STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Thursday, March 17, 2022.
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—present Stamas—present
Bullock—present MacDonald—present 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 Kevin Daley of the 31st District offered the following invocation:
May the strength of God pilot us. May the power of God preserve us. May the wisdom of God entrust us. May the hand of God protect us. May the way of God direct us. May the shield of God defend us. May the host of God guard us against the snares of the evil ones, against the temptations of the world.
May Christ be with us. May Christ be before us. May Christ be in us, Christ be over all.
May Thy salvation, Lord, always be ours, this day, O Lord, and forevermore. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senators Nesbitt and Stamas be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Wozniak 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:
Senate Bill No. 875, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 612a.
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2019 PA 31.
The bills were placed on the order of Third Reading of Bills.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Lauwers moved that the Senate proceed to consideration of the following resolution:
Senate Resolution No. 118
The motion prevailed.
A resolution to recognize March 17, 2022, as Saint Patrick’s Day.
(This resolution was offered on Wednesday, March 16 and consideration postponed. See Senate Journal No. 27, p. 355.)
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed.
Senator Daley’s statement is as follows:
First off, we’d like to wish everyone a very happy St. Patrick’s Day. If you noticed, out in the entrance way we have—usually every year I pass out a green pin similar to this; well the supply chain issues this year caused us to not be able to get those pins so we went second-best, went over to Michigan State University and got some great cupcakes from the bakery there and they’re sitting in the entrance way for folks to enjoy today.
I rise today also along with my colleague, Senator McCann, regarding the resolution. I’m going to let him say hello, but it’s a St. Patrick’s Day resolution and we’d appreciate your support.
Senator McCann’s statement is as follows:
Senator Daley and I are happy to head up the bipartisan, bicameral Irish American caucus for the Michigan Legislature and we invite you all to join us. I heard Senator McMorrow—excuse me, through the Chair—was claiming to be the most Irish member of the body. I think we’ll have to have a little contest on that. There’s a lot of McBrooms and McCanns and Schmidts in the house but we’ll see. We invite you all to join the caucus and—McSchmidt—and have a wonderful St. Patrick’s Day.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 742
House Bill No. 4127
House Bill No. 4128
Senate Bill No. 279
Senate Bill No. 758
House Bill No. 4074
House Bill No. 5701
House Bill No. 4880
Senate Bill No. 795
Senate Bill No. 796
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 742, 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 sections 4d and 4e.
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. 87 Yeas—38
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Horn Moss Theis
Bizon Huizenga Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Wozniak
Chang Lauwers Santana Zorn
Daley MacDonald
Nays—0
Excused—0
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. 4127, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 510 (MCL 168.510).
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. 88 Yeas—22
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Huizenga Nesbitt
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4128, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509bb (MCL 168.509bb), as added by 1994 PA 441.
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. 89 Yeas—22
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Huizenga Nesbitt
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 279, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 730 and 764d (MCL 168.730 and 168.764d), section 730 as amended by 1995 PA 261 and section 764d as added by 2020 PA 95.
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. 90 Yeas—22
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Huizenga Nesbitt
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 758, 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.
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. 91 Yeas—22
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Huizenga Nesbitt
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
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. 4074, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1166b.
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. 92 Yeas—21
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn Nesbitt Stamas Zorn
Huizenga
Nays—17
Alexander Chang Irwin Moss
Ananich Geiss McBroom Polehanki
Bayer Hertel McCann Santana
Brinks Hollier McMorrow Wojno
Bullock
Excused—0
Not Voting—0
In The Chair: President
Senator Lauwers moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
Protests
Senators Polehanki, Geiss, McMorrow, Moss, Bayer, Hollier and Brinks, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4074.
Senator Polehanki moved that the statement she made during the discussion of the bill be printed as her reason for voting “no.”
The motion prevailed.
The sponsor of this bill seeks to include instruction in entrepreneurship into the high school social studies curriculum. This in and of itself is not bad idea, but what the bill’s sponsor fails to mention is that entrepreneurship is already included in the Michigan K-12 standards in economics under section 1.1.2 entitled, “Entrepreneurship.” In addition, there are 14 pages of content expectations on entrepreneurship already included in the business management administration career cluster of the CTE standards. So Mr. President, the bill is redundant. It’s also overly prescriptive. Michigan teachers must teach to the state standards but these standards don’t prescribe how teachers must teach the material. Nevertheless, the bill’s sponsor has written, and I quote, “a program of instruction under this section must be project-based.” Must be project-based, this isn’t how it works. This isn’t how any of this works. The Legislature should not be dictating how lessons are taught, that should be left to our local educators.
Finally, in testimony the bill’s sponsor put forth a unit that he paid to have created to be viewed as a model unit for his bill. However, the unit is for middle school students, not high school students and it does not align in any way with the essential focus of the social studies standards in middle school years which in grade 6 is world geography; grade 7, early ancient civilization; and grade 8, U.S. history. You see, we have standards that guide instruction for a reason. We don’t just create units then fit them in somewhere. So because this bill is redundant, overly prescriptive, and misguided, I’ll vote “no” today and I ask that my colleagues do the same.
The following bill was read a third time:
House Bill No. 5701, entitled
A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of this state by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, certain public or private school buildings or additions to those buildings and by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, buildings leased or acquired for school purposes; to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1d (MCL 388.851d), as added by 2020 PA 45.
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. 93 Yeas—38
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Horn Moss Theis
Bizon Huizenga Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Wozniak
Chang Lauwers Santana Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Senator Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4880, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.
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. 94 Yeas—38
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Horn Moss Theis
Bizon Huizenga Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Wozniak
Chang Lauwers Santana Zorn
Daley MacDonald
Nays—0
Excused—0
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 require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 795, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by adding section 207.
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. 95 Yeas—37
Alexander Geiss MacDonald Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Huizenga Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Wozniak
Chang Lauwers Runestad Zorn
Daley
Nays—1
Theis
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 796, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by adding section 206a.
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. 96 Yeas—32
Alexander Daley Lauwers Shirkey
Ananich Geiss MacDonald Stamas
Barrett Hertel McBroom Theis
Bizon Hollier McCann VanderWall
Brinks Horn Nesbitt Victory
Bullock Huizenga Outman Wojno
Bumstead Johnson Runestad Wozniak
Chang LaSata Schmidt Zorn
Nays—6
Bayer McMorrow Polehanki Santana
Irwin Moss
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The President pro tempore, Senator Nesbitt, assumed the Chair.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Polehanki’s statement is as follows:
Today I introduced a bill that eliminates annual year-end teacher evaluations for the current school year, so that’s the ’21-’22 school year. You might not know this, but this school year the state, which is us, has mandated that 40 percent of teachers’ annual year-end evaluation is based on student growth. So the students growth from fall of ’21 to spring of ’22. Now last year this percentage was 25 percent of the teachers’ annual year-end evaluation was student growth. This year it’s 40 percent.
So in a non-pandemic year, an evaluation that is weighted so heavily on student growth is daunting for teachers; but in a pandemic year, it is really unfair and I am going to tell you why. Here’s one reason, in‑person learning—which we all have figured out is superior to virtual learning and is essential to achieve student academic growth—in-person learning was paused for periods of time that varied across school districts due to the pandemic. Second reason, outside factors related to the pandemic and student mental health no doubt affected the extent to which these kids could grow academically. Third reason, for some teachers, evaluations must be based on a blend of past years’ standardized test scores—so the past three years, say. With students opting out of testing and all the disruptions caused by the pandemic, these teachers, who have to use this three-year blend, cannot even calculate student growth with any accuracy.
Fourth reason, not only do the MDE-approved benchmark testing companies recommend that their products not be used to evaluate teachers, but many students who took these benchmark tests did it at home this school year, which, due to the variety of testing environments in a kid’s home, makes testing reliability nearly impossible to achieve. Fifth reason, due to the teacher shortage and some teachers having to quarantine, many students didn’t experience continuity of instruction with their assigned teacher or teachers, which likely had effects on student growth. And finally, Michigan’s laws require that teachers’ layoff and recall decisions be based on effectiveness, which is their annual year-end teacher rating. To choose which teachers to lay off or recall, based in large measure on student growth during the pandemic then, is unfair.
For these reasons, I hope that my colleagues will co-sponsor this bill. And I ask that it be granted a committee hearing very soon.
The Assistant
President pro tempore, Senator Theis, assumed the Chair.
Senator Moss’ statement is as follows:
We are closing out Sunshine Week here in the state of Michigan and across the country, a week devoted to pushing forward proposals and policies that shine a light on the inner workings of our government. A few years ago, the Center for Public Integrity said, however, our light here in Michigan is the dimmest. We ranked dead last in their state-by-state study on government ethics, accountability, and transparency. Their report measured 13 functions of government and we failed 10 of those categories, including public access to information, lobbying disclosure, ethics enforcement agencies, executive accountability, and legislative accountability. So it’s no wonder that people in this building who know about these vulnerabilities are so easily able to exploit these vulnerabilities.
This failing grade is due in part to the fact that we are one of two states in the country—only two states in the country—that prevent people from accessing the records of both the State Legislature and the Governor’s office by preventing them from using the Freedom of Information Act. Forty-eight other states have managed to make transparency work. It has not disrupted the core functions of government there, and it would not disrupt the core functions of government here if we passed the Legislative Open Records Act that the Senator from the Upper Peninsula and I drafted more than seven years ago when we served in the Michigan House of Representatives.
Now that we serve here, we have built a coalition and managed to bring our legislation to the Senate floor for consideration by this body for the very first time in our long effort. We cannot be complacent with inaction any longer. How many more legislative scandals must we all endure when the information that should be accessible to the public is only exposed during a criminal investigation? How many others wouldn’t have happened because the tools and resources would have been there to expose the bad behavior on the front end? How many behaviors here would change because they’d always be subjected to public scrutiny?
It is time. It’s time to restore trust in our institutions. Let’s pass our bills to create the Legislative Open Records Act and subject the executive to the Freedom of Information Act.
Senator McBroom’s statement is as follows:
I also rise today along with the previous speaker to celebrate Sunshine Week and what value a continued attention to government transparency and accountability can mean to the citizens. We are a government of, for, and by the people. We have the privilege to serve the people and they have an expectation from us, but in order for all of this to work—in order for a republic to work—trust is necessary between the people and those they elect. The opportunity I’ve had over the last seven years to work with the previous speaker and many other legislators on government transparency and on reforms is inspired by the determination we have to provide the public with as much reason and as much assurance as we can that they can continue to trust their institutions of government to have their best interests in mind and that we don’t have things to cover up.
We all know as legislators that there are things that are difficult to understand about how the job works that we deal with when we have personal meetings with folks and we try to explain a nuance of the Constitution or a nuance of the process and of the voting and what we do with issues, but there are big picture things that we can be much, much more publicly transparent on that other republican governments—whether federal or states—have figured out how to do, such as being clear about who visits our offices, what our calendars are like, doing other ethics reforms. I’m so glad to see so many other colleagues of ours working on these issues at this point in time. We must recognize that while—and we have to inform our public that, sure, there are still going to be bad actors, there are still going to be people who find new ways. We’ll set up new boundaries, they’ll find new ways around them.
But we also should have this very strong recognition at this moment in time based on other things that have happened, not just in our state but in other places, the danger of power and the power that power has to corrupt. Those temptations without strong boundaries, without strong reasons to not cross over, only grow. They’re only more and more tempting to someone as the incentives to cut corners grow. It’s up to us to consistently be putting up new boundaries, whether those boundaries are in public law regarding how banks are robbed and shouldn’t be or how people need to be protected on the roads or how we protect this institution from the problems that come from the fact that it’s filled with fallible, fallen people.
I echo the previous speaker and our request that our colleagues continue to be focused on this and that they seriously consider the opportunity that we’ve presented with the Legislative Open Records Act, the Freedom of Information Act, and other reforms that myself and numerous other colleagues on both sides of the aisle and both chambers are now working on.
Senator Runestad’s statement is as follows:
A recent poll out by Quinnipiac University asked Americans, What would you do if you were in the same position as Ukrainians are now, stay and fight or leave the country? Quinnipiac has long been relied upon in polling in the United States and is one of the most cited polling outfits in the media. Only 55 percent said they would stay and fight for this country. That included only 40 percent of Democrats. When asked this question, 68 percent of Republicans and 57 percent of independents say that they would stay and fight. However more than half of the Democrats said they would flee the country before fighting for this country Eight percent didn’t even have an answer.
The poll got me thinking about my father-in-law Paul Huot. Paul was raised up in Calumet. His father and uncles all worked in the mines. It was extremely dirty, difficult, debilitating work. Paul’s parents were Democrats; Paul also became a Democrat. Paul left home at 15 to avoid working in the mines. He came to southeastern Michigan and worked various jobs until World War II broke out. He then joined the Navy and served in just about every major engagement in the Pacific, usually operating landing craft carrying soldiers into the very worst invasion zones. Paul was a Democrat mainly because he was a union man. However, in talking with him he was very independent and very patriotic, as most Democrats were in those days. I remember toward the end of his life he was caring for his wife who was dying of cancer. I told him, Paul, you qualify for veterans benefits, they will help you. He responded, I will not take welfare. Imagine a man whose very life was put on the line day after day, year after year, yet he would not even accept the benefits he had so heroically earned because Paul felt he didn’t do enough.
Now contrast that with this finding that less than half—only about 40 percent—of Democrats would even fight for this country if this country itself was invaded. That agnosticism did not occur overnight. There have been unrelenting attacks in this country on our traditions, institutions, and core values by the woke culture warriors for years and they’ve certainly done an excellent job. It appears that this country is beginning to face an existential crisis where more and more Americans are being persuaded that this country is not worth fighting for, but in fact worth destroying. A recent bill debated in our Senate Education and Career Readiness Committee prohibits the teaching to our children that the United States is a fundamentally racist country and that the Declaration of Independence or the United States Constitution are fundamentally racist documents. The Democrats in the committee could not even agree to this bill language, that only one generation ago would have garnered overwhelming support from parents and students and teachers alike. This is the kind of precepts and allegiance that men like Paul Huot were willing to pledge and lay down their lives to protect.
If our generations are not willing to defend this country, then the whole matter of citizenship becomes moot. Citizenship becomes nothing more than a status of convenience, an opportunistic association, something that can easily be shed with no strings attached like you would a discarded garment.
When I discuss what’s happening today with people of my generation or older, the most common refrain I hear from Republicans, Democrats, and independents alike is, Oh thank God I’m not young. I hear it all the time, I’m not going to have to face this. What an indictment of us. What an indictment of the legacy we are leaving to our future generations.
Senator Nesbitt’s statement is as follows:
Madam President, I probably don’t have the tidiest desk in my office and my wife can probably confirm that I don’t have the tidiest desk at home, but I’m especially concerned about the condition of our Governor’s desk because either she’s misplaced the $2.5 billion tax cut we sent her or she’s ignoring it altogether.
It’s been ten days since we sent Governor Whitmer a bipartisan bill to cut taxes for every Michigan taxpayer—every family, every senior, every worker. Gas certainly hasn’t gotten cheaper in the last ten days. Grocery prices haven’t gone down. Michiganders are still hurting from this inflation and the economic condition we’re in. Where is the Governor?
Now, we know the Governor’s pen works. She’s used it to veto 99 bipartisan bills we’ve sent her over the last few years, and she’s used it to write a letter to Speaker Pelosi asking her to suspend the federal gas tax even though she doesn’t want to do the same here in Michigan. Because why spend your money when you can spend someone else’s money?
Madam President, how many families in Michigan could use another $1,200 in their pocket right now? How many seniors could use a lower tax bill this year? Think how it must look to them. State government has an $8 billion surplus, yet on this St. Patrick’s Day their Governor is sitting on a pot of gold she collected from them and insisting she can’t afford to help return some of that to them.
Madam President, I urge our Governor to find the bill on her desk and use her pen to give Michiganders the tax relief they don’t just deserve, but they need.
Senator Horn’s statement is as follows:
Madam
President, on my ride in today I was listening to my podcast—Daily Audio
Bible—and we’re in Numbers, and this is the miracle where people went to Moses
and they were saying to him, complaining that he had pulled them out of Egypt
and brought them to the desert where there’s no water and no arable soil. He
brought the people to their death. He talked to God and God gave him the
opportunity to drop his staff on a rock and draw water out of it and show the
people that God was in charge. So, he did this, the people drank their share,
the cattle drank their share, and in that moment Moses and Aaron were excluded
from being able to cross over into the Promised Land because they took credit
for drawing the water out of the rock.
Now, I’m not here to provide Bible lessons to my colleagues in the Senate—I’m no expert in the Bible, I’m just learning it myself—but we’re coming into a season, election season, where we often begin to take credit for things that we only just take part in. None of us can do this alone. This is still a noble institution, this Senate, this Legislature. The job we’re doing on behalf of the people. We have a tendency, and I’ve experienced this myself and I’ve sent out newsletters, I’ve done this and I’ve done that; the Governor, we’ve seen her do this in press conferences; we’ve all done this. I’m not spreading blame on anybody. It’s just an opportunity for us to reflect, and this was for me to flesh out the lesson I learned this morning into my daily life, and to say I need my colleagues on both sides of the aisle. We need to be working together. When I think about this and how we work together and what Michigan needs, I was asking the question a lot, Madam President, just yesterday and over the course of the last couple of weeks, if we had a common goal in Michigan of adding one million people to our population, the same million people we lost between 2005 and 2015, to fill all the jobs we need—all the nursing jobs, all the teaching jobs, all the police officers jobs, all the machine operators, all the engineers, all the researchers and scientists, all the jobs unfilled right now—we couldn’t do it with the people we have. It’s not enough just to retain our population, we have to grow.
I ask my colleagues and stakeholders who are standing on the tiles and constituents alike, if we have this common goal of adding one million people to our population and I ask you very specifically in your role, in your expertise which is different than mine, what would you do? Where would you start? You can’t do it alone; I can’t do it alone. We can only do it together. I hope we can change the tone of the conversation where we quit pointing fingers of blame, of politics, of all these other things and that we can actually share goals and that we can strive toward that.
With that, Madam Chair, I hope that in all of our respective committees that the growth of Michigan and what’s best for our people will always be in the back of our mind and that we’re always proud to be here in this noble institution, and that you and I and our colleagues can get some real work done on behalf of our people.
Senator Hollier’s statement is as follows:
I hadn’t planned on speaking today but I couldn’t sit at my chair and let the comments of a previous speaker go unanswered. When my grandfather tried to enlist in the Army, they accepted him. When he said he wanted to serve, he qualified to be a pilot and began training, and when they realized he was Black and not white, they discharged him. So, as you talk about racism, please don’t lecture me. Please don’t lecture my constituents. Please don’t lecture people about racism if you’ve never had to deal with it.
That’s my reality. It’s the reality I live with every day. When I enlisted in the Army, I did so proud of my country. I did so to defend my country. I did so knowing that one day I may be called to serve, as many of my colleagues have. As we talk about Democrat or Republican or time and space, think about what we will do when we have an opportunity to stand. Are we talkers, are we doers, or are we servants? When I had the opportunity as every member of this chamber has to raise my right hand and swear allegiance to this country to serve, I did because I believe fundamentally that there are places we have a responsibility to go and things we have a responsibility to do. Don’t lecture us about what that is or what that isn’t if you haven’t done the same.
When you say, 50 percent of people said they would or wouldn’t, the U.S. military is made up by less than 1 percent of our population. Less than 1 percent stand up to serve. As we talk about the greatest threats we have, our Capitol, our nation, has been invaded on only a small number of opportunities. Last year, two years ago, as we talk about January 6, as we talk about these moments, that was a time when we could have stepped up, when we could say something, when we sent as a state more people to respond to January 6 than any other state because Michiganders step up to defend this country. In the Civil War, who sent more troops? Nobody sent more troops than Michigan because when our country is under threat, Michiganders step up whether they be Republican or Democrat or independent, people from this state care about our country.
We should remember that because the threat to this nation is not just coming from Russia, it is here, and the only stand we can take, the only thing we can do to push back, is to consistently stand with our nation, with our country, every opportunity we get—not with Russia. What we remember is that President Zelenskyy was asking us to stand with him, not just after he was invaded but before, as the previous President was talking about military intervention and election fraud and all those kinds of things, it’s important to remember who stood then and who is still standing today, who are talking about these issues. It’s easy to wave the flag today.
The question is what are you
willing to do and which side do you stand on because the lines have been
abundantly clear, and this Democrat is proud that I raised my hand, that I
serve every opportunity I get—as a matter of fact, just having had my reserve
weekend this past weekend. As we think about who are out here serving on the
front lines, it’s us. As a proud Native American person, Native Americans serve
in the highest space per capita. Black people serve higher than our population
because we care about this country and because we know we have an obligation to
go places, to show up, and to be there, not to talk about it, but to do it.
Senator Ananich’s statement is as follows:
Madam President, it’s time to live again. It is time to live again. It was two years ago today, St. Patrick’s Day, that a group of us gathered in my office after session for a bipartisan drink or two, and a bipartisan laugh or two. Little did we know that the entire world would change for the next two years—and I want to reflect on that.
On St. Patrick’s Day 2020, none of us thought this would last two years, not even the most pessimistic of us. We thought it might be two weeks, or maybe two months, but here we are, beaten up a little but not beaten down, and I think stronger for the experience. In the past two years there were times that we struggled mightily and there were times that it seems like we had this thing beaten, only to see it rise again. In my community we lost too many people to count. We learned lessons, I hope, that will help us as we face a new reality going forward. COVID is with us, it is going to be part of our lives, and we just need to deal with it. We learned other lessons, that we need to be in charge of our own economy, and we need to make things right here in America.
As I look back over those last two years of struggle, I can still see times that we got together and passed good legislation. And we spent time with our families, and maybe we learned a thing or two about ourselves. I think we passed some bills that will help us to make things in America again, things that will help us weather future challenges. Madam President, there are roads to be build, there are bridges, real and metaphorical, that need to be built. There are lives that need to be rebuilt, and we must move forward.
If you look at life as a book, it would be made up of many chapters. There’d be one chapter about our early years, and a chapter about our school years and so on. But for the last two years it’s been the same chapter—COVID—and it’s time to put that chapter behind us. Not because it’s going away totally, but because we can manage it and we need to turn the page to the next chapter. The next chapter has a Michigan that is stronger and more independent, and a Michigan that remains a global economic powerhouse. It’s a Michigan where a working family can still earn a good enough wage to buy a house, to raise their family, and enjoy our beautiful lakes, woods, and beaches.
The best Michigan is still ahead of us and it’s time to seize it. Madam President, even the weather agrees that it is time to move forward, it might even touch 70 degrees today. And we feel like we are coming out of a cocoon, learning to live again. I hope that we continue to rise to that challenge.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 9q (MCL 460.9q), as amended by 2011 PA 274.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Theis introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509o and 510 (MCL 168.509o and 168.510), section 509o as amended by 2018 PA 126.
The bill was read a first and second time by title and
referred to the Committee on Elections.
Senators Hollier, Bullock, McMorrow, Polehanki, Bayer, Brinks, Chang, Wojno, Geiss, Moss, Alexander, Ananich, Hertel, Irwin, Santana and Schmidt introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Bizon introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80124 (MCL 324.80124), as amended by 2012 PA 294.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Polehanki, Moss, Hollier, Wojno, Bumstead, Brinks, McBroom, Bayer, Alexander, Chang and Bullock introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as amended by 2019 PA 6.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senator LaSata introduced
A bill to establish and implement a county broadband completion grant program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senators VanderWall, Hollier, Wojno, Bizon, Bumstead, Zorn, Horn, Wozniak, Daley, Victory, MacDonald, LaSata, Johnson, Runestad, Outman, Huizenga, Theis, Stamas, Alexander, Geiss, Chang, Hertel, Brinks, McCann, Polehanki, Santana, Moss, Irwin and Schmidt introduced
A bill to provide for a military veterans cemetery; to create the veterans cemetery fund; to authorize the purchase of land; and to provide for the powers and duties of certain state governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors, and Veterans.
Senators Barrett and Nesbitt introduced
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2015 PA 264, and by adding section 4ii.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senators Nesbitt and Barrett introduced
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ii.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator Lauwers introduced
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175), as amended by 2015 PA 177.
The bill was read a first and second
time by title and referred to the Committee on Transportation and Infrastructure.
A bill to authorize the state administrative board to accept and convey real property in Isabella County; to provide for the transfer of real property in Macomb County; to prescribe conditions for the conveyance and for the transfer; to provide for the powers and duties of certain state departments in regard to the property; and to provide for disposition of the revenue from the conveyance and from the transfer.
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 Appropriations.
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81, 81a, and 82 (MCL 750.81, 750.81a, and 750.82), section 81 as amended by 2016 PA 87, section 81a as amended by 2012 PA 366, and section 82 as amended by 1994 PA 158.
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 Government Operations.
Announcements of Printing and Enrollment
The Secretary announced that the following bills and resolutions were printed and filed on Wednesday, March 16, and are available on the Michigan Legislature website:
Senate Resolution Nos. 117 118
House Bill Nos. 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 5927 5928 5929 5930 5931
Committee Reports
The Committee on Natural Resources reported
House Bill No. 4205, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82103 (MCL 324.82103), as added by 1995 PA 58.
With the recommendation that the bill pass.
Ed McBroom
Chairperson
To Report Out:
Yeas: Senators McBroom, Bumstead, Outman, Schmidt and McCann
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Natural Resources reported
House Bill No. 4206, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82118 (MCL 324.82118), as amended by 2010 PA 371.
With the recommendation that the bill pass.
Ed McBroom
Chairperson
To Report Out:
Yeas: Senators McBroom, Bumstead, Outman, Schmidt and McCann
Nays: None
The bill was referred to the
Committee of the Whole.
The Committee on Natural Resources reported
House Bill No. 4332, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2017 PA 199.
With the recommendation that the bill pass.
Ed McBroom
Chairperson
To Report Out:
Yeas: Senators McBroom, Bumstead, Outman, Schmidt and McCann
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources submitted the following:
Meeting held on Wednesday, March 16, 2022, at 8:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Bumstead, Outman, Schmidt and McCann
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Corrections and Judiciary submitted the following:
Meeting held on Wednesday, March 16, 2022, at 11:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators Bizon (C) and Hollier
Excused: Senator Runestad
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Community Health/Human Services submitted the following:
Meeting held on Wednesday, March 16, 2022, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Outman (C), Bizon, Daley, LaSata, MacDonald, Huizenga, Santana, Irwin and Brinks
Excused: Senators Schmidt and Hollier
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on General Government submitted the following:
Meeting held on Wednesday, March 16, 2022, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Victory (C), Bumstead, MacDonald, Huizenga, Irwin and McCann
Appropriations –
Subcommittees –
Corrections and Judiciary – Wednesday, March 23, 8:30 a.m., Room 1200, Binsfeld Office Building (517) 373-2768
General Government – Wednesday, March 23, 3:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-2768
K-12 and Michigan Department of Education – Thursday, March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Licensing and Regulatory Affairs/Insurance and Financial Services – Thursday, March 24, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Natural Resources and Environment, Great Lakes, and Energy – Tuesday, March 22, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:14 a.m.
The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Tuesday, March 22, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate