STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Tuesday, May 25, 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—present Victory—present
Geiss—present Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Mike Shirkey of the 16th District offered the following invocation:
Heavenly Father, we are grateful to be here today this morning to do the work of the people of Michigan. We ask that You send Your Holy Spirit to be within each and every one of us as we discern right from wrong, up from down, left from right, and north from south. Lord, we just ask that You would be especially present as we are progressing on bills and conversations and debates over some very important issues before us. In all cases however, Lord, just make sure that we are focused primarily and exclusively on Your will for our lives and our state.
We ask all these things in Your precious Son’s name. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Senator Outman entered the Senate Chamber.
Motions and Communications
Senator Lauwers moved that Senators McBroom and Schmidt be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
May 19, 2021
Enclosed is a copy of the following report:
• Performance audit report on the Homeownership Programs, Michigan State Housing Development Authority, Department of Labor and Economic Opportunity (186-0205-20).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Oversight.
The following communication was received:
Office of Senator Winne Brinks
May 11, 2021
Per Senate Rule 1.110(c) I am requesting that my name be removed as a co-sponsor to Senate Bill 363 which was introduced on April 15th, 2021 by Senator Daley and was referred to the Senate Committee on Economic and Small Business Development.
Sincerely,
Senator Winnie Brinks
District 29
The communication was referred to the Secretary for record.
The following communications were received:
Office of Senator Sean McCann
May 19, 2021
I respectfully request that my name be added as a co-sponsor to Senate Bill 439 of 2021, introduced by Senator Chang.
If you have any questions, please do not hesitate
to contact my office. Thank you for your attention to this matter.
May 19, 2021
I respectfully request that my name be added as a co-sponsor to Senate Bill 444 of 2021, introduced by Senator Victory.
If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.
Sincerely,
Sean McCann
State Senator
20th District
The communications were referred to the Secretary for record.
The following communication was received:
Office of Senator Jeremy Moss
May 20, 2021
I request that my name be removed from co-sponsorship of Senate Bill 363. If you have any questions, please don’t hesitate to contact me.
Sincerely,
Jeremy Moss
State Senator, Michigan’s 11th District
Representing southern Oakland County
Assistant Democratic Leader
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Stephanie Chang
May 20, 2021
Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bill 447 which was introduced on May 18th, 2021 by Senator Lauwers and was referred to the Senate Committee on Insurance and Banking.
Sincerely,
Stephanie Chang
State Senator, District 1
Minority Floor Leader
The communication was referred to the Secretary for record.
Senators Moss and Geiss entered the Senate Chamber.
Senate Bill No. 440
Senate Bill No. 459
The motion prevailed, a majority of the members serving voting therefor.
Senate Resolution No. 51
The motion prevailed, a majority of the members serving voting therefor.
Senator Ananich entered the Senate Chamber.
Senate Bill No. 465, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending section 10o (MCL 247.660o), as amended by 2000 PA 188.
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2020 PA 222.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
The motion prevailed.
Senator Schmidt entered the Senate
Chamber.
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators McBroom and Hollier entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Messages from the House
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 536 (MCL 436.1536), as amended by 2020 PA 126.
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.
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the legislature, the executive, the department of the attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain other state purposes for the fiscal year ending September 30, 2022; to place conditions on the appropriations; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make appropriations for the legislature, the executive, the department of the attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain other state purposes for the fiscal year ending September 30, 2022; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, 26a, 26b, 26c, 28, 29a, 31a, 31d, 31f, 31j, 31m, 31n, 32d, 32p, 35a, 35b, 35d, 35e, 35f, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 98d, 99h, 99i, 99s, 99t, 99u, 99w, 99x, 99z, 101, 104, 104a, 104f, 104g, 105, 105c, 107, 147, 147a, 147b, 147c, 147e, 152a, and 152b (MCL 388.1604, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1625i, 388.1626a, 388.1626b, 388.1626c, 388.1628, 388.1629a, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631m, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1635d, 388.1635e, 388.1635f, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1698d, 388.1699h, 388.1699i, 388.1699s, 388.1699t, 388.1699u, 388.1699w, 388.1699x, 388.1699z, 388.1701, 388.1704, 388.1704a, 388.1704f, 388.1704g, 388.1705, 388.1705c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, and 388.1752b), section 4 as amended by 2019 PA 58, sections 6, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 74, 81, 94, 94a, 95b, 98, 99h, 99s, 99t, 99u, 99w, 99x, 101, 104, 105, 105c, 107, 147, 147a, 147c, 147e, and 152a as amended by 2020 PA 165, section 6a as amended by 2020 PA 149, sections 11, 21f, and 31n as amended by 2021 PA 3, sections 19, 147b, and 152b as amended by 2018 PA 265, sections 25i, 29a, 35d, 35e, 35f, 67a, 98d, 99i, 99z, 104f, and 104g as added by 2020 PA 165, section 31m as added by 2018 PA 265, section 104a as added by 2021 PA 3, and by adding sections 20m, 25k, 26d, 31p, 51g, 51h, 61g, 78, 94c, 97, 98b, 98e, and 167c; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2021 PA 3 and section 17b as amended by 2007 PA 137.
Pursuant to rule 3.202, the
bill was laid over one day.
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of labor and economic opportunity for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; to establish certain fees in connection with certain appropriations; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2022; to make appropriations for capital outlay projects; to provide for conditions on the appropriations; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the
bill was laid over one day.
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236c, 238, 241, 245, 245a, 252, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274d, 275f, 276, 277, 278, 279, 280, 281, 281a, 282, 285, 286, and 291 (MCL 388.1836, 388.1836c, 388.1838, 388.1841, 388.1845, 388.1845a, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874d, 388.1875f, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1881a, 388.1882, 388.1885, 388.1886, and 388.1891), sections 236, 236c, 238, 241, 245, 245a, 256, 263, 264, 265, 265b, 267, 268, 269, 276, 277, 278, 279, 280, 281, and 282 as amended by 2020 PA 165, section 252 as amended by 2019 PA 162, sections 259, 260, 270c, 275f, and 281a as added by 2020 PA 165, section 274d as amended by 2018 PA 265, sections 285 and 291 as amended by 2012 PA 201, section 286 as amended by 2015 PA 85, and by adding sections 236i, 275j, and 286b; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), as amended by 2020 PA 165.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,”
by amending sections 201, 206, 207a, 207b, 207c, 209a, 210b, 220, 222, 223,
226d, 229, 229a, and 230 (MCL 388.1801, 388.1806, 388.1807a, 388.1807b,
388.1807c, 388.1809a, 388.1810b, 388.1820, 388.1822, 388.1823, 388.1826d,
388.1829, 388.1829a, and 388.1830), sections 201, 206, 207a, 207b, 207c, 209a,
222, 223, 229, 229a, and 230 as amended by 2020 PA 165, section 210b as amended
by 2019 PA 52, section 220 as amended by 2016 PA 249, section 226d as added by
2020 PA 165, and by adding sections 201e, 210g, and 226f; and to repeal acts
and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), as amended by 2020 PA 165.
Pursuant to rule 3.202, the bill was laid over one day.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Daley as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2014 PA 17.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 440, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 22224b.
Substitute (S-1).
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 457
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 bills:
House Bill No. 4376
House Bill No. 4377
Senate Bill No. 457
The motion
prevailed.
The following bill was read a third time:
House Bill No. 4376, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 4 (MCL 338.2204), as added by 2014 PA 127.
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. 209 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Horn Moss Theis
Brinks Irwin Nesbitt VanderWall
Bullock Johnson Outman Victory
Bumstead LaSata Polehanki Wojno
Chang Lauwers Runestad Zorn
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4377, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending sections 103, 105, 107, 219, and 417 (MCL 339.5103, 339.5105, 339.5107, 339.5219, and 339.5417), section 105 as amended by 2020 PA 370, and by adding section 223.
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. 210 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Horn Moss Theis
Brinks Irwin Nesbitt VanderWall
Bullock Johnson Outman Victory
Bumstead LaSata Polehanki Wojno
Chang Lauwers Runestad Zorn
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 457, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.
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. 211 Yeas—20
Barrett Johnson Nesbitt Stamas
Bizon LaSata Outman Theis
Bumstead Lauwers Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn McBroom Shirkey Zorn
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.
Senators Brinks, Polehanki, McCann, Bayer, Santana, McMorrow, Hertel, Bullock, Geiss, Chang, Alexander, Moss, Wojno and Hollier, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 457.
Senator Brinks’ statement, in which Senators Polehanki, McCann, Bayer, Santana, McMorrow, Hertel, Bullock, Geiss, Chang, Alexander, Moss, Wojno and Hollier concurred, is as follows:
There is currently no requirement for vaccines to be administered in order for a student to attend school in Michigan. There is simply a list of recommended vaccines that are recommended for children and recommended by pediatricians and the state Department of Health and Human Services. There is a requirement that parents provide a record of those vaccines that are received by their children to the school. If parents do not wish to have their children receive some, any, or all of the vaccinations, they simply need to avail themselves of the waiver process that is established by the state in law. It is worth noting that Michigan has a very liberal immunization exemption policy. A parent can opt out of having their children vaccinated for medical reasons, for religious reasons, or for philosophical reasons. To prohibit a requirement for something for which there is no precedent of a requirement nor any proposal to create such a requirement is simply unnecessary. It plays on unfounded fears of well-meaning parents and it puts reasonable public health measures at risk of endangering us all.
This bill is simply another solution in search of a problem and it joins a growing list of other bills that are the same. I urge a “no” vote.
Point of Order
Senator Chang raised the Point of Order that after a vote is taken, only “no” vote explanations are allowed to be given.
The President, Lieutenant Governor Gilchrist, ruled that comments in support of a bill need to be made before it is voted on and sustained the point.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Theis’ statement is as follows:
If we’ve learned anything over the past year and a half, it’s that we need to be proactive rather than reactive with respect to statute and in that particular vein, that’s what we were looking at with respect to this bill. We’ve seen over and over again that while they might not be mandating something, they are certainly creating a scenario where mandates are effectively being pushed and I just wanted to ensure that that wasn’t going to happen in this space. Our children—their parents—should be allowed to make the decisions on this and I wanted to make sure that was happening.
Senator Hertel’s statement is as follows:
It seems like this body wants to be proactive against all kinds of things that don’t actually exist—so I’ll be looking forward to the Bigfoot bills next week—but nobody is trying to make this mandatory in Michigan. Everybody knows it. I’m sure it’s great for a Breitbart article. And for those who say that children and parents should be making decisions about children, I agree and I look forward to your hearing later today where you tell people’s kids who can play sports.
Senator Santana’s statement is as follows:
Today I rise to acknowledge the anniversary of the death of our brother
George Floyd who was wrongfully killed unfortunately and this has been far too
common in our communities—communities of color—for far too long. I’ve had the
opportunity this morning to listen to State Representative Richardson from
Minnesota talk about how for her son, the death of George Floyd has changed his
total mode of operation where he was one who enjoyed as his leisure activities
running in his community, but yet because of the post-traumatic stress that he
has endured, he’s had to change his whole lifestyle to now riding his bike. How
unfair is this? How unfair is it that he as a young Black male who enjoys
running feels some kind of way because he doesn’t know how the outcome will be
if he’s perceived to be doing something wrong or stopped wrongfully by law
enforcement and may not make it home. This is the story of far too many people
in our communities.
It’s not just the story of George Floyd but it’s the story of many people, and when I look at what has occurred it’s the fact that we received justice for this particular circumstance; however, how many other people have not received that justice? I also was able to hear from two other law enforcement officers from the Minnesota police force who also said that when they saw the outcome from this situation, they also felt some injustices as law enforcement officers. They felt that what was done to George Floyd was wrong, that Derek Chauvin was in a state of yellow—which means he was in a calm state when he kept his foot on George Floyd’s neck for eight minutes and forty-six seconds—and when they called EMTs, instead of a Code 3 where ambulances will come because it’s an emergency, they called in a Code 2. This situation has opened the eyes of so many people, not only the people who have post-traumatic stress from being African-American in this country but also many others because we had the opportunity to see with our own eyes during this pandemic what really goes on when it comes to communities of color.
I encourage all of us today to not only reflect on the death of George Floyd but also think about how we as lawmakers in this body and bodies across this country can make effective changes to make sure that officers who are acting unwilfully in their roles and not being held accountable will be held accountable for their actions. God bless you George Floyd. May your life not go in vain and may your death not be forgotten.
Senator Runestad’s statement is as follows:
A while back there was a congressman who walked into the office of his trusted chief of staff and the chief said, Congressman I hate to tell you this but your constituents are really beginning to disagree with your doctrines. The congressman pondered on that for a while and then he responded to the chief, Well chief, when enough of my constituents disagree with my doctrines to constitute a reliable majority then I’m going to do an absolute somersault, turn around, and I’m going to agree with them. So it is with our Governor. Governor Whitmer has violated her own admonitions, her own injunctions, even her DHHS orders. And when she suddenly hears the voice of the people and their outrage, she somersaults to the left, to the right, to the center, and now agrees with them. Because they are now beginning to constitute a reliable majority opposing her doctrines. The people in the state of Michigan have had enough of the good for thee, but not for me. I’m glad to see the Governor is finally recognizing the voice of the people and their opposition to her doctrines and hypocrisy and are starting to change them.
Senator Irwin’s statement is as follows:
I also rise to reflect on the death of George Floyd on his anniversary and reflect on the work of this Michigan Senate over the course of the last couple of years. I think that when we all look back at our time in the Senate we’re not going to remember the political sniping, we’re not going to remember the attacks that are personal, and the things that we weren’t able to come together on. I think what we’re going to remember most from the One Hundredth Session of the Michigan Legislature was how we were able to come together on criminal justice reform. I think that when we all look back we’re going to think about all the people that we helped through that process last year through bipartisan action. And so I want you to reflect on that and think about the fact that even though we came together last year on a number of issues like expungement, we were unable to put a single piece of police reform legislation on the Governor’s desk. George Floyd was murdered, we had a summer of activism, and yet our Legislature failed to act.
But we have another opportunity this year and I’m very excited that we’ve now introduced a bipartisan package of bills that could improve policing here in the state of Michigan. So let’s focus on what we can do together. Let’s put behind us some of these petty, ugly, political fights that get us nowhere—that attack vulnerable children; that put them in the crosshairs. Let’s instead talk about what we can do to come together. And this police improvement package is a great example of that. So let’s let that be the first step. Let’s let our budget negotiations hopefully be another step and let’s keep working together to do something good for the people of Michigan rather than allowing this Senate to be pulled down into an ugly cesspool of political recriminations and political fighting.
Thank you, Mr. President. I wanted to offer those words on the anniversary of George Floyd’s murder and to call upon all of us to put aside some of our political differences and focus on the things that we can actually get done for our people.
By unanimous consent the Senate returned to the order of
Resolutions
Senator Lauwers moved that the Senate proceed to consideration of the following resolution:
Senate Resolution No. 51
The motion
prevailed.
A resolution to observe May 16-22, 2021, as Emergency Medical Services (EMS) Week.
(This resolution was reported by the Committee on Health Policy and Human Services on Thursday, May 20. See p. 808.)
The question being on the adoption of the resolution,
The motion prevailed.
Senator VanderWall’s statement is as follows:
I want to talk a little bit about Senate Resolution No. 51, recognizing Emergency Medical Services Week. Last week in the Health Policy and Human Services Committee we had several members from the Michigan Association of Ambulance Services testify about the work of EMS personnel and the challenges they face. It takes a special breed of person to be able to perform the kinds of duties these individuals perform, especially under the pressure of a job where every second counts. EMS personnel work around the clock to provide a vital service and I encourage everyone to acknowledge the hard work, professionalism, and dedication embodied by those in this profession. This has been especially true during the unknown dangers of the coronavirus. These critical frontline workers were able to quickly adapt to the crisis and go above and beyond to provide lifesaving care to those in need. I ask for your support on this important resolution recognizing all our EMS workers here in the state of Michigan.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” (MCL 28.601 to 28.615) by adding section 11a.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Moss, Bullock, Chang, Geiss, Irwin, Ananich, Hollier, Brinks, Wojno, Hertel, Polehanki and Bayer introduced
A bill to amend 2017 PA 128, entitled “Law enforcement officer separation of service record act,” by amending section 3 (MCL 28.563).
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Horn introduced
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending sections 9, 9a, 9b, 9c, and 9d (MCL 28.609, 28.609a, 28.609b, 28.609c, and 28.609d), sections 9, 9b, 9c, and 9d as amended by 2018 PA 552 and section 9a as amended by 2016 PA 289.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Ananich, Hollier, Bullock, Chang, Geiss, Irwin, Moss, Brinks, Wojno, Hertel, Polehanki and Bayer introduced
An act to protect the privacy of individuals that report certain incidents of law enforcement officer misconduct; to prohibit the disclosure of the identity of individuals that report certain incidents of law enforcement officer misconduct; to provide exceptions to the prohibition from disclosure; and to prescribe civil sanctions.
The
bill was read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senators Hollier, Bullock, Chang, Geiss, Irwin, Moss, Ananich, Brinks, Wojno, Hertel, Polehanki and Bayer introduced
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 11 (MCL 423.211).
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Runestad introduced
A bill to prohibit certain restraint tactics by law enforcement officers; and to provide exceptions to the prohibition.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Geiss, Bullock, Chang, Irwin, Moss, Ananich, Hollier, Brinks, Wojno, Hertel, Polehanki and Bayer introduced
A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending sections 4 and 6 (MCL 780.654 and 780.656), section 4 as amended by 2009 PA 11.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Johnson introduced
A bill to require law enforcement agencies to regulate law enforcement officers’ failure to intervene during the use of excessive force; to enable law enforcement agencies to impose certain disciplinary actions in instances of law enforcement officers’ failure to intervene during the use of excessive force; to provide for the adoption of certain policies; 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 Judiciary and Public Safety.
Senators Chang, Bullock, Geiss, Irwin, Ananich, Moss, Hollier, Brinks, Wojno, Santana, Hertel, Polehanki and Bayer introduced
A bill to require law enforcement agencies to adopt certain policies on the use of force by law enforcement officers; to require law enforcement agencies to update the use of force policies; 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 Judiciary and Public Safety.
Senators Irwin, Bullock, Chang, Geiss, Moss, Ananich, Hollier, Brinks, Wojno, Santana, Hertel, Polehanki and Bayer introduced
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending the title and sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b, 28.609c, and 28.609d), the title as amended by 1998 PA 237 and sections 9, 9b, 9c, and 9d as amended by 2018 PA 552, and by adding sections 9f and 9g.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator MacDonald introduced
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” (MCL 28.601 to 28.615) by adding section 11a.
The
bill was read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senators Bullock, Hollier, Chang, Geiss, Irwin, Ananich, Moss, Brinks, Santana, Wojno, Hertel, Polehanki and Bayer introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 483a (MCL 750.483a), as added by 2000 PA 451.
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 1978 PA 90, entitled “Youth employment standards act,” by amending section 2 (MCL 409.102), as amended by 1996 PA 438.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2015 PA 265.
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 Natural Resources.
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3a (MCL 15.263a), as amended by 2020 PA 254.
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 Agriculture.
Announcements of Printing and Enrollment
House Bill Nos. 4063 4088 4603
The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, May 20, and are available on the Michigan Legislature website:
Senate Bill Nos. 460 461 462 463 464 465 466 467 468 469 470 471 472
Senate Joint Resolution I
House Bill Nos. 4887 4888 4889 4890 4891 4892 4893 4894
Committee Reports
The Committee on Economic and Small Business Development reported
Senate Bill No. 129, entitled
A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” by amending the title and sections 3, 9, 10, and 23 (MCL 455.3, 455.9, 455.10, and 455.23), the title and section 3 as amended by 1982 PA 117.
With the recommendation that the bill pass.
Ken Horn
Chairperson
To Report Out:
Yeas: Senators Horn, VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic and Small Business Development reported
Senate Bill No. 437, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2017 PA 217.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Ken Horn
Chairperson
To Report Out:
Yeas: Senators Horn, VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic and Small Business Development reported
Senate Bill No. 459, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2014 PA 17.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ken Horn
Chairperson
To Report Out:
Yeas: Senators Horn, VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic and Small Business Development submitted the following:
Meeting held on Thursday, May 20, 2021, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Horn (C), VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss
The Committee on Health Policy and Human Services reported
Senate Bill No. 401, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766c (MCL 333.17766c), as amended by 2014 PA 216.
With the recommendation that the bill pass.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate Bill No. 402, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766f (MCL 333.17766f), as amended by 2014 PA 275.
With the recommendation that the bill pass.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate Bill No. 440, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 22224b.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate Resolution No. 51.
A resolution to observe May 16-22, 2021, as Emergency Medical Services (EMS) Week.
(For text of resolution, see Senate Journal No. 42, p. 706.)
With the recommendation that the resolution be adopted.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy and Human Services submitted the following:
Meeting held on Thursday, May 20, 2021, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Subcommittee –
Joint Capital Outlay – Wednesday, May 26, 4:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-2768
Elections – Wednesday, May 26, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Finance – Wednesday, May 26, 12:00 noon, Room 403, 4th Floor, Capitol Building (517) 373-5312
Health
Policy and Human Services – Thursday, May 27, 1:00 p.m., Senate
Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety – Thursday, May 27, 9:05 a.m., Room 403, 4th Floor, Capitol Building (517) 373-5312
Natural Resources – Wednesday, May 26, 8:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373‑5312
Regulatory Reform – Wednesday, May 26, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5314
Transportation and Infrastructure – Wednesday, May 26, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:49 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Wednesday, May 26, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate