STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Wednesday, March 10, 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 Hollier—present Outman—present
Ananich—present Horn—present Polehanki—present
Barrett—present Irwin—present Runestad—present
Bayer—present Johnson—present Santana—present
Bizon—present LaSata—present Schmidt—present
Brinks—present Lauwers—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—present
Chang—present McCann—present VanderWall—present
Daley—present McMorrow—excused Victory—present
Geiss—present Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Tom Barrett of the 24th District offered the following invocation:
Heavenly Father, I come to You in the mighty name of Your Son Jesus, and invite the presence of Your Holy Spirit into this place today. Lord Jesus, I ask Your grace and mercy preside over this assembly today. Bless and multiply those things of goodness that You have for us today and keep us from evil. Illuminate every lie today and quench the fiery weapons of the enemy with Your love and light. May Your light and Your truth permeate this meeting. Let Your righteousness be established and upheld over this great state.
Heavenly Father, pour out the reviving power of Your Holy Spirit over each of the 83 counties of our state—from the north to the south, coast to coast, east to west. May the presence of Your Holy Spirit guide and guard, convict and strengthen each of those Senators here today. Father, bring this assembly into the unity of Your Holy Spirit. We need a move of Your Spirit today. Your Word declares that what divides is deeper than what is seen. We aren’t contending person against person or party against party, but unseen principalities against Your kingdom of righteousness, joy, and peace. Father, let this be a day when we turn to You, uphold the freedoms and values You have given us, stand for life from the nursery to the nursing home, stand for the unborn, stand for all things that are right before You. Give us the strength to resist evil. Heavenly Father, I ask You to expose every form of darkness with Your light and illuminate our path with Your Word. Many find themselves stuck and wondering what to do today.
Heavenly Father, give them great wisdom and skill to these who serve our state as they gather. Many of their burdens are heavy. Many have become worried and dismayed. God, give them strength today, courage today, grace today, forgiveness today, joy today, peace today. Lighten their loads and encourage their hearts with Your presence today. Lord Jesus, we need Your help. Fear has become rampant in the hearts of many in our state. Fear has stolen from the young and the old, robbing many of their futures and making them prisoners in their own minds and in their own homes. Isolation has cost us in the hearts and minds of many in our state and the incalculable weight of depression and hopelessness. Lord, I pray against the suicide, the depression of alcoholism and drug use that has escalated over the last year in our young and old. We need You to move on all who are hopeless and hurting and heal their hearts and minds. Lord, give these men and women creative capacity to get those who have been so affected to get to those who have been so affected during this last year.
In closing, Lord, I ask You to end this pandemic, an end to this turmoil, an end to this unrest, an end to the brokenness. Help us; move through us. Help us help those around us. Help this assembly to advocate and lead us into prosperity, a prosperity that I know only comes from You. Father, release a blessing over every sector of this state. Your Word declares that Your goodness would draw people to You and lead them to repentance. Release Your prosperity in Michigan. At the same time, expose any work that would be against You, any plan that would steal from Your people, any evil motivation, and let Your truth prevail. Let Your truth reign over Michigan.
In the mighty name of Jesus I pray. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Geiss entered the Senate Chamber.
Senator Chang moved that Senator McMorrow be excused from today’s session.
The motion prevailed.
Messages from the House
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
The following bill was read a third time:
Senate Bill No. 178, 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 sections 3a, 3b, and 3c (MCL 445.573a, 445.573b, and 445.573c), section 3a as added by 1989 PA 148, section 3b as amended by 1998 PA 473, and section 3c 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. 45 Yeas—35
Alexander Daley MacDonald Schmidt
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier Moss Theis
Bizon Horn Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Zorn
Chang Lauwers Santana
Nays—0
Excused—1
McMorrow
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Moss 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 bill:
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 73102, 73104, and 73105 (MCL 324.73102, 324.73104, and 324.73105), section 73102 as amended by 1998 PA 546 and sections 73104 and 73105 as added by 1995 PA 58.
The bill was placed on the order of Third
Reading of Bills.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senators Theis, Barrett, Victory, VanderWall, Bumstead, Bizon, Daley, Outman, LaSata, MacDonald, Zorn, Johnson and Schmidt offered the following resolution:
Senate Resolution No. 24.
A resolution to memorialize the Congress of the United States to change the formula for distributing coronavirus emergency relief funds for schools to allow states to distribute funds on a more equitable basis.
Whereas, The COVID-19 pandemic has had a dramatic impact on schools, students, and teachers across the country. Schools have needed to make significant investments to first ensure all students had equal access to remote learning and then to ensure schools could provide a safe learning environment for students returning to in-person learning; and
Whereas, Congress has approved emergency relief funding to assist schools in addressing impacts from the COVID-19 pandemic. Under the recent Coronavirus Response and Relief Supplemental Appropriations Act, 2021, the state of Michigan will receive more than $1.65 billion. The state must distribute at least $1.49 billion of these funds to local schools, while Congress continues to debate providing even more emergency funding for schools; and
Whereas, The current federal formula for distributing emergency relief funding has led to large discrepancies in how much schools receive per pupil. The Elementary and Secondary School Emergency Relief Fund (ESSER II Fund), and the earlier ESSER I funding, must be allocated to schools based on the formula under Title I, Part A of the Elementary and Secondary Education Act of 1965. Under this complicated formula based on the number of disadvantaged and low-income students and other factors, it is estimated that some school districts in Michigan could receive as little $51 per pupil while other districts could receive more than $16,481 per pupil in addition to their foundation allowance; and
Whereas, The COVID-19 pandemic has impacted school systems across the state with unexpected and impossible to plan for expenses. All school systems have needed to invest in technology and equipment to ensure Michigan’s children could continue to learn remotely and allow schools to provide a safe environment for students and teachers in the classroom. Schools with more disadvantaged and low-income students have had additional challenges in creating remote and safe in-person learning environments. However, the Title I, Part A formula is an imperfect and inadequate solution that has led to an absurd inequity in the distribution of emergency relief funds; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to change the formula for distributing coronavirus emergency relief funds for schools to allow states to distribute funds on a more equitable basis; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the Michigan congressional delegation.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was not adopted.
Senator Lauwers moved to reconsider the vote by which the resolution was not adopted.
The motion prevailed.
The question being on the adoption of the resolution,
Senator Bizon requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The resolution was adopted, a majority of the members voting therefor, as follows:
Roll Call No. 46 Yeas—20
Barrett Johnson Nesbitt Stamas
Bizon LaSata Outman Theis
Bumstead Lauwers Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn McBroom Shirkey Zorn
Nays—15
Alexander Bullock Hollier Polehanki
Ananich Chang Irwin Santana
Bayer Geiss McCann Wojno
Brinks Hertel Moss
Excused—1
McMorrow
Not Voting—0
In The Chair: President
Introduction and Referral of Bills
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Bayer, Irwin, Brinks and Polehanki introduced
A bill to require consumer notification if consumer products or packaging contains certain fluorinated organic chemicals; to authorize the promulgation of rules; to provide for the powers and duties of certain state agencies; and to provide for civil sanctions and remedies.
The bill was read a first and second time by title and referred to the Committee on Environmental Quality.
Senators Theis, Barrett, Runestad, Victory, Bumstead, Bizon, Daley, Outman, Nesbitt, LaSata, MacDonald, Zorn and VanderWall introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1146a; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators Theis, Barrett, Bumstead, Bizon, Daley, Outman, Nesbitt, Johnson, LaSata, MacDonald, Zorn and VanderWall introduced
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2955b (MCL 600.2955b), as added by 2000 PA 176.
The bill was read a
first and second time by title and referred to the Committee on Judiciary and
Public Safety.
Senators Theis, Victory, Bumstead, Daley, Outman, Nesbitt, Johnson, Barrett, LaSata, MacDonald, Zorn, VanderWall and Schmidt introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 802 (MCL 257.802), as amended by 2019 PA 88.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senators Irwin, Bayer and Hollier introduced
A bill to designate the second Monday in October of each year as Indigenous Peoples’ Day in this state.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators McMorrow, Irwin, Bayer and Hollier introduced
A bill to amend 1865 PA 124, entitled “An act to designate the holidays to be observed in acceptance and payment of bills of exchange, bank checks and promissory notes, the business of banking, savings and loan, building and loan, municipal offices, the holding of courts and relative to the continuance of suits,” by amending section 1 (MCL 435.101), as amended by 1984 PA 4.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Chang, Brinks, Lauwers, Geiss, Johnson, Hertel, Bayer, Wojno, Moss and Polehanki introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1508 and 1526b.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Lauwers, Johnson, Theis, Runestad, Geiss, Hertel, Chang, Bayer, Wojno, Moss, Brinks and Polehanki introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90 (MCL 750.90).
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Geiss, Johnson, Lauwers, Hertel, Chang, Bayer, Wojno, Moss, Brinks and Polehanki introduced
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 Theis, Lauwers, Johnson, Runestad, Geiss, Chang, Bayer, Wojno, Moss, Brinks and Polehanki introduced
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16279 and 16279a.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Johnson, Theis, Lauwers, Runestad, Geiss, Chang, Bayer, Wojno, Moss, Brinks and Polehanki introduced
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA 583.
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 510 (MCL 168.510).
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 Elections.
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 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 Elections.
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 33a.
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 Elections.
A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 4.418), as amended by 1994 PA 412.
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 Elections.
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 16 (MCL 169.216), as amended by 2017 PA 184.
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 Elections.
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 658, 659, and 661 (MCL 168.658, 168.659, and 168.661), sections 658 and 661 as amended by 2012 PA 270 and section 659 as amended by 2014 PA 94, and by adding section 759e.
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 Elections.
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 765a (MCL 168.765a), as amended by 2020 PA 177.
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 Elections.
Statements
The motion prevailed.
Senator VanderWall’s statement is as follows:
One year ago today, Michigan reported its first confirmed COVID-19 case. I rise today in remembrance of more than 15,000 Michiganders we have lost to this insidious virus in the 12 months since. These were grandparents, these were parents, these were aunts and uncles, sons and daughters, all gone too soon. We have had a lot of debates in this chamber and in our state about how best to deal with this pandemic and its effects. Those debates will continue. We may on occasion disagree about how to do it, but I am convinced that Michiganders inside and outside of this building are united in our resolve to rid our state of this virus so we can get back to work, to school, to our favorite restaurant, to birthday parties, to graduations, to weddings, and, yes, unfortunately, to funerals, to all of the everyday gatherings we probably took for granted before March 10, 2020. More than 15,000 of our fellow Michiganders won’t get to experience these things again. Today, the one-year anniversary of the first case in our state, seems like a fitting time to remember them.
A moment of silence was observed in memory of the Michiganders who have died of COVID-19.
Senator Moss’ statement is as follows:
I want to echo the comments just made by my friend from the 35th Senate District as I rise today to reflect and remember on a year of tremendous tragedy, untold hardship, and so much sadness.
One year ago today—actually, one year ago tonight—on March 10, 2020 at about ten o’clock at night, I was notified that there would be an emergency briefing because the first confirmed cases of COVID-19 were in and around my district, and it wasn’t before long that Oakland County became the first hotspot in the state for this virus.
I personally knew the ninth death in this state due to COVID, and I know too many more lives that have been lost and I know that so many in this chamber, too, have suffered through so much pain. Since then, more than 525,000 Americans have died because of this deadly virus, including almost 16,000 in Michigan alone. It’s simply heartbreaking. For too many of us, there are permanent holes in our hearts where loved ones previously filled us with their joy and their presence. This is a year that none of us expected, and one that I wish every day didn’t have to be. It’s also one that we will remember for the rest of our lives.
And while we should all be proud of the people in Michigan who’ve summoned the strength and stepped up to lead us toward the light at the end of the tunnel—and I feel that that light is coming closer and closer every day—we should never forget that it’s the light and the memories of our lost loved ones that guides us there. Because of them, we don’t take our days for granted so much anymore and tell those close to us that we love them. Because of them, we are reminded of our own fragility and humanity. And because of them, we refuse to become numb to the sorrow and must resolve to work together to end this pandemic.
So, Mr. President and colleagues, today I ask that we remember those who we’ve lost and I echo the call from our Governor that tonight at 8 p.m. we turn on our outside lights from our front porches, back decks, apartment balconies, or whatever space you call home, so that we can shine a light back out to those whose memories are vivid, forever in our hearts, and did not perish from such a terrible disease in vain. To everyone listening who has experienced the pain of loss and tragedy during this pandemic, please know that the Senate’s loving thoughts embrace you each and every day.
Colleagues, moments like these, these reflection milestones, should remind us of who we are and what unites us. And I think it is safe to say that we believe in courage, we believe that every day is a gift, and we believe that there may be none greater than a life well lived and loved. May the memories of those who we’ve lost to COVID-19 be forever blessings in our broken hearts.
Announcements of Printing and Enrollment
House Bill Nos. 4127 4128 4129 4130 4131 4134 4135
The Secretary announced that the following bills and resolutions were printed and filed on Tuesday, March 9, and are available on the Michigan Legislature website:
Senate Bill Nos. 208 209 210 211 212 213 214
Senate Concurrent Resolution Nos. 6 7
House
Bill Nos. 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479 4480 4481 4482 4483 4484
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Community Health/Human Services submitted the following:
Meeting held on Tuesday, March 9, 2021, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Outman (C), Bizon, Daley, LaSata, MacDonald, Schmidt, Santana, Irwin, Brinks and Hollier
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Transportation submitted the following:
Meeting held on Tuesday, March 9, 2021, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Schmidt (C), Victory, Zorn, Hollier and Bayer
Excused: Senator MacDonald
COMMITTEE ATTENDANCE REPORT
The Committee on Environmental Quality submitted the following:
Meeting held on Tuesday, March 9, 2021, at 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Outman (C), Daley, Johnson, VanderWall, McBroom, Bayer and Brinks
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, March 9, 2021, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt, Bumstead, Bizon, Schmidt, McCann, Brinks and Bullock
Excused: Senators Barrett and McMorrow
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Labor and Economic Opportunity/MEDC submitted the following:
Meeting held on Tuesday, March 9, 2021, at 3:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Horn (C), Schmidt and Hertel
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Natural Resources and Environment, Great Lakes, and Energy submitted the following:
Meeting held on Tuesday, March 9, 2021, at 3:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Bumstead (C), Bizon, Victory, McCann and Bayer
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Tuesday, March 9, 2021, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall,
Zorn, Moss, Polehanki and Wojno
Subcommittees –
Agriculture and Rural Development – Thursday, March 11, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
General Government – Wednesdays, March 17 and March 24, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
K-12 and Michigan Department of Education – Thursday, March 11, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Labor and Economic Opportunity/MEDC – Tuesdays, March 16 and March 23, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-2768
Licensing and Regulatory Affairs/Insurance and Financial Services – Thursday, March 11, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Natural Resources and Environment, Great Lakes, and Energy – Tuesday, March 16, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
Universities and Community Colleges – Thursday, March 11, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Energy and Technology – Tuesday, March 16, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-1721
Health Policy and Human Services – Thursday, March 11, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety – Thursday, March 11, 9:00 a.m., Room 403, 4th Floor, Capitol Building (517) 373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:31 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, March 11, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate