No. 97

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2021

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, December 8, 2021.

 

10:00 a.m.

 

 

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

 

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

 

 

Alexander—present                             Horn—present                                 Polehanki—present

Ananich—present                                Huizenga—present                           Runestad—present

Barrett—present                                  Irwin—present                                 Santana—present

Bayer—present                                    Johnson—present                             Schmidt—present

Bizon—present                                    LaSata—present                              Shirkey—present

Brinks—present                                   Lauwers—excused                           Stamas—present

Bullock—present                                 MacDonald—excused                      Theis—present

Bumstead—present                              McBroom—present                          VanderWall—present

Chang—present                                   McCann—present                            Victory—present

Daley—present                                    McMorrow—present                        Wojno—present

Geiss—present                                    Moss—present                                 Wozniak—present

Hertel—present                                   Nesbitt—present                              Zorn—present

Hollier—present                                  Outman—present                            


 

Senator Roger Victory of the 30th District offered the following invocation:

Lord, we come to You this morning knowing You are in control of all. Your hand of guidance is on each of us. A few days past, many of us were blessed to gather with our families and friends in a day of thanksgiving and gratitude for the bountiful harvest which filled the barns and bins with the produce of Your earth. For this, we thank You, Lord.

Since this time, we have suffered loss in our communities and families. Many of us have lost a loved one that we may have gathered to celebrate Thanksgiving with. Lord, we ask Your presence to be known to those who are suffering this loss in their lives on this day.

Lord, we thank You for those who serve our communities, our state, our nation, and guide them according to Your will. We ask Your guidance upon this chamber as we do the work of the people. May this work be done not for our individual glory but for the glory of You, our Lord. This we ask in Your name. Amen.

 

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

 

 

Motions and Communications

 

 

Senator LaSata moved that Senators Lauwers and MacDonald be excused from today’s session.

The motion prevailed.

 

Senator Chang moved that Senators Ananich and Geiss be temporarily excused from today’s session.

The motion prevailed.

 

 

The following communications were received and read:

Office of the Senate Majority Leader

December 8, 2021

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-1) to Senate Bill 85, I appoint the following members to sit on the conference committee:

Senator Jim Stamas, Chair

Senator Ken Horn

Senator Curtis Hertel

If you have any questions regarding this matter, please do not hesitate to contact me.

 

December 8, 2021

Pursuant to Joint Rule 3, the Senate submits the following changes to the conference committee on HB 4398: Senator Stamas to be Chair, and Senator Hertel to replace Senator Irwin.

If you have any questions regarding this matter, please do not hesitate to contact me.

                                                                                       Sincerely,

                                                                                       Mike Shirkey

                                                                                       Majority Leader

                                                                                       State Senate, 16th District

The communications were referred to the Secretary for record.

 

 

Messages from the Governor

 

 

The following message from the Governor was received:

Date: December 7, 2021

Time: 8:13 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 25 (Public Act No. 120), being

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

(Filed with the Secretary of State on December 7, 2021, at 2:46 p.m.)

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

 

 

Senator Geiss entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Ananich entered the Senate Chamber.

 

 

Senators Ananich, Hollier, Chang and Bullock introduced

Senate Bill No. 779, entitled

A bill to repeal 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541
to 141.1575).

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

 

 

Senators Ananich, Hollier, Polehanki, Bullock, Chang and Wojno introduced

Senate Bill No. 780, entitled

A bill to require a fiscal review system to identify local governments that are exhibiting fiscal or operational stress; to identify local governments in a potential fiscal emergency; to provide for the powers and duties of certain state and local governmental officers and entities; to create community engagement advisory committees and prescribe their powers and duties; and to create a fund to provide technical assistance to certain local governments.

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

 

 

Senators Brinks, Hollier, Polehanki, Wojno, McCann, Moss, Bayer, Santana, Hertel, Bullock and
Geiss introduced

Senate Bill No. 781, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81g.

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

 

 

Senators Brinks, Hollier, Polehanki, Wojno, McCann, Moss, Bayer, Santana, Hertel, Bullock and
Geiss introduced

Senate Bill No. 782, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

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

 

 

Senators Bumstead, Daley, McBroom, Hollier, Wozniak, Moss, Outman, Bayer, Zorn, Johnson, VanderWall and Schmidt introduced

Senate Bill No. 783, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 516, 520, and 522 (MCL 206.516, 206.520, and 206.522), section 516 as amended by 2016 PA 212 and sections 520 and 522 as amended by 2015 PA 179, and by adding sections 505 and 521.

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

Senators Bumstead, Daley, McBroom, Hollier, Wozniak, Moss, Outman, Bayer, Zorn, Johnson, VanderWall and Schmidt introduced

Senate Bill No. 784, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

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

 

 

House Bill No. 4232, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 707 (MCL 436.1707), as amended by 2008 PA 11.

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 Regulatory Reform.

 

 

House Bill No. 4959, entitled

A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending section 9 of article V (MCL 479.9), as amended by 2014 PA 493, and by adding section 9a of article V.

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 Transportation
and Infrastructure.

 

 

House Bill No. 4960, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252d and 252e (MCL 257.252d and 257.252e), section 252d as amended by 2012 PA 498 and section 252e as amended by 2008 PA 539.

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 Transportation
and Infrastructure.

 

 

House Bill No. 5295, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 904 (MCL 450.4904), as amended by 2013 PA 131.

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 Economic and Small Business Development.

 

 

House Bill No. 5296, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 284 (MCL 450.1284), as amended by 2013 PA 132.

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 Economic and Small Business Development.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator LaSata moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Daley
as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4861, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 53 (MCL 257.1853), as amended by 2010 PA 93.

Senate Bill No. 753, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2021 PA 48, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2021 PA 86.

 

 

Senate Bill No. 755, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5447, entitled

A bill to amend 1929 PA 269, entitled “An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems; to provide penalties for the violation thereof; and to repeal Act No. 255 of the Public Acts of 1909,” by amending section 1 (MCL 430.51).

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:

House Bill No. 4787, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2020 PA 304.

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. 465, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending section 10o (MCL 247.660o), as amended by 2000 PA 188.

Substitute (S-4).

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. 466, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2020 PA 222.

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:

House Bill No. 5448, entitled

A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 171 (MCL 450.171), as amended by 2006 PA 420.

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 proceeded to the order of

Resolutions

 

 

Senators Stamas and Irwin offered the following resolution:

Senate Resolution No. 99.

A resolution to designate December 2021 as Kalitta Charters Appreciation Month.

Whereas, Since January 1, 2007, Kalitta Charters’ flight crews have been exclusively tasked with one of the most challenging but critical aviation missions in the country, one that comes with an immense emotional toll, the dignified transfer home of America’s fallen heroes, without fail; and

Whereas, After two decades of perpetual war, Kalitta Charters, a family-owned charter and aviation services company located at Willow Run Airport in Ypsilanti, Michigan, has flown over 2,600 missions to bring our fallen sons and daughters home; and

Whereas, Through the dedication of Kalitta Charters’ pilots, staff, and maintenance teams, four Falcon 20 jets were modified to begin the “Dignified Transfer Missions”; and

Whereas, The maintenance members of Kalitta Charters helped design the first system to load and unload American fallen heroes in a way that was dignified to them and the sacrifice they made for our country; and

Whereas, The number one objective of Kalitta Charters’ pilots is to return American fallen heroes home to their families and friends as quickly and as dignified as possible; and

Whereas, Additionally, Kalitta Charters’ pilots and aircraft serve as backup for any commercial flight carrying American fallen heroes, ensuring our nation’s bravest get to their family and friends with few interruptions; and

Whereas, Kalitta Charters’ pilots work and operate these missions with heavy hearts and somber demeanors; and

Whereas, Kalitta Charters’ patriotism, hard work, and dedication to things bigger than themselves have set them apart from other companies in Michigan; and

Whereas, We thank Kalitta Charters for its service to the United States Armed Forces and those men and women who made the ultimate sacrifice to protect this country; now, therefore, be it

Resolved by the Senate, That the members of this legislative body designate December 2021 as Kalitta Charters Appreciation Month; and be it further

Resolved, That we offer this expression of our tribute to honor Kalitta Charters; and be it further

Resolved, That copies of this resolution be transmitted to Kalitta Charters as evidence of our
highest esteem.

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

Senator LaSata moved that the rule be suspended.

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

The resolution was adopted.

Senator Wojno was named co-sponsor of the resolution.

 

 

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

The motion prevailed.

Senator Stamas’ statement is as follows:

Today I’d like to speak to Senate Resolution No. 99, a resolution to recognize Kalitta Air as a company that has made a true difference to our fallen soldiers. Kalitta Charters is a company based in Michigan, its operating center is based out of Willow Run airport in Ypsilanti where it maintains a facility, and Sue’s and my district in Oscoda. Today I am joined by my colleague Senator Irwin, and with Representative Peterson and Representative Allor.

As a veteran myself I’d like to commend Kalitta Charters for the honorable work they have done over the last 14 years for our country. Kalitta Charters has been transporting our fallen soldiers—our American heroes—since January 1, 2007. They have flown over 2,600 missions. They have had zero fails of all missions during this time. I would also like to commend the ingenuity and respect Kalitta Air and their personnel have done. They have designed the first system to load and unload American fallen heroes in a way that is dignified to them and the sacrifice that they have made to our country.

We wish to recognize Kalitta Air and thank them for their continued service, patriotism, hard work, and dignity they bring, and have brought, to these missions over the last 14 years.

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

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

House Bill No. 5072

The motion prevailed.

The following bill was read a third time:

House Bill No. 5072, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748f (MCL 333.17748f), as added by 2020 PA 142.

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. 464                                           Yeas—36

 

 

Alexander                          Daley                       McBroom                              Schmidt

Ananich                            Geiss                       McCann                                 Shirkey

Barrett                               Hertel                      McMorrow                             Stamas

Bayer                                Hollier                     Moss                                     Theis

Bizon                                Horn                        Nesbitt                                   VanderWall

Brinks                               Huizenga                 Outman                                  Victory

Bullock                             Irwin                       Polehanki                               Wojno

Bumstead                          Johnson                   Runestad                                Wozniak

Chang                                LaSata                     Santana                                  Zorn

 

 

                                                                      Nays—0

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

 

 

                                                                 Not Voting—0

 

 

In The Chair:  President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 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.

The following bill was read a third time:

House Bill No. 4780, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 3c (MCL 445.573c), as amended by 1996 PA 384.

The question being on the passage of the bill,

The bill was passed, 3/4 of the members serving voting therefor, as follows:

 

 

Roll Call No. 465                                           Yeas—34

 

 

Alexander                          Geiss                       McCann                                 Schmidt

Ananich                            Hertel                      McMorrow                             Shirkey

Barrett                               Hollier                     Moss                                     Stamas

Bizon                                Horn                        Nesbitt                                   Theis

Brinks                               Huizenga                 Outman                                  VanderWall

Bullock                             Irwin                       Polehanki                               Victory

Bumstead                          Johnson                   Runestad                                Wozniak

Chang                                LaSata                     Santana                                  Zorn

Daley                                McBroom                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

 

 

                                                                 Not Voting—2

 

 

Bayer                                Wojno                                                                  

 

 

In The Chair:  President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator LaSata moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

The bill was passed, 3/4 of the members serving voting therefor, as follows:

 

 

Roll Call No. 466                                           Yeas—36

 

 

Alexander                          Daley                       McBroom                              Schmidt

Ananich                            Geiss                       McCann                                 Shirkey

Barrett                               Hertel                      McMorrow                             Stamas

Bayer                                Hollier                     Moss                                     Theis

Bizon                                Horn                        Nesbitt                                   VanderWall

Brinks                               Huizenga                 Outman                                  Victory

Bullock                             Irwin                       Polehanki                               Wojno

Bumstead                          Johnson                   Runestad                                Wozniak

Chang                                LaSata                     Santana                                  Zorn

 

 

                                                                      Nays—0

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

 

 

                                                                 Not Voting—0

 

 

In The Chair:  President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4781, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” (MCL 445.571 to 445.576) by adding section 4c.

The question being on the passage of the bill,

The bill was passed, 3/4 of the members serving voting therefor, as follows:

 

 

Roll Call No. 467                                           Yeas—35

 

 

Alexander                          Geiss                       McCann                                 Shirkey

Ananich                            Hertel                      McMorrow                             Stamas

Bayer                                Hollier                     Moss                                     Theis

Bizon                                Horn                        Nesbitt                                   VanderWall

Brinks                               Huizenga                 Outman                                  Victory

Bullock                             Irwin                       Polehanki                               Wojno

Bumstead                          Johnson                   Runestad                                Wozniak

Chang                                LaSata                     Santana                                  Zorn

Daley                                McBroom                Schmidt                                

 

 

                                                                      Nays—1

 

 

Barrett                                                                                                            

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

                                                                 Not Voting—0

 

 

In The Chair:  President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4782, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2019 PA 49.

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. 468                                           Yeas—36

 

 

Alexander                          Daley                       McBroom                              Schmidt

Ananich                            Geiss                       McCann                                 Shirkey

Barrett                               Hertel                      McMorrow                             Stamas

Bayer                                Hollier                     Moss                                     Theis

Bizon                                Horn                        Nesbitt                                   VanderWall

Brinks                               Huizenga                 Outman                                  Victory

Bullock                             Irwin                       Polehanki                               Wojno

Bumstead                          Johnson                   Runestad                                Wozniak

Chang                                LaSata                     Santana                                  Zorn

 

 

                                                                      Nays—0

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

 

 

                                                                 Not Voting—0

 

 

In The Chair:  President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4783, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 4 (MCL 445.574), as amended by 1998 PA 473.

The question being on the passage of the bill,

The bill was passed, 3/4 of the members serving voting therefor, as follows:

 

 

Roll Call No. 469                                           Yeas—34

 

 

Alexander                          Geiss                       McCann                                 Shirkey

Ananich                            Hertel                      McMorrow                             Stamas

Bayer                                Hollier                     Moss                                     Theis

Bizon                                Horn                        Nesbitt                                   VanderWall

Brinks                               Huizenga                 Outman                                  Victory

Bullock                             Irwin                       Polehanki                               Wojno

Bumstead                          Johnson                   Santana                                  Wozniak

Chang                                LaSata                     Schmidt                                 Zorn

Daley                                McBroom                                                             

 

 

                                                                      Nays—2

 

 

Barrett                               Runestad                                                              

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

 

 

                                                                 Not Voting—0

 

 

In The Chair:  President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 244, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1910 (MCL 600.1910), as amended by 1994 PA 403.

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. 470                                           Yeas—36

 

 

Alexander                          Daley                       McBroom                              Schmidt

Ananich                            Geiss                       McCann                                 Shirkey

Barrett                               Hertel                      McMorrow                             Stamas

Bayer                                Hollier                     Moss                                     Theis

Bizon                                Horn                        Nesbitt                                   VanderWall

Brinks                               Huizenga                 Outman                                  Victory

Bullock                             Irwin                       Polehanki                               Wojno

Bumstead                          Johnson                   Runestad                                Wozniak

Chang                                LaSata                     Santana                                  Zorn

 

 

                                                                      Nays—0

 

 

                                                                   Excused—2

 

 

Lauwers                            MacDonald                                                           

 

 

                                                                 Not Voting—0

 

 

In The Chair:  President

 

 

The Senate agreed to the title of the bill.

 

 

Senator LaSata moved that the following bill be given immediate effect:

House Bill No. 4780

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

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 7:

House Bill Nos.     4232   4959   4960   5295 5296

 

The Secretary announced that the following bills were printed and filed on Tuesday, December 7, and are available on the Michigan Legislature website:

Senate Bill Nos.      772    773    774    775    776    777    778

House Bill Nos.     5605   5606   5607   5608  5609   5610   5611   5612  5613

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Oversight submitted the following:

Meeting held on Tuesday, December 7, 2021, at 2:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators McBroom (C), Theis, Bizon, Wozniak, Irwin and Chang

Scheduled Meetings

 

 

Economic and Small Business Development – Thursday, December 9, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

 

Senator LaSata moved that the Senate adjourn.

The motion prevailed, the time being 10:54 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, December 9, 2021, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate