STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Wednesday, March 2, 2022.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Alexander—present Horn—present Polehanki—present
Ananich—present Huizenga—present Runestad—present
Barrett—present Irwin—present Santana—excused
Bayer—present Johnson—present Schmidt—present
Bizon—present LaSata—present Shirkey—present
Brinks—present Lauwers—present Stamas—present
Bullock—excused MacDonald—present Theis—present
Bumstead—present McBroom—present VanderWall—present
Chang—present McCann—present Victory—present
Daley—present McMorrow—present Wojno—present
Geiss—present Moss—present Wozniak—present
Hertel—present Nesbitt—present Zorn—present
Hollier—present Outman—present
Senator Ed McBroom of the 38th District offered the following invocation:
Your word, Father, tells us that we should “add to [our] faith goodness; and to goodness, knowledge; and to knowledge, self-control; and to self-control, perseverance; and to perseverance, godliness; and to godliness, mutual affection; and to mutual affection, love. For if [we] possess these qualities in increasing measure, they will keep [us] from being ineffective and unproductive in [the] knowledge of our Lord Jesus Christ. But whoever does not have them is nearsighted and blind, forgetting that they have been cleansed from their past sins.”
We desire, Father, to help and to serve the people of Michigan. Thank You for Your clear instructions to us on how to be effective and productive. Help us not to just claim our faith binds You to help us, but instead help us to add goodness, self-control, perseverance, godliness, affection, and love to all of our efforts and give us the wisdom to know these things in truth. Father, Your word is truth. Help us to serve each other and the people of Michigan. Help us to know how to help these people. Help us to serve them as Your word commands, to reach out to widows and orphans, the outcast, the poor, the prisoner. Father, help us to be a people of love and service to those around us.
I pray this in Jesus’ name. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Moss entered the Senate Chamber.
Senator Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators Bullock and Santana be excused from today’s session.
The motion prevailed.
Senator Ananich entered the Senate Chamber.
The following communications were received and read:
Office of the Senate Majority Leader
March 1, 2022
Pursuant to MCL 752.993(1)(c), I respectfully submit the following nominee to be appointed to the Human Trafficking Health Advisory Board:
Dena Nazer, MD FAAP
Kids-TALK Children’s Advocacy Center
40 E. Ferry Street
Detroit, Mich. 48202
Thank you in advance for your time. If you have any questions, please feel free to contact my office.
March 1, 2022
Pursuant to MCL 390.1665, I submit the following individual to be appointed to the Mason County Promise Zone Authority Board:
Vic Burwell
5386 W. Riverside Lane
Ludington, Mich. 49431
Please contact my office if you have any questions.
Sincerely,
Mike Shirkey
16th Senate District
Senate Majority Leader
The communications were referred to the
Secretary for record.
Senate Bill No. 714, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2021 and September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senate Bill No. 714
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 739, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161 and 166 (MCL 389.161 and 389.166), section 161 as amended by 2015 PA 130 and section 166 as added by 2008 PA 359.
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 164 (MCL 389.164), as amended by 2018 PA 376.
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 162 (MCL 389.162), as amended by 2015 PA 130.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
The motion prevailed.
Senate Bill No. 801, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3 and 11 (MCL 388.1603 and 388.1611), section 3 as amended by 2020 PA 165 and section 11 as amended by 2021 PA 48, and by adding section 78.
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.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Zorn offered the following resolution:
Senate Resolution No. 112.
A resolution to recognize March 2022 as Colorectal Cancer Awareness Month.
Whereas, According to the American Cancer Society, colorectal cancer is the third leading cause of cancer-related deaths in men and women; and
Whereas, In 2021, an estimated 151,030 people were diagnosed with colorectal cancer and there were approximately 53,000 deaths; and
Whereas, In 2022, colorectal cancer is expected to cause about 52,580 deaths; and
Whereas, Colorectal cancer is one of the few cancers that can be prevented with timely screening to find and remove pre-cancerous polyps; and
Whereas, The National Colorectal Cancer Roundtable (NCCRT) strives to increase timely colorectal cancer screening rates to 80 percent for all eligible Americans; and
Whereas, It is critical that people of all ages recognize the signs and symptoms of the disease; and
Whereas, Observing Colorectal Cancer Awareness Month during March provides a special opportunity to offer education on the importance of early detection and screening; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize March 2022 as Colorectal Cancer Awareness Month and urge all citizens to observe this important occasion.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Chang, LaSata, Polehanki and Wojno were named co-sponsors of the resolution.
The motion prevailed.
Senator Zorn’s statement is as follows:
I rise in support of my resolution to recognize March as Colorectal Cancer Awareness Month in our state. According to the American Cancer Society, colorectal cancer is the third-leading cause of cancer-related deaths in men and women. Colorectal cancer is expected to cause just over 52,000 deaths during this year. Last year, over 151,000 people were diagnosed with the disease and even more are expected to be diagnosed this year.
Colorectal cancer is one of the few cancers that can be prevented with timely screenings to find and remove precancerous polyps. According to the National Cancer Institute, since the 1990s the rate of colorectal cancer has more than doubled among adults younger than 50. Not only that, but younger people are dying from this disease. This rapid increase in younger adults is especially concerning because the rate of colorectal cancer has gone down among older adults. It is critical for all ages to be recognizing the signs and symptoms of the disease.
This is especially true for a former staffer of mine and Senator Shirkey and someone whom we all know. A few days before her 29th birthday, Bel Martin was diagnosed with stage 3 colon cancer. She underwent multiple surgeries and 13 rounds of chemotherapy to beat the cancer. Bel is with us today in the Gallery. Our prayers were answered as she is doing well, but it really underscores the importance that colorectal cancer can affect all ages of people and it is important to pay attention to the signs and symptoms of this disease.
Observing Colorectal Cancer Awareness Month during the month of March provides a special opportunity to offer education on the importance of early screening and detection as the first step in eradicating this disease is raising awareness.
Thank you, Mr. President. I urge adoption of the resolution.
Senator Polehanki’s statement is as follows:
I want to thank the Senator from the 17th District for his resolution to make March Colorectal Cancer Awareness Month. Two years ago, I lost a very important person to me to colorectal cancer. To my knowledge, this person had never had a colonoscopy and I have to believe that if she had, she might still be here. This is not a cancer that—all cancer is bad, but this one is especially excruciating in terms of pain.
I really appreciate the Senator’s
resolution; I will be voting “yes.”
Senators Hollier, Barrett and Bayer offered the following resolution:
Senate Resolution No. 113.
A resolution to urge President Joe Biden and the Congress of the United States to facilitate the resettlement of Ukrainian refugees and to urge Governor Gretchen Whitmer to assist in resettling refugees in Michigan.
Whereas, On February 24, 2022, the Russian military launched a full-scale military assault on Ukraine. As troops invaded the country, Russia launched other military attacks, including bombing major Ukrainian cities; and
Whereas, As the Ukrainian military has valiantly defended their homeland, the fighting has created a humanitarian crisis among the country’s civilians. Less than a week into the conflict, hundreds of thousands of Ukrainian refugees have fled to other countries. It has been estimated that this figure may climb to several million; and
Whereas, These Ukrainian refugees have numerous needs that must be met. Fleeing their homes, they need access to housing, education, healthcare, and other basic needs. Taking in and supporting the refugees is paramount to limiting the damage done by Russia’s violence; and
Whereas, As a world leader in standing up against oppression, the United States has an obligation to commit itself to supporting Ukrainian refugees, including facilitating their resettlement. As Ukraine’s neighbors may be overwhelmed by the scale of the crisis, the federal government should take action to ensure the refugees are able to be resettled in the United States; and
Whereas, Michigan must also do its part in addressing this global crisis. Our state must stand ready to do its part in supporting refugees fleeing wars of aggression; now, therefore, be it
Resolved by the Senate, That we urge President Joe Biden and the Congress of the United States to facilitate the resettlement of Ukrainian refugees; and be it further
Resolved, That we urge Governor Gretchen Whitmer to assist in resettling some Ukrainian refugees in Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Michigan congressional delegation, and the Governor.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Chang, Geiss and Wojno were named co-sponsors of the resolution.
The motion prevailed.
Senator Hollier’s statement is as follows:
The UN now expects 830,000 refugees. In Europe, there are some border crossings that the wait is 60 hours. More than three days. The UN estimates between 1 and 5 million people will become refugees as a result of this crisis that was created by Russian aggression. Over a million people in the United States are of Ukrainian ancestry per the 2019 census and we recognize that the majority of refugees will be women and children. So I thank you for standing up against Russian oppression, for standing up for people because every soldier and person who was lifting up their arms need to know that their family has a safe space to be because that is what we’re talking about. We’re talking about saying that while you are out defending your nation, that your children, that your mother, your grandfather, your grandmother, your nieces and nephews have a safe space to be. And in Michigan, we are saying that is here. That we are saying to our neighbors, to our friends, These are people we are welcoming. That we are committed to having you because Michigan has always been a state that has stood up.
During the Civil War we sent more soldiers
than any other state. During World War II we were the arsenal of democracy
because we went to work to make sure that we won the war. And the thing that we
can do today, more than anything else, is to make sure that people who are on
the front lines digging trenches, in foxholes, making Molotov cocktails, doing
all the things necessary to win, that they don’t have to worry about the people
they love the most. That they have a safe space where they aren’t starving,
because that’s what is going on. There’s a shortage of food, there’s a shortage
of resources, and we don’t have those things here in Michigan because we are a
place that does things, that build things, that make things, that grow things,
and there is no place better in this country, in this world to say, Come here
because we will take care of you.
That’s what we are doing in this space. We are saying to the President, to the U.S. Congress, to the Governor, Say yes, say yes to refugees, say yes to resettlement, say yes to now. So I am very excited about this chamber stepping up and being one of the first states in the country to say that we want to support the Ukrainian people by allowing them to come. So colleagues, I ask for your support on this very important resolution today.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 101, 104b, and 104c (MCL 388.1606, 388.1701, 388.1704b, and 388.1704c), sections 6, 101, and 104c as amended by 2021 PA 48 and section 104b as amended by 2018 PA 265.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators Bayer, Theis, Polehanki, Brinks, Irwin, McMorrow, Wojno, Hertel, Moss, Alexander, McCann, Hollier and Geiss introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249, 1249b, 1279g, and 1280g (MCL 380.1249, 380.1249b, 380.1279g, and 380.1280g), section 1249 as amended by 2019 PA 6, section 1249b as amended by 2019 PA 5, section 1279g as amended by 2016 PA 170, and section 1280g as added by 2018 PA 601, and by adding section 1280h.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senator McCann introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2021 PA 149.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators Huizenga, Hollier and VanderWall introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 79d (MCL 257.79d), as added by 2003 PA 315.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator Victory introduced
A bill to amend 1945 PA 47, entitled “An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 331.9), as amended by 1990 PA 69.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
Senators Chang, Geiss, Wojno, Polehanki, Alexander, Irwin, Brinks, Moss, Bayer, Ananich, McCann, Hertel and Wozniak introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157a (MCL 500.3157a), as added by 2019 PA 21.
The bill was read a first and second time by title and referred to the Committee on Insurance and Banking.
Senators Geiss, Chang, Polehanki, Alexander, Irwin, Brinks, Moss, Bayer, Ananich, McCann, Hertel and Wozniak introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21.
The bill was read a first and second time by title and referred to the Committee on Insurance and Banking.
Senators McMorrow, Chang, Geiss, Wojno, Polehanki, Alexander, Irwin, Brinks, Moss, Bayer, Ananich, McCann, Hertel and Wozniak introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21.
The bill was read a first and second time by title and referred to the Committee on Insurance and Banking.
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
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 Appropriations.
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as amended by 2011 PA 89.
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 Families, Seniors, and Veterans.
By unanimous consent the Senate returned to the order of
Messages from the House
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 51, and 623 (MCL 206.30, 206.51, and 206.623), section 30 as amended by 2022 PA 5, section 51 as amended by 2020 PA 75, and section 623 as amended by 2021 PA 135, and by adding section 277.
The House of Representatives has substituted
(H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1967 PA 281, entitled “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,” by amending sections 30 and 51 (MCL 206.30 and 206.51), section 30 as amended by 2022 PA 5 and section 51 as amended by 2020 PA 75, and by adding section 277.
Pursuant to rule 3.202, the bill was laid over one day.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
House Bill No. 5295
The motion prevailed.
The following bill was read a third time:
House Bill No. 5295, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 904 (MCL 450.4904), as amended by 2013 PA 131.
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. 48 Yeas—36
Alexander Geiss MacDonald Schmidt
Ananich Hertel McBroom Shirkey
Barrett Hollier McCann Stamas
Bayer Horn McMorrow Theis
Bizon Huizenga Moss VanderWall
Brinks Irwin Nesbitt Victory
Bumstead Johnson Outman Wojno
Chang LaSata Polehanki Wozniak
Daley Lauwers Runestad Zorn
Nays—0
Excused—2
Bullock Santana
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 provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5296, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 284 (MCL 450.1284), as amended by 2013 PA 132.
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. 49 Yeas—36
Alexander Geiss MacDonald Schmidt
Ananich Hertel McBroom Shirkey
Barrett Hollier McCann Stamas
Bayer Horn McMorrow Theis
Bizon Huizenga Moss VanderWall
Brinks Irwin Nesbitt Victory
Bumstead Johnson Outman Wojno
Chang LaSata Polehanki Wozniak
Daley Lauwers Runestad Zorn
Nays—0
Excused—2
Bullock Santana
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 provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5252, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 475 (MCL 168.475), as amended by 1999 PA 219.
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. 50 Yeas—36
Alexander Geiss MacDonald Schmidt
Ananich Hertel McBroom Shirkey
Barrett Hollier McCann Stamas
Bayer Horn McMorrow Theis
Bizon Huizenga Moss VanderWall
Brinks Irwin Nesbitt Victory
Bumstead Johnson Outman Wojno
Chang LaSata Polehanki Wozniak
Daley Lauwers Runestad Zorn
Nays—0
Excused—2
Bullock Santana
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”
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 Runestad as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4563, entitled
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” by amending section 46 (MCL 791.246), as added by 1982 PA 314.
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 527a (MCL 206.527a), as amended by 2018 PA 309.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 714, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
Substitute (S-1).
Senate Bill No. 597, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 105d and 109f (MCL 400.105d and 400.109f), section 105d as amended by 2018 PA 208 and section 109f as amended by 2017 PA 224.
Substitute (S-3).
Senate Bill No. 598, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100d, 116, 151, 153, 165, 202, 204, 204b, 206, 207, 207a, 208, 209a, 209b, 210, 226, 227, 232, 270, 271, 274, 275, 287, 409, 705, 713, 748, 752, 754, 755, and 972 (MCL 330.1100d, 330.1116, 330.1151, 330.1153, 330.1165, 330.1202, 330.1204, 330.1204b, 330.1206, 330.1207, 330.1207a, 330.1208, 330.1209a, 330.1209b, 330.1210, 330.1226, 330.1227, 330.1232, 330.1270, 330.1271, 330.1274, 330.1275, 330.1287, 330.1409, 330.1705, 330.1713, 330.1748, 330.1752, 330.1754, 330.1755, and 330.1972), section 100d as amended by 2020 PA 99, section 116 as amended by 1998 PA 67, section 151 as amended by 2021 PA 21, sections 153, 206, 209a, 209b, 232, and 752 as amended and sections 207, 227, 705, 713, and 755 as added by 1995 PA 290, section 165 as amended by 2021 PA 22, section 202 as amended by 2016 PA 320, section 204 as amended by 2012 PA 376, section 204b as added by 2002 PA 594, section 207a as added by 2014 PA 28, sections 208 and 210 as amended and sections 270, 271, 274, 275, and 287 as added by 2012 PA 500, section 226 as amended by 2014 PA 266, section 409 as amended and section 972 as added by 2020 PA 402, section 748 as amended by 2016 PA 559, and section 754 as amended by 2006 PA 604, and by adding sections 203, 760, and 761; and to repeal acts and parts of acts.
Substitute (S-3).
House Bill No. 4562, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33e (MCL 791.233e), as amended by 2018 PA 339.
Substitute (S-1).
Senate Bill No. 195, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 691 (MCL 206.691), as amended by 2014 PA 14.
Substitute (S-1).
