STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Wednesday, October 13, 2021.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Lana Theis.
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 Kim LaSata of the 21st District offered the following invocation:
God of peace, we invite You to preside over this session. Even if we have differing opinions, give us the unity of spirit. Help us to listen and try to understand as others share their points of view. Help us to work as a unified body in deliberation for the greater good of the people of Michigan. May we have the spirit of comradery in this chamber and work together in our shared mission of service. Amen.
The Assistant President pro tempore, Senator Theis, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
Senate Bill No. 494, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8201, 8202, 8203, 8206, 8207, 8702, 8703, 8705, 8707, 8708, 8710, 8715, 8716, 8801, and 8807 (MCL 324.8201, 324.8202, 324.8203, 324.8206, 324.8207, 324.8702, 324.8703, 324.8705, 324.8707, 324.8708, 324.8710, 324.8715, 324.8716, 324.8801, and 324.8807), sections 8201, 8202, 8203, and 8207 as added by 2001 PA 176, section 8206 as amended by 2018 PA 237, sections 8702, 8703, 8707, 8708, 8710, 8715, 8716, and 8807 as amended by 2015 PA 118, section 8705 as amended by 2011 PA 2, and section 8801 as amended by 2011 PA 1; and to repeal acts and parts of acts.
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 bill be referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Shirkey offered the following concurrent resolution:
Senate Concurrent Resolution No. 20.
A concurrent resolution of tribute offered as a memorial for John A. “Jack” Welborn, former member of the House of Representatives and the Senate.
Whereas, It is with great sadness that the members of the Michigan Legislature learned of the passing of Jack Welborn. He served his constituents and the people of the entire state with great conviction and dedication during his time in the House and Senate; and
Whereas, Jack Welborn brought a wide range of public and private sector experience with him to Lansing. He spent two years in the Naval Reserve and, over the course of his life, was a dairy farmer, insurance agent, and volunteer firefighter. In 1966, Jack Welborn started his public service career when he was elected Cooper Township Supervisor. He also served as chairman of the Kalamazoo County Board of Supervisors, on the Gull Lake School Board, and as Kalamazoo Soil Conservation District Director; and
Whereas, Jack Welborn arrived in Lansing in 1973 to represent the people of Kalamazoo County in the Forty-seventh House District. When the area’s Senate seat became vacant the following year, the voters of the Twenty-first Senate District - encompassing parts of Cass, Kalamazoo, St. Joseph, and Van Buren counties - sent Jack Welborn across the Capitol in the summer of 1974, where he remained until 1982 when he ran for Governor. Following the death of his brother, who represented the Thirteenth Senate District, Jack Welborn signed up to serve the people of Barry, Ionia, Kalamazoo, and Montcalm counties as their senator in a 1985 special election. Those voters would elect him twice more, in 1986 and 1990; and
Whereas, While serving in the Legislature, Jack Welborn championed smaller government, deregulation, lower taxes, and pro-life causes. Despite his strongly held conservative views on many issues, he was able to find common ground with his colleagues across the aisle, championing bipartisan criminal justice and corrections reform while chairing Senate committees on those issues. He also supported issues back home, including saving the historic Kalamazoo Psychiatric Hospital Water Tower from demolition. Jack Welborn served on many committees in both chambers, including serving as chair of Senate committees on criminal justice and law, family law, corrections, urban affairs, and economic development and the Senate Select Committee on Export and Trade; serving as vice chair of Joint Committee on Administrative Rules; and being a member of Commerce; Regulatory Affairs; Appropriations and Retirement, including many subcommittees; Labor and Retirement; Municipalities and Elections; Finance; Constitutional Revision and Women’s Rights; Taxation; Tourist Industry Relations; and Youth and Student Participation. He introduced dozens of bills every session to push for measures important to his constituents, with a particular focus on mental health and issues affecting children; and
Whereas, After leaving Lansing in 1994, Jack Welborn returned to his family’s homestead farm where he grew up and opened an antique shop with his wife. He enjoyed time in his workshop and with his grandchildren during his retirement; and
Whereas, Jack Welborn was a committed and hardworking legislator who cherished his family. Upon his passing, we offer our condolences to his family and friends. We hope that they may find comfort in the knowledge that the community and state share in their bereavement and that the legacy of Jack Welborn’s contributions will long continue to enrich our state; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of John A. “Jack” Welborn, a member of the House of Representatives from 1973 to 1974 and a member of the Senate from 1974 to 1982 and 1985 to 1994; and be it further
Resolved, That copies of this resolution be transmitted to the Welborn family as evidence of our lasting esteem for his memory.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted by a unanimous standing vote of the Senate.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed.
Senator Shirkey’s statement is as follows:
Colleagues, I also want to add to the celebration and acknowledgement of one of our former colleagues that passed this past March. Senator Welborn was a man whose public service was the very definition of conservative. He knew what it meant to protect, in other words conserve what cannot be replaced, and he fought valiantly for those who are the least among us. Jack, a native of Kalamazoo, began his career in Lansing when he was first elected to the House of Representatives in 1972, he was later elected to the Senate in 1974, and, following a bid for Governor, he was re-elected in 1984. Jack was known for his work protecting the unborn with Right to Life, his efforts to conserve our natural environment, and for his success guarding the people against high taxes and big government. People, not politics were at the center of Jack’s work and he will be remembered as a principled and steadfast servant.
His legacy is a much needed reminder of
this day and age, where one of the most powerful and persuasive tools we wield
as legislators is integrity. As I already mentioned, we are joined today in the
north Gallery by his wife Dorothy of nearly 70 years, and a whole host of
children, grandchildren, and great-grandchildren that are watching live stream.
And, for you grandchildren and great-grandchildren, you can be very proud of
the legacy that your grandpa and your great-grandpa left and he would expect
you to follow in his footsteps and find some way to serve as your grandpa and
great-grandpa did. Jack leaves behind a long list of close relatives and
friends, many of whom, as you know, are now with us in the North Gallery. On
behalf of the Michigan Senate, I offer our condolences and our gratitude for
Senator Welborn, and to you specifically Dorothy, because nobody can serve in
this capacity without having somebody at home supporting them.
Senator McCann’s statement is as follows:
I’d like to welcome to the Michigan Senate and express my condolences to the family and friends of Senator Jack Welborn. I never met Senator Welborn—or his brother Robert, the other Senator Welborn from Kalamazoo County—but I understand that he was deeply committed to our community, and we are all grateful for his many years of public service to Cooper Township, Southwest Michigan, and the state of Michigan. Even though we never had an opportunity to work together, we shared many interests: increasing access to mental health services, preserving historic properties, serving our community, and a love of family. For any individual who serves that many years in public office, you know that their family and the people that love them serve in their own way too, always sharing their loved one’s time with the public and the issues of the day. For those of you here today to celebrate your husband, father, grandfather, uncle, friend, my heart goes out to you, thank you for joining us today.
Senator Nesbitt’s statement is as follows:
Thank you to the family of Senator Welborn for joining us today. Ten years ago during the redistricting process, my state House district picked up Cooper Township—Alamo and Cooper, and one of the first advice I got, I think from the madame Secretary, was you need to go visit Jack. And, there north of Parchment was the Welborn farm and antique shop filled with an array of items and it was something where it was always a pleasure to stop by there and get the advice and support of somebody who understands politics and understands what it means to serve. But, if you lived in Southwest Michigan and if you wanted to be active in Republican politics, you knew the journey included going to the Welborn farm. Senator Welborn was a man of strong beliefs—those who did not know him personally may have only heard his platform of limited government, low taxes and support of the unborn. However, he was more than a political platform—he was a man who cared deeply for others, about his community, about our nation and championed many causes that were not popular at that time.
Growing up on the family farm in Cooper Township, Jack Welborn was not afraid of fighting for what he believed in. If you know a dairy farmer, you know they’re not afraid of hard work and they’re not afraid to fight for what they believe in. He served our nation in the Naval Reserve, he represented a willingness to serve no matter what the cost. Volunteered as a firefighter and served on the Gull Lake school board. Should not come as a surprise to anyone when Senator Welborn announced that he was going to run in 1966 against a long-time incumbent supervisor, won that race. As a township supervisor he made a name for himself taking on the state by championing fair taxes and less government. In fact, Cooper Township prevailed, and later in his career, he would take this experience to the legislature where Tax Tribunal legislation was enacted in his first term in office.
It was often been said that Senator Welborn was a man ahead of his time. It has been said he led the conservative movement before there was a movement; that he was a Reagan conservative before President Reagan knew he was one. A man of conviction, he supported the unborn both in the legislature and in his volunteerism with the local Right to Life. He fought for transparency in millages. He voted for the Senate amendments that later created Proposal A.
But while it is easy to highlight his conservative leanings, Senator Welborn could not be defined as one dimensional. He worked hard with his colleagues on both sides of the aisle to champion issues that were not often discussed, let alone popular at that time: marijuana decriminalization, crime and prison reform, mental health services, supporting Vietnam veterans, we call it PTSD today, preservation of agricultural land, supporting a law school for Western Michigan University, housing and counseling services for young people, increasing access for mobility impaired people to buildings. Again, these are issues we are dealing with today and he was talking about these thirty years ago, forty years ago, a man ahead of his time.
Public service was never about Jack. It was about serving the state regardless of the issue. He gave up running for re-election so he could run for Governor. And when he lost, he went back to the family homestead content in his service. When his brother Robert passed away, he went on to serve as a state Senator for that district, Jack stepped up again and ran in a special election and filled his brother’s seat. He continued working on issues that impacted everyday people. After four decades of public service, in 1994, Senator Welborn returned home, running the family business, Welborn Antiques, on the family property with his beloved wife Dorothy. What a testament of love and faithfulness.
While Senator Welborn has lived a life in
the public eye, he left an imprint on both his community and his family. He was
credited with playing a key role in the preservation of the Colony Farm
orchard, Asylum Lake Preserve and the Kalamazoo Psychiatric Water Tower.
More importantly, he cherished his three children, Kayla, Kami and John and his
grandchildren, great-grandchildren, nieces and nephews. Senator Welborn is
remembered as a person of honesty, empathy and principles. I was fortunate to
know Senator Welborn and am better for having learned from him. With that,
thank you, may God bless you and your family and thank you for your continued
service.
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:22 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators Bullock, Hollier, Geiss, Ananich and Hertel entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 9 (MCL 325.1009), as amended by 2017 PA 91.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
House Bill No. 4295
The motion prevailed.
The following bill was read a third time:
House Bill No. 4295, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 402 (MCL 333.27402), as amended by 2018 PA 582.
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. 381 Yeas—35
Alexander Daley McBroom Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Hollier Moss Theis
Bizon Horn Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Zorn
Chang MacDonald Santana
Nays—1
Johnson
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to allow certain licensees to process, test, or sell industrial hemp; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in certain activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4712, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2021 PA 27.
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. 382 Yeas—29
Alexander Geiss MacDonald Schmidt
Ananich Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Horn Moss VanderWall
Brinks Irwin Outman Victory
Bullock LaSata Polehanki Wojno
Chang Lauwers Santana Zorn
Daley
Nays—7
Barrett Johnson Nesbitt Theis
Bumstead McBroom Runestad
Excused—0
Not Voting—0
In
The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Theis 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:
Senate Bill No. 578, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744e (MCL 333.17744e), as added by 2016 PA 383.
A bill to amend 1976 PA 390, entitled “Emergency management act,” (MCL 30.401 to 30.421) by adding section 7b.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17754a (MCL 333.17754a), as added by 2020 PA 134.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 579, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21528.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 11 after “funds” by striking out “or other money”.
2. Amend page 2, line 12 after “services” by striking out “remains” and inserting “remain”.
By unanimous consent the Senate proceeded to the order of
Statements
The
motion prevailed.
Senator VanderWall’s statement is as follows:
I stand here today to honor a Michigan native and a true American hero—Korean War veteran Corporal Duane Edgar Dewey, who passed away on October 11 at the age of 89. While serving in Korea, when he was 19 years old, Corporal Dewey was wounded by a grenade that exploded at his feet. As he was being treated by the Navy medical corpsmen, another grenade hit the ground beside them. Pulling the corpsmen to the ground and warning members of the nearby squad, Corporal Dewey flung himself on the grenade, reportedly shouting, Doc, I got it in my hip pocket. The grenade exploded, inflicting wounds throughout the lower part of his body. He also sustained a bullet wound to the stomach.
After treatment in Korea, Corporal Dewey was evacuated to the United States naval hospital in Japan; and then on to the naval hospital in Mare Island, California; and finally Great Lakes, Illinois. Following his recuperation at Great Lakes, he was released from active duty on August 19, 1952. On March 12, 1953, Corporal Dewey was the first person to receive the Medal of Honor from President Dwight David Eisenhower, who was reported to have said to him, You must have a body of steel. Dewey was also awarded the Purple Heart Medal, Navy Presidential Unit Citation, National Defense Service Medal, Korean Service Medal with two bronze service stars, and the United Nations Service Medal.
In 2014, the U.S. Postal Service honored him with a Korean War Medal of Honor stamp, and a special plaque was erected in his honor at the Veterans Memorial Park in Manistee in 2016. I am deeply honored to stand here before you and pay tribute to Corporal Dewey, a humble and true American hero who called Northern Michigan and the 35th District home for many years. He may have had a body of steel, but he had a heart of gold and he will be missed. I would now ask if we could observe a moment of silence for Corporal Duane Edgar Dewey in gratitude for his service and life to the United States and the state of Michigan.
A moment of silence was observed in memory of Duane Edgar Dewey, U.S. Marine Corps veteran and Medal of Honor recipient.
Senator MacDonald’s statement is as follows:
Colleagues, it is my great pleasure today to recognize a very important group that has not only made a lasting impact on me personally, but our state and our country as a whole. October is Filipino-American History Month and I am proud to stand here today and celebrate alongside of many, to recognize the contributions this community has made to both our state and our nation.
It is with sincere gratitude that we welcome this opportunity to salute the many ways in which the Filipino-American community has given rich culture based on family values, religion, work ethic, and community engagement. America is a melting pot, and America’s culture is a rich blend of many diverse backgrounds. By promoting awareness of Filipino-American contributions to social, economic, cultural, and political life in the United States, everyone can take great pride in these many contributions that the Filipino-American community has brought to all of us.
Colleagues, myself and Senator Wojno would like to welcome our guests, representing the Filipino-American community up in the east Gallery. I invite all of you to come to a reception out on the east lawn after session.
Senator Runestad’s statement is as follows:
The Internal Revenue Service already knows how much money that you make. Now, they want to know how much money you spend as well. The Biden administration and congressional Democrats have proposed a dangerous new requirement on banks to report every transaction on accounts over $600, every single transaction. It is couched as an effort to catch tax evaders and pay for the $3.5 trillion spending package, but this isn’t about making sure the wealthy are paying their fair share, this is about a power grab over the American lives of the American people in an attempt to pay for the government’s $3.5 trillion bust, back, broke plan.
And, this proposed plan also is going to hire 87,000 new IRS agents to create the financial police state with the mission of overtaxing and criminalizing ordinary Americans who don’t have the resources to fight back in court over ordinary transactions labeled suspicious by the executive branch. The exact wording of the proposal, published by the treasury, states that requirements would apply to all businesses and all personal accounts from financial institutions including banks, loans, investment accounts, with the exception of the accounts below a gross threshold below $600. This means that every time your family makes a purchase, goes on vacation, gets paid, the IRS is going to know about it. Paying for rent, making a car payment, cashing a check, if you haven’t been paying to this, well you ought to be.
In a letter sent to Congress last month, 23 state treasurers and auditors called the Biden policy one of the greatest infringements of data privacy in our nation’s history. The American Bankers Association said these new reporting requirements will create unnecessary and expensive burdens on banks and raise the cost of tax preparation for small businesses, but more importantly, they raise serious questions about our customers right to privacy. This proposed overreach isn’t just unnecessary, it is also incredibly dangerous. This would give the federal agents new sweeping powers to snoop in on your families personal finances, the proposed plan will seriously put your financial information at risk. For example, the IRS experiences 1.4 billion cyberattacks every year and has dealt with multiple data breaches.
Giving these bureaucrats even more financial data only puts American families more at risk. These proposed rules would also be a major burden on our local banks, credit unions, and financial institutions. Compliance costs for banks would run into the billions of dollars for new technology, computer equipment, software programming, new staff; big banks could probably afford this but local banks cannot. It is simply more overregulation and strangulation of our economy for no viable reason. So, why would the Biden administration continue to push this? What is the reason for making such a dangerous overstep? Well, they say that it’s about targeting high income tax dodgers, but the effect of this overreaching policy is more likely to target mainstream families and small business owners than trust-fund babies and hedge-fund managers.
The IRS’s investigation track record spells this out. A 2017 report by the Inspector General for tax administration found the IRS criminal investigation division regularly violated citizens’ rights and ignored their due process requirements. Retail, hotel, wholesale, service restaurants, other small businesses will be the prime targets of the IRS bank seizures and account freezing.
And in the end, it will be less about investigating any real tax violations. These investigations are less about collecting tax from the wealthy and more about interrogating our small businesses. The reality is that all of this is about the Biden administration’s massive tax-and-spend agenda. It is about more power concentrated in D.C. It is less about freedom, less about privacy—it’s about less freedom, less privacy, less opportunity; and more about the intrusion, more overreach, and more big government.
Announcements of Printing and Enrollment
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, October 13, for her approval the following bill:
Enrolled Senate Bill No. 280 at 9:08 a.m.
Advice and Consent – Thursday, October 14, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373‑5314
Appropriations – Wednesday, October 20, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Economic and Small Business Development – Thursday, October 14, 12:00 noon, Room 1200, Binsfeld Office Building and Tuesday, October 19, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373 1721
Health Policy and Human Services – Thursday, October 14, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Judiciary and Public Safety – Thursday, October 14, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
State Drug Treatment Court
Advisory Committee –
Tuesday, October 19, 10:00 a.m., Legislative Council Conference Room, 3rd
Floor, Boji Tower (517) 373-0212
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:47 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, October 14, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate