No. 25

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2022

 

 

 

 

 

Senate Chamber, Lansing, Thursday, March 10, 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用resent Horn用resent Polehanki用resent

Ananich用resent Huizenga用resent Runestad用resent

Barrett用resent Irwin用resent Santana用resent

Bayer用resent Johnson用resent Schmidt用resent

Bizon用resent LaSata用resent Shirkey用resent

Brinks用resent Lauwers用resent Stamas用resent

Bullock用resent MacDonald用resent Theis用resent

Bumstead用resent McBroom用resent VanderWall用resent

Chang用resent McCann用resent Victory用resent

Daley用resent McMorrow用resent Wojno用resent

Geiss用resent Moss用resent Wozniak用resent

Hertel用resent Nesbitt用resent Zorn用resent

Hollier用resent Outman用resent


 

Senator Aric Nesbitt of the 26th District offered the following invocation:

Lord, please bring us peace, not just in the hearts of the world, but please to the people of Ukraine and stop the Russian aggression. We take for granted stopping by our grocery stores for food, traveling near and far to enjoy time with family and friends, going to work, and the many other regular, normal activities in modern-day life. But now, the people of Ukraine are facing missile strikes and bullets that are wrecking their lives, homes and country, and their singular focus is surviving. I cannot imagine what they are going through.

Lord, please grant them safety, food, comfort, peace, and arms. May the good in our world be effective at stopping the evil and may we be reminded of how truly blessed we are to live in these United States of America. We may have disagreements and divisions every so often, but nothing even close to what the people of Ukraine are experiencing. Please, let us cherish our blessings and help those in need.

In His name 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 Lauwers moved that Senator Shirkey be temporarily excused from today痴 session.

The motion prevailed.

 

Senator Chang moved that Senators Ananich, Bullock, Geiss and Santana be temporarily excused from today痴 session.

The motion prevailed.

 

 

Senator Lauwers moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 618

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

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator Lauwers 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 Stamas 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:

Senate Bill No. 618, entitled

A bill to amend 2005 PA 92, entitled 鉄chool bond qualification, approval, and loan act, by amending section 9 (MCL 388.1929), as amended by 2012 PA 437.

The bill was placed on the order of Third Reading of Bills.

 

During the Committee of the Whole, Senators Geiss and Santana entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Horn offered the following resolution:

Senate Resolution No. 116.

A resolution to commemorate March 10-17, 2022, as Greta Van Fleet Week.

Whereas, Greta Van Fleet is an American rock band from Frankenmuth, Michigan that launched in 2012; and

Whereas, Members of Greta Van Fleet include, Kiszka brothers Josh (vocals), Jake (guitar), Sam (bass guitar, keyboards), and Danny Wagner (drums); and

Whereas, Greta Van Fleet is a global rock band sensation. They are playing in five cities across Michigan as part of their upcoming United States tour, performing in Grand Rapids, Kalamazoo, Ypsilanti, Flint, and Saginaw; and

Whereas, In September 2017, Greta Van Fleet痴 debut single 滴ighway Tune topped the Billboard U.S. Mainstream Rock chart. A second single 鉄afari Song also hit number one. In total, Greta Van Fleet has had five number one rock singles; and

Whereas, Their second EP From The Fires won the 2019 Grammy Award for Best Rock Album. Greta Van Fleet also received additional Grammy nominations for Best New Artist and Best Rock Performance; and

Whereas, 展hen the Curtain Falls from their debut studio album Anthem of the Peaceful Army was released in October 2019 and topped the Billboard Rock Album chart in the first week; and

Whereas, In 2021, The Battle at Garden痴 Gate was released, debuting number one on the following Billboard charts: Rock Album, Hard Rock Album, and Vinyl Album, number two for Top Album Sales, and also in the Top 10 on The Billboard 200. Their single 溺y Way, Soon from the same album, topped the Billboard Mainstream Rock chart in January 2021; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate March 10-17, 2022, as Greta Van Fleet Week.

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

Senator Lauwers moved that the rule be suspended.

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

 

Senators Ananich and Bullock entered the Senate Chamber.

 

The resolution was adopted.

 

 

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

The motion prevailed.

Senator Horn痴 statement is as follows:

Mr. President, today I rise in support of a resolution that will rock this Senate. I知 not accustomed to reading the resolution directly but I think I will because it has a lot of information about a group of fine young men who come from my community. This resolution is to commemorate March 10-17, 2022, as Greta Van Fleet Week.

 

Whereas, Greta Van Fleet is an American rock band from Frankenmuth, Michigan that launched in 2012; and

Whereas, Members of Greta Van Fleet include, Kiszka brothers Josh (vocals), Jake (guitar), Sam (bass guitar, keyboards), and Danny Wagner (drums); and

Whereas, Greta Van Fleet is a global rock band sensation. They are playing in five cities across Michigan as part of their upcoming United States tour, performing in Grand Rapids, Kalamazoo, Ypsilanti, Flint, and Saginaw; and

Whereas, In September 2017, Greta Van Fleet痴 debut single 滴ighway Tune topped the Billboard U.S. Mainstream Rock chart. A second single 鉄afari Song also hit number one. In total, Greta Van Fleet has had five number one rock singles; and

Whereas, Their second EP From The Fires won the 2019 Grammy Award for Best Rock Album. Greta Van Fleet also received additional Grammy nominations for Best New Artist and Best Rock Performance; and

Whereas, 展hen the Curtain Falls from their debut studio album Anthem of the Peaceful Army was released in October 2019 and topped the Billboard Rock Album chart in the first week; and

Whereas, In 2021, The Battle at Garden痴 Gate was released, debuting number one on the following Billboard charts: Rock Album, Hard Rock Album, and Vinyl Album, number two for Top Album Sales, and also in the Top 10 on The Billboard 200. Their single 溺y Way, Soon from the same album, topped the Billboard Mainstream Rock chart in January 2021; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate March 10-17, 2022, as Greta Van Fleet Week.

 

Let me say, Mr. President, our family literally watched these kids growing up in Frankenmuth. People should know that their accomplishments haven稚 gone to their heads. They are humble, they remain true to who they are, and they are the same great young men today that they were before they earned their global success. Michigan wishes them the best as they continue to tour and bring their music to the world.

Recess

 

 

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

The motion prevailed, the time being 10:12 a.m.

 

10:21 a.m.

 

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

 

During the recess, Senator Shirkey entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Lauwers moved that the rules be suspended and that the following bill, now on Third Reading of Bills, be placed on its immediate passage:

Senate Bill No. 618

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

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

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

House Bill No. 5261

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 5261, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 9145 (MCL 333.9145), as added by 2018 PA 554.

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. 72 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

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:

鄭n 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. 5262, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406y.

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. 73 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

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:

鄭n act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker痴 compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 5263, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406x.

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. 74 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

Not Voting0

 

 

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:

鄭n act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker痴 compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 5264, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, (MCL 333.1101 to 333.25211) by adding section 21535.

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. 75 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

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:

鄭n 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:

Senate Bill No. 811, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 17609 (MCL 333.17609), as amended by 2010 PA 304.

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. 76 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4451, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 309 (MCL 257.309), as amended by 2020 PA 304.

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. 77 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

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:

鄭n act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 871, entitled

A bill to amend 1951 PA 51, entitled 鄭n 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 10r (MCL 247.660r), as added by 2020 PA 140.

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. 78 Yeas35

 

 

Alexander Daley McBroom Schmidt

Ananich Geiss McCann Shirkey

Barrett Hertel McMorrow Stamas

Bayer Hollier Moss VanderWall

Bizon Horn Nesbitt Victory

Brinks Huizenga Outman Wojno

Bullock LaSata Polehanki Wozniak

Bumstead Lauwers Runestad Zorn

Chang MacDonald Santana

 

 

Nays3

 

 

Irwin Johnson Theis

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 618, entitled

A bill to amend 2005 PA 92, entitled 鉄chool bond qualification, approval, and loan act, by amending section 9 (MCL 388.1929), as amended by 2012 PA 437.

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. 79 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Moss, Geiss, Polehanki, Brinks, Bayer, McMorrow, Chang, Bullock, Irwin, Santana and Hollier introduced

Senate Joint Resolution N, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, to require a vote of three fourths of the members elected to and serving in each house of the legislature to enact a law proposed by initiative petition.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.

 

 

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

Senate Bill No. 959, entitled

A bill to amend 1927 PA 372, entitled 鄭n act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act, by amending section 10 (MCL 28.430), as added by 1990 PA 320.

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

 

 

House Bill No. 5570, entitled

A bill to amend 2000 PA 403, entitled 溺otor fuel tax act, by amending sections 8 and 152 (MCL 207.1008 and 207.1152), as amended by 2015 PA 176.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Bayer, Moss, Geiss, Runestad, Hertel and Stamas asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bayer痴 statement is as follows:

Today I rise to recognize Abortion Provider Appreciation Day. This day began nearly 20 years ago when in 1993, Dr. David Gunn, an OB/GYN who provided abortions, was tragically murdered by an anti-abortionist. Unfortunately, this was not an isolated moment in history. Every day, abortion providers, their employees, and their patients are subjected to death threats and harassment and it stays with those individuals for a lifetime.

Let痴 get one thing straight here預bortion is health care. Even the American College of Obstetrics and Gynecologists agree. They state, 溺any factors influence or necessitate a woman痴 decision to have an abortion. They include, but are not limited to, contraceptive failure, barriers to contraceptive use and access, rape, incest, intimate partner violence, fetal anomalies, illness during pregnancy, and exposure to [certain] medications. Also, 撤regnancy complications, including placental abruption, bleeding from placenta previa, preeclampsia or eclampsia, and cardiac or renal conditions, any of these, 杜ay be so severe that abortion is the only measure to preserve a woman痴 health or save her life.

My own circumstance預n ectopic pregnancy謡as a tragedy for my husband and me. In that medical circumstance, there is no chance for the fetus to survive, and if no action is taken the tube will burst and the life of the mother is at immediate and dire risk. If she can稚 get to an emergency room fast enough, she will die. I would have died.

This is why abortion is health care. It痴 medicine and science that has been tested and tested over decades, and fine-tuned to be safe耀ometimes the safest option there is. After all, the health and safety of a patient is at the core of what every doctor takes an oath to serve. That痴 why it痴 important to take a moment to acknowledge abortion providers.

Abortion providers, I stand with you. I stand with your staff, your security guards, your patients, all of it. I stand here because we also know that the right to an abortion is under constant attack both physically and politically even though neither has anything to do with this decision. Health care is and always should be between patients and their physicians溶ot politicians, not people who don稚 know them, who don稚 know their circumstances, and are just loud and not listening.

So, thank you abortion providers for the work that you do. Thank you for recognizing the strength of the people who seek you and giving them the dignity they deserve.

 

Senator Moss statement is as follows:

Two years ago today熔n March 10, 2020葉he novel, deadly coronavirus was first identified here in the state of Michigan. Since then, all of us have endured some of the harshest conditions of humanity妖isease, loss, isolation, loneliness, and so much more. Thirty-five thousand of our Michigan family members, friends, neighbors, and colleagues are gone. We値l never forget them, and we must use the lights of those souls to illuminate the way forward.

With these two years behind us, we have the tools to be ready for challenges that lie ahead. And we致e learned invaluable lessons from the pandemic葉hat when Michiganders and Americans are united, we can persevere together. We cannot forget that sense of unity and togetherness that formed in the face of so many unknowns. This crisis was unlike anything in our lifetimes, but we池e here now with much better days ahead. And if we can harness that collective resiliency, we can work through our differences to deliver a better future for all Michiganders.

I would also be remiss if I didn稚 take this opportunity to thank our health care heroes who are still working on the frontlines of a pandemic that has not yet ended. We owe a tremendous debt to them for their selflessness and their courage.

Thank you Mr. President, and thank you colleagues for doing so much for the people of Michigan during these difficult times.

 

Senator Geiss statement is as follows:

Most people think of March as Reading Month and also Women痴 History Month, but it痴 also Music Education Month. This month, many of the student musicians in our school districts participated in the MSBOA and MSVMA festivals which are qualifiers to go to States in May. A lot of you know I have two student musicians in my family and, like some of you, was a student musician myself. You may even have in a closet somewhere in your house or back at your parents home a case that needs dusting off with a long-neglected instrument inside that might not have been touched since you graduated high school.

I want you to think back to those days, when maybe even you competed in festival. Think back to the delight and joy of learning and creating music and then getting to share your craft at performances. While there are aspects of learning music that can be painful溶ot going to lie葉o all involved, especially some of those beginning notes, blue notes, learning theory, trying to remember to get those solfege hand symbols right, broken strings and reeds, bows that need re-stringing, for our brass players the inevitable spit valve, voices changing thanks to adolescence, you know, all the things. All of that notwithstanding, remember the joy that learning music brings to the additional skills and that learning that music imparts on our kids. From mathematics through measures and time signatures and the division of notes and note values, to language in the way that musical phrases echo sentences, the order and format of songs and pieces following the way the spoken word works, and how these skills are transferable to and enhance other academic subjects熔ften without our kids even realizing it.

Last summer, we spent a lot of time in the Senate Education and Career Readiness Committee talking about the effects of the pandemic on our kids, a lot about how missing out on sports was detrimental to the mental health of those who could not participate. The same is equally true for our student musicians. This week, my daughter痴 middle school held its band and choral concerts傭and on Tuesday, chorus last night預nd during the concert last night, before the last ensemble performed, several students from the ensembles, many of whom were 8th graders soon to embark upon their high school journey spoke about how important, how valuable having music has been on them. From the joy that they felt learning new songs and singing together to their thanks of their teacher, but the chief thread that ran through was how their ensembles helped create family and forged deep friendships. I know our band and orchestra student musicians feel the same. It痴 clear that access to music education is also positive on the mental health of our students耀omething I think we池e all keenly aware of right now.

Every district in the state of Michigan should be as fortunate as mine to have such amazing music educators and robust music programs. Interestingly enough, there痴 a bill to allow for that祐enate Bill No. 369預nd I hope that it痴 one we will take up and get passed so that we are providing for music education across this great state of Michigan and make not just March Music Education Month, but allow our music educators to bring out the music and hone the craft in all of our students every month.

 

Senator Runestad痴 statement is as follows:

Pope Francis once stated, 典here are some realities that you can only see through eyes that have been cleansed by tears. That certainly seems to be the case here in Michigan in regard to the auto no-fault patients who are getting unceremoniously dumped out of facilities or are losing their in-home care their policy contracts required as the result of a car accident. I知 now experiencing some remorse about the bill due to our inability here to modify the flawed provisions in the bill. I believe many others in this chamber will also, perhaps in the future, a year or two, experience similar regret.

The bill which had so many good and needed provisions contained one that is resulting in a lot of harm. People who paid their premium with the promise of lifetime in-home care as long as necessary are having their contracts defaulted upon. On March 1, a group of interfaith clergy led a memorial service for five individuals who passed away after their care was interrupted. Their families and loved ones came to the service and pleaded for help that no other families would have to go through what they went through. I believe many of us in this room will experience similar remorse that we sat on our hands while good people who paid for and were promised care may suffer.

The unfortunate effect of this bill痴 implementation is that there is the breaking of the backs of so many small care providers and turning the care over to mostly mega out-of-state corporations, many of which likely got the big bailouts, while our small Michigan-based companies have been absolutely decimated by our own government. Often now, the default position is either self-employed individuals庸rankly, who may be working out of the back of their car熔r foisting the care onto the families themselves who may have other obligations or lack the skills and ability to be able to provide this care.

Where are we now? The insurance companies have raked in record profits due to many of the bill痴 effects, coupled with a dearth of drivers and accidents during the pandemic. Our Governor colludes with the insurance companies to arrange for her to call for a $400 MCCA rebate and then they conveniently respond with an announcement revealing a $400 rebate right on the heels of the press conference. The practical reality of this rebate means that those who have become newly insured, along with those who have been driving for years without any insurance, paid only $89 this year for the MCCA but will get $400 back熔r, rumor has it, perhaps even another $400 as the election gets closer. Perhaps an incredible almost-$700 windfall bonanza. But, for those of us who paid the full freight for the MCCA for decades, we get the same $400.

A far worse outcome is for those catastrophically injured whose $400 was to pay for the care they池e not even receiving. Why should catastrophically-injured patients subsidize refunds to the newly insured who paid almost nothing into the MCCA? As a conservative legislator, I am all about adherence to contracts. Telling these patients that we will cover their care but then reimbursing so low that the care providers are vanishing is not adherence to the contract. During the Governor痴 strategic political science press conference on the refunds, she could have used the bully pulpit to loudly call for the currently insured to receive the care the contracts require. That痴 on the Governor. She値l have to reconcile that with her conscience.

As to us, let痴 recognize the error in the bill and correct it. There痴 so much good will in this chamber, and I encourage my colleagues on both sides of the aisle to come together and make this right.

 

Senator Hertel痴 statement is as follows:

Through you to the previous speaker曜ust making sure I get it right this time葉hank you. It is a ridiculous criticism to not realize that the law requires these payments to go out to drivers. To act like we can稚 solve both problems, that the MCCA gives the money that drivers have paid for years back to them and also solve the problem of the needed care in our communities is trying to make a political issue out of a very serious problem that we need to solve for people. What痴 worse is to stand up and call out the Governor, who has asked for a bill on her desk to solve that problem and to not call out the four people葉wo of whom are in this room right now葉hat have not actually taken those bills up, that would actually do the thing that you池e asking for.

You can make all the political points you want but no political point is actually going to help those families that are suffering right now. The only thing that will help is action on a bill that sits in a committee right now, that would solve those problems that you failed to actually call for while you were standing up there葉hrough you, to the previous speaker預nd also, call out your own leadership who won稚 take that bill up. I promise everybody in this room there痴 going to be an opportunity耀oon庸or those bills. I hope you will do the right thing then. I hope you値l stand up then. But the idea that our Governor, who has called for action on those bills, has sent a letter to leadership, has talked about it many times in the media, to take a political point with a person who is on your side, to leave off those that are off the side of the families that are suffering is political nonsense and has no place in this body. Again, through you to the speaker.

 

Senator Stamas statement is as follows:

It痴 with a heavy heart that I speak before you today. On Tuesday of this week the Midland community lost a strong leader. Diane Slattery and her husband Don died in an airplane accident in northwest Florida. They are survived by three children and five grandchildren. Diane Postler-Slattery was the president and CEO of MyMichigan Health, and a dedicated supporter of our community and the cultural activities throughout the region.

Our community will not be the same, both Diane and Don will truly be missed. I would ask for a moment of silence as we remember the things that they have accomplished and the things that we have lost.

 

The President pro tempore, Senator Nesbitt, assumed the Chair.

 

A moment of silence was observed in memory of Diane Postler-Slattery, President and CEO of MyMichigan Health, and Donald Slattery.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, March 9:

House Bill No. 5570

 

The Secretary announced that the following bills and resolution were printed and filed on Wednesday, March 9, and are available on the Michigan Legislature website:

Senate Bill Nos. 956 957 958

Senate Resolution No. 115

House Bill Nos. 5888 5889

 

 

Committee Reports

 

 

The Committee on Appropriations reported

Senate Bill No. 618, entitled

A bill to amend 2005 PA 92, entitled 鉄chool bond qualification, approval, and loan act, by amending section 9 (MCL 388.1929), as amended by 2012 PA 437.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Jim Stamas

Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, Outman, Runestad, Schmidt, Victory, Daley, Huizenga, Hertel, Bayer, Hollier, Irwin, McCann and Santana

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

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.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Jim Stamas

Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, Outman, Runestad, Schmidt, Victory, Daley and Huizenga

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, March 9, 2022, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, MacDonald, Outman, Runestad, Schmidt, Victory, Daley, Huizenga, Hertel, Bayer, Hollier, Irwin, McCann and Santana

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 795, entitled

A bill to amend 1945 PA 327, entitled 鄭eronautics code of the state of Michigan, (MCL 259.1 to 259.208) by adding section 207.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 796, entitled

A bill to amend 1945 PA 327, entitled 鄭eronautics code of the state of Michigan, (MCL 259.1 to 259.208) by adding section 206a.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 875, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, (MCL 257.1 to 257.923) by adding section 612a.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak and Bullock

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

House Bill No. 5286, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 627 (MCL 257.627), as amended by 2019 PA 31.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Wednesday, March 9, 2022, at 12:00 noon, Room 1100, Binsfeld Office Building

Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier

 

 

The Committee on Elections reported

House Bill No. 4127, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending section 510 (MCL 168.510).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Ruth A. Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, McBroom and VanderWall

Nays: Senator Wojno

The bill was referred to the Committee of the Whole.

 

 

The Committee on Elections reported

House Bill No. 4128, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending section 509bb (MCL 168.509bb), as added by 1994 PA 441.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Ruth A. Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, McBroom and VanderWall

Nays: Senator Wojno

The bill was referred to the Committee of the Whole.

 

 

The Committee on Elections reported

House Bill No. 4129, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, (MCL 168.1 to 168.992) by adding section 33a.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Ruth A. Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, McBroom, VanderWall and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Elections reported

House Bill No. 4130, entitled

A bill to amend 1978 PA 472, entitled 鄭n 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.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Ruth A. Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, McBroom, VanderWall and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Elections reported

House Bill No. 4131, entitled

A bill to amend 1976 PA 388, entitled 溺ichigan campaign finance act, by amending section 16 (MCL 169.216), as amended by 2017 PA 184.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Ruth A. Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, McBroom and VanderWall

Nays: Senator Wojno

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Elections submitted the following:

Meeting held on Wednesday, March 9, 2022, at 2:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Johnson (C), McBroom, VanderWall and Wojno

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Corrections and Judiciary submitted the following:

Meeting held on Wednesday, March 9, 2022, at 12:00 noon, Room 1300, Binsfeld Office Building

Present: Senators Bizon (C), Runestad and Hollier

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Community Health/Human Services submitted the following:

Meeting held on Wednesday, March 9, 2022, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Outman (C), Bizon, Daley, LaSata, MacDonald, Schmidt, Huizenga, Santana, Irwin and Brinks

Excused: Senator Hollier

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on General Government submitted the following:

Meeting held on Wednesday, March 9, 2022, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Victory (C), Bumstead, MacDonald, Huizenga and McCann

Excused: Senator Irwin

Scheduled Meetings

 

 

Appropriations

 

Subcommittees

 

Corrections and Judiciary Wednesdays, March 16 and March 23, 11:30 a.m., or immediately following session, Room 1300, Binsfeld Office Building (517) 373-2768

 

General Government Wednesdays, March 16 and March 23, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Natural Resources and Environment, Great Lakes, and Energy Tuesday, March 15, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768

 

Economic and Small Business Development Thursday, March 17, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

Finance, Joint with Transportation and Infrastructure Tuesday, March 15, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5312 and (517) 373-5323

 

Natural Resources Wednesday, March 16, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373‑5312

 

 

Senator Lauwers moved that the Senate adjourn.

The motion prevailed, the time being 11:00 a.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, March 15, 2022, at 10:00 a.m.

 

 

MARGARET O達RIEN

Secretary of the Senate