No. 58

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2021

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, June 23, 2021.

 

10:00 a.m.

 

 

The Senate was called to order by the President pro tempore, Senator Aric Nesbitt.

 

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—excused

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 John Bizon, M.D. of the 19th District offered the following invocation:

Dear God, Creator and Sustainer of heaven and earth. This morning we come to You, the beneficent and merciful One, asking for Your wisdom to review the legislation before us, and to fulfill the other duties of our day in a way that will glorify You. Thank You for life, health, and strength, and we do not take these things for granted. Please bless each man and woman here in the assembly and their family members. Especially today we ask for faithfulness to our call as servants of our state and of this great nation, a nation founded on principles like no other. Today give us the humility to admit our mistakes and to forgive others. Give us the courage to stand for liberty and justice for all, even if it is not popular. And give us the faith to believe in You, the Jesus whose faithful love never ceases.

In Jesus’ name, Amen

 

The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Lauwers moved that Senator Stamas be temporarily excused from today’s session.

The motion prevailed.

 

Senator Lauwers moved that Senator Shirkey be excused from today’s session.

The motion prevailed.

 

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

The motion prevailed.

 

 

The following communication was received and read:

Office of the Auditor General

June 16, 2021

Enclosed is a copy of the following report:

•    Performance audit report on the Monitoring of Selected Child Welfare Caseloads, Michigan Department of Health and Human Services (431-2785-18).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

Senator Stamas entered the Senate Chamber.

 

Senator Lauwers moved that the Committee on Regulatory Reform be discharged from further consideration of the following bill:

Senate Bill No. 559, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 233, 537a, and 551 (MCL 436.1233, 436.1537a, and 436.1551), section 233 as amended by 2020 PA 126, section 537a as added by 2020 PA 125, and section 551 as added by 2020 PA 124.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

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

Senate Bill No. 559

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

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

House Bill No. 4603

House Bill No. 4945

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

 

 

Senator Lauwers moved that rule 3.902 be suspended to allow his guest admittance to the Senate floor.

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

 

Senators Ananich, Geiss and Hertel entered the Senate Chamber.

 

The President, Lieutenant Governor Gilchrist, assumed the Chair.

 

Senator Hollier entered the Senate Chamber.

 

 

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

The motion prevailed.

Senator Lauwers’ statement is as follows:

Colleagues, if you can remember back to when you first took office—for some, that was maybe 12 years ago; for most of us, six or eight years ago; and for a few, maybe even just the last two years—we came in somewhat blind, not knowing what LSB was or even what those letters stood for. We had ideas, we had plans, we all wanted to hit the ground running, but behind every great idea, great bill, and great law, is the Legislative Service Bureau.

I say all this because today we say goodbye to Michael L. Campana, director of the Legislative Service Bureau’s Research Services Division. Michael started out in 1999 as a science research analyst and returned as a research analyst in 2005 after a brief two-year stint in Rhode Island. Much of what Michael did was behind-the-scenes, researching our great ideas, drafting our resolutions, and analyzing a wide range of topics, but most notably, environmental issues. As a natural leader, Michael worked his way up within LSB. In 2014, he became director of the research division. Throughout his tenure, Michael focused on quality, factual, and timely client service. He is known for his commitment to the Legislature and the legislative process, and on passing on institutional knowledge to Senators, Representatives, and legislative staff.

In addition to his direct work with Senators and our staff, Michael’s team captures and documents the Legislature at important moments in time—upon entering a new term, throughout our tenure, documented in the Michigan Manual, farewell resolutions when we leave office, and memorial resolutions when a legislator passes. This ensures the history of the Legislature and of legislators are preserved.

Our world here in Lansing, in this building, on this floor debating and voting on our ideas and plans is made possible by the Legislative Service Bureau and people like Michael—the men and women behind the curtain. Michael, please accept this tribute as we honor your nearly 20 years of service. We wish you and your family all the best on your new adventure. Michael and his wife Julica and his daughters Aliana and Sofia—I guess Julica and Sofia are currently in the process of moving to Minnesota, that’s why they’re not here; his daughter Aliana is here in the Gallery—so please join me in thanking Michael, director of the Legislative Service Bureau’s Research Services Division. Congratulations, Michael.

 

 

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.

 

11:31 a.m.

 

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

The following communication was received:

Office of Senator Jim Ananich

June 23, 2021

I would like to request that my name be added as a co-sponsor to Senate Bill 556, a bill to amend the “Michigan trust fund act,” to include the northern Michigan tourism and sports fund.

                                                                                       Sincerely,

                                                                                       Jim Ananich

                                                                                       Senate Minority Leader

                                                                                       District 27

The communication was referred to the Secretary for record.

 

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 McCann as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4055, entitled

A bill to amend 1964 PA 208, entitled “An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program,” by amending sections 3 and 4 (MCL 390.973 and 390.974), section 3 as amended by 1980 PA 500 and section 4 as amended by 1986 PA 270.

 

 

House Bill No. 4056, entitled

A bill to amend 1966 PA 313, entitled “An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor,” by amending section 3 (MCL 390.993), as amended by 1980 PA 503.

 

 

House Bill No. 4516, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” (MCL 333.27951 to 333.27967) by adding section 11a.

 

 

House Bill No. 4517, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending sections 3 and 8 (MCL 333.27953 and 333.27958), as amended by 2020 PA 208.

 

 

House Bill No. 4740, entitled

A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 102 (MCL 333.27102), as amended by 2020 PA 207.

 

 

House Bill No. 4741, entitled

A bill to amend 2020 PA 220, entitled “Industrial hemp growers act,” by amending section 103 (MCL 333.29103), as amended by 2021 PA 4.

 

 

House Bill No. 4742, entitled

A bill to amend 2016 PA 282, entitled “Marihuana tracking act,” by amending section 2 (MCL 333.27902), as amended by 2018 PA 439.

House Bill No. 4743, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106), as amended by 2018 PA 642.

 

 

House Bill No. 4744, entitled

A bill to amend 2014 PA 547, entitled “Industrial hemp research and development act,” by amending section 2 (MCL 286.842), as amended by 2018 PA 641.

 

 

House Bill No. 4745, entitled

A bill to amend 2008 IL 1, entitled “Michigan Medical Marihuana Act,” by amending section 3 (MCL 333.26423), as amended by 2016 PA 283.

 

 

House Bill No. 4746, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 914b (MCL 436.1914b), as added by 2018 PA 346.

 

 

House Bill No. 4603, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3a (MCL 15.263a), as amended by 2020 PA 254.

 

 

Senate Bill No. 379, 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 18b (MCL 247.668b), as amended by 2002 PA 498.

The bills were placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4945, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311d (MCL 380.1311b and 380.1311d), section 1311b as amended by 2012 PA 620 and section 1311d as added by 1999 PA 23.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 8, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 18a.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 277, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509o and 510 (MCL 168.509o and 168.510), section 509o as amended by 2018 PA 126.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 302, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 495 (MCL 168.495), as amended by 2018 PA 603.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 311, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2012 PA 523, and by adding section 18a.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

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 bills, now on Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4055

House Bill No. 4056

House Bill No. 4945

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

 

 

The following bill was read a third time:

House Bill No. 4288, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 623 (MCL 206.30 and 206.623), section 30 as amended by 2020 PA 65 and section 623 as amended by 2014 PA 13, and by adding sections 254 and 675 and part 4.

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. 291                                           Yeas—29

 

 

Ananich                            Hollier                     McCann                                 Schmidt

Barrett                               Horn                        McMorrow                             Stamas

Bayer                                Johnson                   Moss                                     Theis

Bizon                                LaSata                     Nesbitt                                   VanderWall

Brinks                               Lauwers                  Outman                                  Victory

Bullock                             MacDonald              Polehanki                               Wojno

Bumstead                          McBroom                Runestad                                Zorn

Daley                                                                                                             

 

 

                                                                      Nays—6

 

 

Alexander                          Geiss                       Irwin                                      Santana

Chang                                Hertel                                                                   

 

 

                                                                   Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

Senator Lauwers moved that the bill be given immediate effect.

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

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

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4055, entitled

A bill to amend 1964 PA 208, entitled “An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program,” by amending sections 3 and 4 (MCL 390.973 and 390.974), section 3 as amended by 1980 PA 500 and section 4 as amended by 1986 PA 270.

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. 292                                           Yeas—34

 

 

Alexander                          Geiss                       McBroom                              Santana

Ananich                            Hertel                      McCann                                 Schmidt

Bayer                                Hollier                     McMorrow                             Stamas

Bizon                                Horn                        Moss                                     Theis

Brinks                               Irwin                       Nesbitt                                   VanderWall

Bullock                             Johnson                   Outman                                  Victory

Bumstead                          LaSata                     Polehanki                               Wojno

Chang                                Lauwers                  Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—1

 

 

Barrett                                                                                                            

 

 

                                                                   Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

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

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

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4056, entitled

A bill to amend 1966 PA 313, entitled “An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor,” by amending section 3 (MCL 390.993), as amended by 1980 PA 503.

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. 293                                           Yeas—33

 

 

Alexander                          Geiss                       MacDonald                            Santana

Ananich                            Hertel                      McBroom                              Schmidt

Bayer                                Hollier                     McCann                                 Stamas

Bizon                                Horn                        McMorrow                             Theis

Brinks                               Irwin                       Moss                                     VanderWall

Bullock                             Johnson                   Nesbitt                                   Victory

Bumstead                          LaSata                     Outman                                  Wojno

Chang                                Lauwers                  Polehanki                               Zorn

Daley                                                                                                             

 

 

                                                                      Nays—2

 

 

Barrett                               Runestad                                                              

 

 

                                                                   Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

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

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

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4945, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311d (MCL 380.1311b and 380.1311d), section 1311b as amended by 2012 PA 620 and section 1311d as added by 1999 PA 23.

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. 294                                           Yeas—26

 

 

Barrett                               Hollier                     McMorrow                             Schmidt

Bayer                                Horn                        Moss                                     Stamas

Bizon                                Johnson                   Nesbitt                                   Theis

Bullock                             LaSata                     Outman                                  VanderWall

Bumstead                          Lauwers                  Polehanki                               Victory

Daley                                MacDonald              Runestad                                Zorn

Geiss                                 McBroom                                                             

 

 

                                                                      Nays—9

 

 

Alexander                          Chang                      Irwin                                      Santana

Ananich                            Hertel                      McCann                                 Wojno

Brinks                                                                                                            

                                                                   Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 256, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2020 PA 29.

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.

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

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

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 438, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 9c of chapter IV (MCL 764.9c), as amended by 2020 PA 393.

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 pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Lauwers moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 295                                           Yeas—35

 

 

Alexander                          Daley                       MacDonald                            Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Stamas

Bayer                                Hollier                     McMorrow                             Theis

Bizon                                Horn                        Moss                                     VanderWall

Brinks                               Irwin                       Nesbitt                                   Victory

Bullock                             Johnson                   Outman                                  Wojno

Bumstead                          LaSata                     Polehanki                               Zorn

Chang                                Lauwers                  Runestad                               

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

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.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Bumstead offered the following resolution:

Senate Resolution No. 68.

A resolution to designate July 2021 as Michigan Wildlife Conservation Month.

Whereas, Michigan’s natural beauty, abundant wildlife, and plentiful waters are enjoyed from Belle Isle to Baraga by millions of residents and visitors and should be preserved and protected for future generations; and

Whereas, Hunters and anglers were among the first conservationists, pushing for active wildlife management and conservation to ensure wildlife flourishes for future generations; and

Whereas, Science-based wildlife management and conservation decisions such as actively enhancing habitat, monitoring wildlife populations, preventing the spread of disease, and regulating hunting and fishing seasons help balance our use of natural resources with the needs of Michigan’s wildlife; and

Whereas, As a result of these protections, regulations, and extensive conservation efforts, Michigan populations of white-tailed deer, grouse, Kirtland’s Warbler, and many other species have rebounded from near extirpation; and

Whereas, Michigan has approximately 11,000 inland lakes and 36,000 miles of rivers and streams which provide abundant wildlife habitat; and

Whereas, July 1, 2021, marks the eighty-third anniversary of the effective date for the Pittman-Robertson Federal Aid in Wildlife Restoration Act, which provides funding for wildlife management projects across the nation through the purchase of hunting equipment; and

Whereas, Hunting and fishing licenses provide tens of millions of dollars each year for wildlife conservation; and,

Whereas, Annually, hunters and anglers contribute $11.2 billion to Michigan’s economy and create 171,000 jobs, making these activities one of the state’s top 10 job-creating industries, according to a recent study by the Michigan United Conservation Clubs; and

Whereas, This year is also the eighth anniversary of the creation of the Michigan Wildlife Council, a bipartisan-approved panel entrusted with educating the public about the importance of wildlife management in preserving Michigan’s outdoor heritage for future generations; and

Whereas, In large part because of the council’s activities, more Michiganders than ever before are aware of the essential role hunting and fishing play in conserving, managing, and protecting Michigan’s wildlife; now, therefore, be it

Resolved by the Senate, That members of this legislative body designate July 2021 as Michigan Wildlife Conservation Month.

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.

The resolution was adopted.

Senator Bayer was named co-sponsor of the resolution.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Irwin introduced

Senate Bill No. 560, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 33, 35a, 36, 216, 217b, 636, 637, 657, 660, 679a, and 706 (MCL 257.2b, 257.33, 257.35a, 257.36, 257.216, 257.217b, 257.636, 257.637, 257.657, 257.660, 257.679a, and 257.706), section 2b as amended by 2016 PA 332, section 33 as amended by 2018 PA 391, sections 35a and 36 as amended by 2013 PA 231, section 216 as amended by 2020 PA 304, section 217b as amended by 2000 PA 82, section 636 as amended by 2020 PA 263, section 637 as amended by 2018 PA 280, section 657 as amended by 2018 PA 204, and section 660 as amended by 2018 PA 394, and by adding sections 655c and 801m.

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

 

 

Senator Irwin introduced

Senate Bill No. 561, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101 (MCL 500.3101), as amended by 2019 PA 21.

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

 

 

Senator Victory introduced

Senate Bill No. 562, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2020 PA 259.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

House Bill No. 4066, entitled

A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, manufacturing, or use of knives or components of knives.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4332, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2017 PA 199.

The House of Representatives has passed the bill 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.

House Bill No. 4364, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), as amended by 2020 PA 93.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4365, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2020 PA 306.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4366, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305), as amended by 2020 PA 94.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4434, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 2, 11, and 32b (MCL 421.2, 421.11, and 421.32b), section 2 as amended by 2011 PA 268, section 11 as amended by 2018 PA 72, and section 32b as amended by 2011 PA 269, and by adding section 32e.

The House of Representatives has passed the bill ordered that it be given immediate effect.

The bill was read a first and second time by title.

Senator LaSata 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.

 

 

House Bill No. 4462, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 266.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4521, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9123 (MCL 333.9123), as added by 1988 PA 487.

The House of Representatives has passed the bill ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

House Bill No. 4528, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 31, 683, and 730 (MCL 168.31, 168.683, and 168.730), section 31 as amended by 2012 PA 271, section 683 as amended by 2018 PA 120, and section 730 as amended by 1995 PA 261, and by adding section 730a.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

House Bill No. 4557, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2021 PA 19.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4558, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16307a.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4559, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 4a.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4560, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” (MCL 339.5101 to 339.6133) by adding section 417a.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4561, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2125, 3119, 4111, 4113, 4115, and 6137 (MCL 289.2125, 289.3119, 289.4111, 289.4113, 289.4115, and 289.6137), sections 2125 and 4113 as amended by 2015 PA 61, section 3119 as amended by 2018 PA 92, section 4111 as amended by 2016 PA 188, and section 6137 as amended by 2007 PA 114, and by adding section 4118.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4658, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 262a.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4724, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 539c (MCL 750.539c).

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4735, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 103.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

House Bill No. 4739, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 101.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4762, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 10251.

The House of Representatives has passed the bill ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

House Bill No. 4812, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2019 PA 116.

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

House Bill No. 4828, entitled

A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 51 (MCL 487.2171).

The House of Representatives has passed the bill ordered that it be given immediate effect.

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

 

 

Statements

 

 

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

The motion prevailed.

Senator Hollier’s statement is as follows:

On Monday, you’ll have seen the Supreme Court came back with a decision that was very important to me, that was very exciting. I have been the beneficiary of one legal settlement to date. I was written a check after I graduated from college—as many of you know, I played Division I football and ran track—and I got a check because my name, image, and likeness had been used in a video game, a video game that is no longer made. That video game is no longer made because once they realized they would have to pay athletes for the usage of their name, image, and likeness, the business model didn’t make sense for them because they would then have to negotiate, and they didn’t want to negotiate because that would say that me as a person—my name, image, and likeness—was valuable.

You will remember that last session, I introduced legislation to extend a similar level of protection to every Michigan resident, something that is critically important, something that still hasn’t happened yet. In the Supreme Court, it was a unanimous decision and I’m not typically quoting the concurring opinions of Justice Kavanaugh, but he went on to say that in no industry, no business, could a business model be sustained by saying it is critical to their business model by not paying the people who produce.

You will remember last week we celebrated Juneteenth, which was the end of chattel slavery. I am not saying that college athletes are dealing with anything like that. What I am saying is that as a country, as a nation, we are grappling with how do we fund and pay for things that people earn, to treat them in a manner that depicts and recognizes the value they produce. Our country was built on value-added proposition and we all know that the people who make college sports valuable are athletes and that the time they spend getting good at those gifts, that by and large God gave them, it’s fleeting. It’s a very limited amount of time. Some people say, Well, they get the benefit of an education. So does the person who plays the trombone or marches in the band or sings in the choir or does any other thing. It’s just only athletes are precluded from earning based on who they are, from their name, image, and likeness, from getting a job because somebody likes what they do on the field. In this case, that was one of the things that now can change, so you could now hire one of those athletes and say it’s because you like them as a person, because you value what they do and the contributions and sacrifices they made. You couldn’t do that before, so if you went and said, Hey, I’m a big Spartans fan and I want to hire so-and-so to be in my office and work because they want to get into politics afterward, you could not have done that because the NCAA prevented it.

As we look forward and think about all the things this body has to do, as we talk about it, it is going to be critically important that we find more ways and more space to empower people to earn based on who they are. Though the case on Monday was about college sports, the same thing is true about high school students, about middle school kids, and all the like, because no one says to Britney Spears or Justin Bieber, You’re just a kid, you can’t make any money, you should just sing in the school choir. No, they get to be Disney kids, they get to do all of those things and make real life-changing impacts. All of our student-athletes should get that same opportunity and to be people. That hasn’t happened, but as a body we get a chance to do that. It is a growing shift across all the country to empower people to own their name, image, and likeness. When you wonder what your name, image, and likeness is, that is your face, your name, how you play, how you act, and all those kinds of things that you think would just be yours, but when you sign up to play college athletics or plan to play college athletics, you have to sign away those things as a high school athlete, as a college athlete, and in no other business do we require that same level of sacrifice and say, It’s because we believe in the spirit of the game, or, The game will be different if people get paid. This isn’t even talking about paying them to play the sport; this is about allowing them to be paid for using their name, using their image, and using the thing that God gave them the right to do.

Mr. President, I’d ask that my remarks be printed in the Journal and that my colleagues look forward to coming legislation to again increase the capacity for young folks to earn from their name, image, and likeness.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 17:

House Bill Nos.     4066   4332   4364   4365  4366   4434   4521   4528   4557  4558   4559   4560 4561       4735        4739        4762        4812        4828

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 23:

House Bill Nos.     4462   4658  4724

 

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 22, for her approval the following bills:

Enrolled Senate Bill No. 440 at 10:36 a.m.

Enrolled Senate Bill No. 37 at 10:38 a.m.

Enrolled Senate Bill No. 155 at 10:40 a.m.

Enrolled Senate Bill No. 156 at 10:42 a.m.

 

The Secretary announced that the following bills and resolutions were printed and filed on Thursday, June 17, and are available on the Michigan Legislature website:

Senate Bill Nos.      547    548    549    550    551    552    553    554    555    556    557    558   559

Senate Resolution Nos.      66      67

House Bill Nos.     5053   5054   5055   5056  5057   5058   5059   5060   5061  5062   5063   5064 5065       5066        5067        5068        5069        5070                               5071  5072

 

The Secretary announced that the following bills were printed and filed on Tuesday, June 22, and are available on the Michigan Legislature website:

House Bill Nos.     5073   5074   5075   5076  5077   5078   5079   5080   5081  5082   5083   5084 5085       5086        5087        5088        5089        5090                               5091  5092

Committee Reports

 

 

The Committee on Agriculture reported

House Bill No. 4603, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3a (MCL 15.263a), as amended by 2020 PA 254.

With the recommendation that the bill pass.

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

                                                                                       Kevin Daley

                                                                                       Chairperson

To Report Out:

Yeas: Senators Daley, Victory, Lauwers, Polehanki and Brinks

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Agriculture submitted the following:

Meeting held on Thursday, June 17, 2021, at 8:30 a.m., Room 1200, Binsfeld Office Building

Present: Senators Daley (C), Victory, Lauwers, Polehanki and Brinks

 

 

The Committee on Economic and Small Business Development reported

House Bill No. 4063, entitled

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.

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.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic and Small Business Development submitted the following:

Meeting held on Thursday, June 17, 2021, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Horn (C), VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss

 

 

The Committee on Local Government reported

Senate Bill No. 258, entitled

A bill to amend 1963 PA 247, entitled “An act to define the term “newspaper” as used in the statutes of this state regarding publication of notices,” by amending section 1 (MCL 691.1051).

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

                                                                                       Dale W. Zorn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Zorn, Johnson, Daley, Alexander and Moss

Nays: None

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

The Committee on Local Government reported

Senate Bill No. 259, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1461 (MCL 600.1461); and to repeal acts and parts of acts.

With the recommendation that the bill pass.

                                                                                       Dale W. Zorn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Zorn, Johnson, Daley, Alexander and Moss

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Local Government submitted the following:

Meeting held on Thursday, June 17, 2021, at 2:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Zorn (C), Johnson, Daley, Alexander and Moss

 

 

The Committee on Health Policy and Human Services reported

Senate Bill No. 521, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20904, 20908, and 20910 (MCL 333.20904, 333.20908, and 333.20910), section 20904 as amended by 2000 PA 375, section 20908 as amended by 2004 PA 581, and section 20910 as amended by 2006 PA 582, and by adding section 20917b.

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.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Health Policy and Human Services submitted the following:

Meeting held on Thursday, June 17, 2021, at 1:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

 

 

The Committee on Education and Career Readiness reported

House Bill No. 4945, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311d (MCL 380.1311b and 380.1311d), section 1311b as amended by 2012 PA 620 and section 1311d as added by 1999 PA 23.

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.

                                                                                       Lana Theis

                                                                                       Chairperson

To Report Out:

Yeas: Senators Theis, Horn, Runestad, Daley, Polehanki and Geiss

Nays: None

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

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education and Career Readiness submitted the following:

Meeting held on Wednesday, June 23, 2021, at 9:00 a.m., Room 1100, Binsfeld Office Building

Present: Senators Theis (C), Horn, Runestad, Daley, Polehanki and Geiss

 

 

Scheduled Meetings

 

 

Health Policy and Human Services Thursday, June 24, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-5323

 

Judiciary and Public Safety Thursday, June 24, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

 

Senator LaSata moved that the Senate adjourn.

The motion prevailed, the time being 12:19 p.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Thursday, June 24, 2021, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate