STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Tuesday, July 27, 2021.
10:00 a.m.
Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
Motions and Communications
The following communications were received and read:
Office of the Senate Majority Leader
July 15, 2021
Pursuant to Executive Order 2021-06, I submit the following individual to be appointed to the Task Force on Juvenile Justice Reform:
Senator Kim LaSata
Thank you in advance for your time. If you have any further questions, please feel free to contact my office at MikeShirkey@senate.michigan.gov or 517-373-5932.
July 15, 2021
Pursuant to MCL 125.2243, I submit the following nominee to be appointed by the Governor to the Michigan Early Stage Venture Corporation Board:
Mr. Tim Easterwood
2313 Pond Vallee Drive
Oakland, Michigan 48363
Thank you in advance for your time. If you have any further questions, please feel free to contact my office at MikeShirkey@senate.michigan.gov or 517-373-5932.
July 15, 2021
Pursuant to MCL 390.1665, I submit the following individual to be appointed to the Saginaw Promise Zone Authority Board:
Joyce Seals
2559 N. Woodbridge
Saginaw, Michigan 48602
Thank you in advance for your time. If you have any further questions, please feel free to contact my office at MikeShirkey@senate.michigan.gov or 517-373-5932.
Sincerely,
Mike Shirkey
16th Senate District
Senate Majority Leader
The
communications were referred to the Secretary for record.
The following communication was received:
Office of Senator Curtis Hertel Jr.
July 14, 2021
I am writing to request my addition in co-sponsorship for Senate Resolution 72, sponsored by Senator Schmidt.
Please feel free to contact me if you need any further information.
Sincerely,
Curtis Hertel Jr.
State Senator
District 23
The communication was referred to the Secretary for record.
The following communication was received:
County of Muskegon
July 21, 2021
Attached please find the Muskegon County Resolution Supporting Little River Band of Ottawa Indians Casino in Muskegon County adopted by the Muskegon County Board of Commissioners on July 19, 2021.
Linda Sue Schutter
Administrative Secretary
County Clerk’s Office
The communication was referred to the Secretary for record.
Messages from the Governor
The following messages from the Governor were received:
Date: July 15, 2021
Time: 12:54 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 28 (Public Act No. 65), being
An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on July 15, 2021, at 2:02 p.m.)
Time: 12:45 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 501 (Public Act No. 66), being
An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 28 (MCL 421.28), as amended by 2020 PA 229.
(Filed with the
Secretary of State on July 19, 2021, at 2:00 p.m.)
Time: 3:08 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 27 (Public Act No. 67), being
An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on July 27, 2021, at 9:18 a.m.)
Respectfully,
Gretchen Whitmer
Governor
The following messages from the Governor were received:
July 15, 2021
Today, I signed Enrolled Senate Bill 28 of 2021, which creates the post-acute auto injury provider relief fund.
I remain committed to ensuring that catastrophically injured Michiganders can access the care they need. My hope is that Senate Bill 28 can be a part of helping ensure that post-acute care providers can continue to help accident victims recover from their injuries. I also hope that the data submitted by providers under this act improves our understanding of the impact of no-fault insurance changes on the post-acute care provider industry.
Going forward, I ask this Legislature to continue to work to ensure that our most vulnerable have access to the care they are entitled to under their insurance policies.
Today I signed Senate Bill 27, sponsored by Senator Jim Stamas. This bipartisan bill is another example of what we can accomplish when we work together. I appreciate the good-faith efforts by members of the Legislature to utilize the federal funds we have to help Michigan’s recovery.
To provide direction regarding the implementation of this appropriations act, I note that section 203 is unenforceable for the reasons outlined in the transmittal letter attached to Senate Bill 748 of 2020.
I look forward to continuing our momentum to get more things done for our state, putting Michigan families and small businesses first as we build toward a robust recovery.
Sincerely,
Gretchen Whitmer
Governor
The following messages from the Governor were received and read:
July 22, 2021
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 180 of 1981, MCL 400.583:
Commission on Services to the Aging
Mrs. Euphemia P. Franklin of 8070 Warren Boulevard, Center Line, Michigan 48015, county of Macomb, succeeding Dona Wishart whose term expires July 28, 2021, appointed to represent Democrats, for a term commencing July 29, 2021 and expiring July 28, 2024.
Ms. Joy Murphy of 3234 Oxford Drive, S.E., Kentwood, Michigan 49512, county of Kent, succeeding Laura Kathleen LaTosch whose term expires July 28, 2021, appointed to represent Democrats, for a term commencing July 29, 2021 and expiring July 28, 2024.
Ms. Sandra M. Ramsey of 1549 Chateaufort Place, Detroit, Michigan 48208, county of Wayne, reappointed to represent Democrats, for a term commencing July 29, 2021 and expiring July 28, 2024.
Mr. Dennis H. Smith of 518 S. Lakeshore Boulevard, #2, Marquette, Michigan 49855, county of Marquette, succeeding Peter Lichtenberg whose term expires July 28, 2021, appointed to represent Independents, for a term commencing July 29, 2021 and expiring July 28, 2024.
Ms. Shirley A.
Tuggle of 118 Lakeway Drive, Battle Creek, Michigan 49037, county of Calhoun,
succeeding Linda Strohl whose term expires July 28, 2021, appointed to
represent Democrats, for a term commencing July 29, 2021 and expiring July 28,
2024.
July 22, 2021
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.301, 339.302, 339.303, and 339.902:
Collection Practices Board
Reverend Dallas Lenear of 4031 Timberland Drive, S.E., Grand Rapids, Michigan 49508, county of Kent, succeeding Terry Lutz whose term has expired, appointed to represent the general public, for a term commencing July 22, 2021 and expiring June 30, 2025.
Mr. Gregory S. Meyer of 195 Wainwright Street, Novi, Michigan 48377, county of Oakland, succeeding Thomas Oldani whose term has expired, appointed to represent professionals, for a term commencing July 22, 2021 and expiring June 30, 2025.
Mr. Mickey W. Putman, II of 2121 Sunnyside Drive, Cadillac, Michigan 49601, county of Wexford, succeeding Thomas Matonican whose term has expired, appointed to represent professionals, for a term commencing July 22, 2021 and expiring June 30, 2025.
July 22, 2021
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 227 of 1967, MCL 408.807:
Elevator Safety Board
Mr. Douglas N. Datema of 5248 Spaulding Boulevard, Grand Rapids, Michigan 49546, county of Kent, reappointed to represent manufacturers of elevators used in this state, for a term commencing July 23, 2021 and expiring July 22, 2025.
Mr. Joshua P. Jacobs of 13438 185th Avenue, Leroy, Michigan 49655, county of Osceola, succeeding Donald Purdie, Jr. who has resigned, appointed to represent manufacturers of elevators used in this state, for a term commencing July 22, 2021 and expiring July 22, 2023.
Mr. Nicholas W. Ottney of 2466 Ingalls Road, Leslie, Michigan 49251, county of Ingham, reappointed to represent insurance companies authorized to insure elevators in this state, for a term commencing July 23, 2021 and expiring July 22, 2025.
Mr. Michael B. Sullivan of 249 Shinnecock Drive, Brighton, Michigan 48114, county of Livingston, succeeding Michael Vandervennet whose term expires July 22, 2021, appointed to represent the elevator constructors’ union, for a term commencing July 23, 2021 and expiring July 22, 2025.
July 22, 2021
I respectfully submit to the Senate the following appointments to office pursuant to Initiated Law 1 of 1996, MCL 432.204:
Michigan Gaming Control Board
Mrs. Joni M. Thrower Davis of 1700 Lincolnshire Drive, Detroit, Michigan 48203, county of Wayne, succeeding Patrick McQueen whose term has expired, appointed to represent Democrats, for a term commencing July 22, 2021 and expiring December 31, 2023.
Ms. Linda Forte of 153 Keelson Drive, Detroit, Michigan 48215, county of Wayne, succeeding Carla Walker-Miller whose term has expired, appointed to represent Democrats, for a term commencing July 22, 2021 and expiring December 31, 2024.
Mrs. Deidre A. Lambert-Bounds of 2205 Mayflower, Troy, Michigan 48085, county of Oakland, succeeding Barbara Smith whose term has expired, appointed to represent Independents, for a term commencing July 22, 2021 and expiring December 31, 2024.
Mr. Andrew Palms of 10500 Scio Church Road, Chelsea, Michigan 48118, county of Washtenaw, reappointed to represent Democrats, for a term commencing July 22, 2021 and expiring December 31, 2023.
July 22, 2021
I respectfully submit to the Senate the following appointment to office pursuant to Public Act 407 of 2016, MCL 339.5303 and 339.6105:
State Plumbing Board
Mr. Timothy D. Danielak of 336 W. Brown Street, Beaverton, Michigan 48612, county of Gladwin, reappointed to represent a licensed journey plumber who has 10 years of experience as a journey plumber, for a term commencing July 31, 2021 and expiring July 30, 2024.
July 22, 2021
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.302, 339.303 and 339.2603:
Michigan Board of Real Estate Appraisers
Dr. Carolyn S.
Dale of 1313 Davitt Street, Sault Ste. Marie, Michigan 49783, county of
Chippewa, succeeding David Worthams whose term has expired, appointed to
represent the general public, for a term commencing July 22, 2021 and expiring
June 30, 2025.
Mr. Jake W. Lew of 31742 Southview Street, Beverly Hills, Michigan 48025, county of Oakland, succeeding Mark Jenkins whose term has expired, appointed to represent certified residential real estate appraisers, for a term commencing July 22, 2021 and expiring June 30, 2025.
Ms. Catherine Quayle of 144 N. Pearce Street, Gwinn, Michigan 49841, county of Marquette, succeeding Ronald Wheeler whose term has expired, appointed to represent certified residential real estate appraisers, for a term commencing July 22, 2021 and expiring June 30, 2025.
July 22, 2021
I respectfully submit to the Senate the following appointment to office pursuant to Public Act 299 of 1980, MCL 339.303 and 339.2402:
Residential Builders’ and Maintenance and Alteration Contractors’ Board
Mr. Nathan Demers of W14945 US-2, Engadine, Michigan 49827, county of Mackinac, succeeding William Tanasse who has resigned, appointed to represent licensed residential builders, for a term commencing July 22, 2021 and expiring March 31, 2022.
Respectfully,
Gretchen Whitmer
Governor
The appointments were referred to the Committee on Advice and Consent.
Pursuant to rule 3.104 the Senate proceeded to the order of
Messages from the House
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 309a.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Pursuant to rule 3.104 the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 750 (MCL 257.750), as amended by 2010 PA 226.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Theis, Barrett, Nesbitt, MacDonald, Runestad, Bumstead, Victory, Bizon, Daley, Outman, Lauwers and VanderWall introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121, and by adding section 1177b.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators Theis, Barrett, Nesbitt, Runestad, Bumstead, Victory, Bizon, Daley, Outman, Lauwers and VanderWall introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1136a and 1136b.
The bill was read a first and second time by title
and referred to the Committee on Education and Career Readiness.
Senators Barrett, Theis, Nesbitt, Runestad, Bumstead, Victory, Bizon, Daley, Outman and VanderWall introduced
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5111a.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators LaSata, Theis, Barrett, Nesbitt, Runestad, Bumstead, Victory, Bizon, Daley, Outman, Lauwers and VanderWall introduced
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 bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators Moss, Hertel, Geiss, Brinks, Ananich, Wojno, Bayer, Chang, Polehanki and McMorrow introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 484b and 956b.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senators McMorrow, Hertel, Moss, Geiss, Brinks, Ananich, Wojno, Bayer, Chang and Polehanki introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 473a and 960a.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senators Hertel, Moss, Geiss, Brinks, Ananich, Wojno, Bayer, Chang, McMorrow and Polehanki introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 484a and 956a.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senators Hollier, Hertel, Moss, Geiss, Brinks, Ananich, Wojno, Bayer, Chang, McMorrow and Polehanki introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 483b and 957a.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senators Irwin, Hertel, Moss, Geiss, Brinks, Ananich, Wojno, Bayer, Chang, Polehanki and McMorrow introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 482, 590h, 685, 957, and 958 (MCL 168.482, 168.590h, 168.685, 168.957, and 168.958), section 482 as amended by 2018 PA 608, sections 590h and 685 as amended by 2018 PA 650, and section 957 as amended by 2018 PA 120, and by adding sections 482f and 547; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senator Stamas introduced
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2021 PA 3 and section 17b as amended by 2007 PA 137.
The
bill was read a first and second time by title and referred to the Committee on
Appropriations.
Senator Stamas introduced
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2021 PA 3 and section 17b as amended by 2007 PA 137.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators MacDonald, Bizon, Wojno, Moss and VanderWall introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16101, 16141, and 16145 (MCL 333.16101, 333.16141, and 333.16145), sections 16141 and 16145 as amended by 1993 PA 80, and by adding section 16346 and part 183A.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 26 (MCL 169.226), as amended by 2019 PA 93.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 685a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Elections.
A bill to amend 1895 PA 3, entitled “The general law village act,” (MCL 61.1 to 74.25) by adding section 5b to chapter II.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The
bill was read a first and second time by title and referred to the Committee on
Elections.
Announcements of Printing and Enrollment
House Bill Nos. 4305 4425 4788
The Secretary announced that the following initiative petition was filed with the Secretary of State:
Unlock Michigan Legislative Initiative Petition
An initiation of legislation to repeal 1945 PA 302, entitled “An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,” (MCL 10.31 to 10.33).
(Filed with the Secretary of State on Thursday, July 15, 2021, at 2:20 p.m.)
The Secretary announced the enrollment printing and presentation to the Governor on Friday, July 16, for her approval the following bill:
Enrolled Senate Bill No. 501 at 10:37 a.m.
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, July 21, for her approval the following bills:
Enrolled Senate Bill No. 27 at 10:40 a.m.
Enrolled Senate Bill No. 60 at 10:42 a.m.
Enrolled Senate Bill No. 372 at 10:44 a.m.
Enrolled Senate Bill No. 459 at 10:46 a.m.
Enrolled Senate Bill No. 507 at 10:48 a.m.
Enrolled Senate Bill No. 508 at 10:50 a.m.
Enrolled Senate Bill No. 509 at 10:52 a.m.
The Secretary announced that the following bills, joint resolution, and resolutions were printed and filed on Thursday, July 15, and are available on the Michigan Legislature website:
Senate Bill Nos. 591 592 593 594 595 596 597 598
Senate Joint Resolution J
Senate Resolution Nos. 74 75 76
In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:06 a.m.
Pursuant to House Concurrent Resolution No. 11, the Secretary of the Senate declared the Senate adjourned until Wednesday, August 25, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate