Whitmer. “Rail grade separation will keep drivers safe on local roads and alleviate backed up traffic at rail crossings, especially in the Downriver area. Allowing tribal family members to access essential guardian funds will ensure they have the resources they need to care for children they serve as guardians for. Reducing the penalty for failing to report a deer harvest will lower costs for hunters and ensure no one is put in jail for a simple, easily fixable mistake. And finally, offering conservation officers the same authority as other law enforcement will help them keep people facing mental health crises safe and protect our parks. I was also proud to sign legislation implementing critical reforms to support survivors of abuse and designate a portion of US-127 as Trooper Starr Memorial Highway.”
Rail Grade Separation Senate Bill 125, sponsored by Senator Darrin Camilleri (D-Brownstown Township), and House Bill 4153, sponsored by Representative Jaime Churches (D-Wyandotte), authorize the Michigan Department of Transportation (MDOT) to create a local grade separation grant program and fund. The fund can be used by local communities to build overpasses and underpasses, separating vehicle traffic from railroad traffic. This will increase road safety and decrease traffic congestion at train crossings. Delays caused by trains can slow down the flow of traffic and represent a safety hazard for cars and pedestrians. This bipartisan legislation will help communities with rail crossings grow, offering them resources to improve the flow of traffic, reduce delays, and save lives.
“I’ve been talking about Downriver’s train problem to anyone who would listen since I first took office, and it’s because I knew we could do more to solve it,” said state Senator Darrin Camilleri (D-Trenton), who first introduced his statewide grade separation program legislation in 2017. “With this historic legislation, we will have a pathway to building more bridges at the most problematic rail crossings across our state and address some of our most critical transportation, public safety, and economic development issues.”
“For decades, train delays have cost Downriver residents their lives, livelihoods, and a lot of wasted time,” said state Representative Jaime Churches (D-Wyandotte). “Our legislation will finally update our infrastructure to better meet the needs of the community. Newly constructed overpasses and underpasses at train crossings will ensure uninterrupted transport for first responders and everyday Michiganders getting to work, school, and around our communities.”
“Trenton is incredibly thankful for the work of Governor Whitmer, Senator Camilleri, and Representative Churches to secure funding towards a railroad grade separation on Fort St.,” said Mayor of Trenton, Steve Rzeppa. “This is a huge issue for our residents as both a public safety and economic development matter. This grade separation will ensure our first responders and residents have access to our area hospital without fear of lengthy train delays inhibiting lifesaving care, that businesses won’t see long traffic backups inhibiting their access and growth, and parents on their way to and from work or school with their children can get to where they need and on time. We look forward to continuing to work with all levels of government to get this project completed.”
“The grade separation grand fund for Michigan is a huge win for the residents of the state,” said Mayor of Woodhaven, Patricia Odette. “Grade separations are critical to public safety. The City of Woodhaven has experienced first-hand the impact blocked railroad crossings have to the safety of our residents. When fire and police are detoured, those lost minutes are critical to the outcome for the person waiting on the other side of the train. We appreciate Governor Whitmer, Senator Darrin Camilleri, Representative Jamie Thompson and all the legislators that made this grade separation grant fund possible.”
Tribal Guardianship Senate Bill 137, sponsored by Senator John Damoose (R-Harbor Springs), and Senate Bill 138, sponsored by Senator Jeff Irwin (D-Ann Arbor), expands eligibility for financial assistance to guardians of children whose cases originate in Tribal courts within Michigan. Previously, under the Guardianship Assistant Program (GAP), guardians were only eligible for payments if the child’s removal proceedings started in state courts. The bills also amend the state’s GAP so that legal guardians designated by out-of-state or tribal court orders would be eligible for financial assistance. Finally, the bills prescribe certain case service plan requirements and guardianship arrangements for siblings.
“Bay Mills Indian Community is extremely grateful for the amendments to the Guardianship Assistance Program legislation, as it acknowledges inherent tribal sovereignty in court processes and empowers Tribal Nations in providing guardianships,” said Whitney Gravelle, President of Bay Mills Indian Community. “With these amendments, Tribal Nations throughout the State of Michigan will be equipped to adequately and better serve our children and families and provide protection.”
“I am pleased to hear that SB 137 & 138, the bipartisan package Sen. Irwin and I sponsored, are headed for Governor Whitmer’s signature,” said state Senator John Damoose (R-Harbor Springs). This is a necessary, equitable fix that will provide critical assistance to more Michigan families. Without this assistance, many cannot afford to step into the guardianship role, causing children to be placed in foster care instead. These bills seek to right a wrong and help kids stay connected to their family and communities. The simple goal is to achieve a solution that is in the best interest of the children.”
“These bills ensure equal support for tribal families and keep more Indian children in their communities,” said state Senator Jeff Irwin (D-Ann Arbor). “Children placed with guardians by tribal courts will finally be able to get the same support other children receive in the same situation. I applaud the Governor and tribal leaders for making this a priority.”
Deer Harvest Senate Bill 52, sponsored by Senator John Cherry (D-Flint), reduces the penalty for failing to report a deer harvest or retain a deer harvest confirmation number. The new penalty is a one-time fine of $150, reduced from a possible misdemeanor resulting in up to 90 days in jail and a fine of up to $500 paying the costs of prosecution.
“As an avid hunter and former DNR employee, I understand the significance of gathering deer harvest data to make informed decisions about our deer herds’ management. Yet, it was clear to me that the penalties associated with non-reporting were disproportionate to the offense, particularly considering the absence of direct harm to the resource,” said state Senator John Cherry (D-Flint). “It’s important that Michigan continue to preserve our hunting heritage, and I’m happy that SB 52 will ensure that our hunters will not be subject to undue penalties.”
“Our grassroots membership unanimously voted to support decriminalizing failure to report a deer harvest,” said MUCC Chief Executive Officer Amy Trotter. “We need to be sure we aren’t creating unnecessary burdens for hunters, who fund conservation, and we thank the legislature and governor for getting this done before hunting season.”
Peace Officer Senate Bill 59, sponsored by Senator John Cherry (D-Flint), expands the definition of a peace officer in the mental health code to include Department of Natural Resources conservation officers. Conservation officers often interact with people in state parks who are facing mental health challenges or undergoing an episode that requires them to be temporarily detained for their own safety and the safety of other park-goers. Expanding the definition of a peace office in the mental health code authorizes conservation officers to take action when confronted with someone exhibiting warning signs or presenting a danger to themselves or others in our state parks.
“Unfortunately, people have gone to state parks or public lands to harm themselves, and under current law, conservation officers have to call in another law enforcement agency to take a subject into protective custody,” said state Senator John Cherry (D-Flint). “This common-sense solution will allow our experienced conservation officers to intervene appropriately when they believe a person may be a harm to themselves or others.”
Trooper Starr Memorial Highway House Bill 4689, sponsored by state Representative Kara Hope (D-Holt), designates a portion of US-127 in Ingham County beginning at the Cedar Street exit and continuing to the I-96 interchange as the “Trooper Starr Memorial Highway.” This designation would be in addition to the current designation of this portion as the “James M. Pelton Firefighters Memorial Highway.”
“Michigan owes a debt of gratitude to Michigan State Trooper Caleb Starr who tragically lost his life following an on-duty crash with a drunk, reckless driver in July 2020,” said state Representative Kara Hope (D-Holt). “He and his family deserve this token of our appreciation and more for Trooper Starr’s public service and sacrifice.”
Protecting Survivors The bills will keep communities safe by requiring schools to develop and distribute age-appropriate materials on sexual assault and sexual harassment, prohibiting health professionals from engaging in sexual contact under the pretext of medical treatment, requiring parental consent and an additional health professional to be present during certain exams of minors and requiring patients’ records to be updated and retained following the exams, amending the Freedom of Information Act (FOIA) to exempt anonymous reports of sexual misconduct, and updating the definition of mentally incapacitated in the Michigan Penal Code regarding sexual assault.
Senate Bill 66 aims to create environments that protect children from abuse by requiring schools to develop and distribute age-appropriate materials on sexual assault and sexual harassment for middle and high school students.
“Thank you to Governor Whitmer for signing the sexual assault prevention and education bill package today,” said state Senator Stephanie Chang (D-Detroit). “It’s been a long journey. I’ve been proud to work alongside dedicated advocates, survivors, and many colleagues on both sides of the aisle for more than five years on these important policies. I am confident that these bills will make a big impact in Michigan by starting to change the culture around sexual assault, ensuring that young people are aware of what sexual assault is and where to go for help, and so much more. We never gave up hope because we were determined to make these changes to prevent future sexual assault and protect survivors.”
Senate Bill 67 aims to keep communities safe by prohibiting health professionals from engaging in sexual contact under the pretext of medical treatment. Senate Bill 68 would update sentencing guidelines in accordance with Senate Bill 67.
“We all put our utmost trust in the medical professionals who care for us, and betrayal of that trust is unacceptable,” said state Senator Erika Geiss (D-Taylor), sponsor of Senate Bill 68. “By explicitly outlawing the sexual abuse of patients by medical professionals, and outlining strict penalties for these crimes, we can help prevent these types of assaults from happening ever again and give greater recourse to survivors if it does.”
Senate Bill 69 and 71 aim to keep Michigan children safe by requiring parental consent and an additional health professional to be present during certain exams of minors and requiring patients’ records to be updated and retained for 15 years following the exams. Senate Bills 70 and 72 would update sentencing guidelines in accordance with the bills.
“Today, we’re sending a strong message that Michigan will hold sexual predators accountable,” said state Senator Kristen McDonald Rivet (D-Bay City). I’m proud of our work to require precautionary measures protecting patients and stronger penalties for destroying evidence. We’re empowering survivors to pursue justice.”
Senate Bill 73 aims to protect and support survivors by amending FOIA to exempt records that could reveal the identity of someone that anonymously reported being a victim of sexual misconduct.
“This package of bills helps support survivors of sexual assault who choose to come forward, whether it’s protecting their anonymity from FOIA or requiring that medical records be kept regarding sensitive procedures,” said state Senator Sue Shink (D-Northfield Twp). “I appreciate the work of the survivors and our advocates who have helped drive this tremendously important and necessary change, and I am glad to see that this work has both the bipartisan and universal support to do what needs to be done for survivors of sexual assault in their healing journey.”
Senate Bill 236 would update the definition of mentally incapacitated in the Michigan Penal Code regarding sexual assault to include any time a person is incapable of controlling their conduct due to the influence of a substance regardless of if the substance was administered with or without their consent.
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Bipartisan Legislation to Reduce Local Traffic