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Moss’ statement is as follows:
Today—in fact, right now—Attorney General Dana Nessel is arguing before the Michigan Supreme Court that Michigan’s Elliott-Larsen Civil Rights Act must include protections for those who experience discrimination based on their sexual orientation or gender identity. This case is being heard because this Legislature has failed to act on the many opportunities to clarify the full scope of this act—to prevent discrimination against a person in the workplace, in housing, or public accommodation based on who they are and how they identify. If someone faces discrimination—they’re fired, evicted, or kicked out of a public place—they can appeal to the Civil Rights Commission to launch an investigation and seek remedies for that discrimination, but for 40 years LGBTQ Michiganders were denied access to even have their discrimination considered for an investigation.
I’ve introduced legislation since taking office including Senate Bill No. 208 last year to explicitly include sexual orientation and gender identity as protected classes in this act, and we’re growing momentum to pass this bill. But last year, the campaign rhetoric in a Senate special election attacked our efforts, saying the—quote—LGBTQ+ political agenda is against—quote—pro-traditional family values. That’s the most pointed attack against our community since I first ran for the Legislature in 2014, when Elliott-Larsen’s biggest opponents and the biggest champions for family values were Lee Chatfield, Todd Courser, and Cindy Gamrat. I’d put my family values over those any day of the week.
The attacks went on to say that—quote—supporting this legislation is not a vote against discrimination but a vote for the liberal LGBTQIA+ political agenda. What a radical agenda, to keep people in Michigan housed and employed. I take that insult personally, both as a gay person and as the sponsor of this legislation, impugning my motivations for introducing it. Discrimination against the LGBTQ community is very real. The ACLU of Michigan, through its LGBT Project, reports having received 113 complaints of LGBTQ discrimination during the period of April 2009 through January 2019; and Equality Michigan’s Victim Services Program, which provides survivor support services to LGBTQ people who have experienced violence, discrimination, and harassment due to their sexual orientation or gender identity, reports having received more than 350 complaints of such incidents between 2013 and 2016.
Here’s just some of those claims collected
here in the state of Michigan that could have been addressed had we took action
to clarify Elliott-Larsen, people who have essentially been kicked out of
Michigan’s economy as workers and consumers—a lesbian employee at a pizza place
was denied a supervisory promotion because she was told she looked and acted
too masculine, a gym trainer alleged termination from a gym due to his sexual
orientation, an employee at a pharmacy was reprimanded by his supervisor for
mentioning that he was gay in the workplace, a lesbian couple was told by a
hotel that they could not have their civil commitment ceremony there, a
transgender person was given parole conditions that stated she cannot present
as female during the parole period, a postal worker alleged termination from
her job due to her sexual orientation, an employee at a utility company alleged
she was suspended from work because she filed complaints against her three
managers regarding negative comments about her sexual orientation, a school
district refused to allow a Gay–Straight Alliance to have access to the hallway
bulletin board while other non-curricular clubs were permitted to keep their
displays up, a gay man was kicked out of a Coney Island because the owner
didn’t want faggots in his restaurant, an auto line worker complained of a hostile
work environment after negative comments were made regarding her sexual
orientation by other employees, a college professor was denied tenure which he
believed was because of his sexual orientation, students at a Gay–Straight
Alliance were not permitted to advertise in the school newspaper, a transgender
employee at a grocery store was harassed by other employees and management
failed to take action, a special education teacher was harassed in her job
because of her sexual orientation, a middle school student was harassed and
regarded as gay and the school failed to take action, a transgender school
district employee was having problems with his supervisor because of his gender
identity.
The President, Lieutenant Governor Gilchrist, resumed the Chair.
Senator Geiss’ statement is as follows:
While we stand with Ukraine and their defending democracy amidst an unprovoked attack upon their country, we must also condemn the ill treatment of African nationals who have been amongst those fleeing war-torn Ukraine. We must also stand with the African Union and its condemnation of the refusal by Ukraine’s neighboring countries to admit African nationals who, like Ukrainian citizens themselves, are fleeing from the strife. The irregular and inequitable acceptance of refugees shows us that racism is a global public health crisis and as the African Union has posited, “all people have the right to cross international borders during conflict, and as such, should enjoy the same rights to cross to safety from the conflict in Ukraine, notwithstanding their national or racial identity.”
Welcoming and safe harbor must be inclusive and in the spirit of Senate Resolution No. 113, that we just unanimously adopted, introduced by the good Senator from the 2nd Senate District, which states in part:
Whereas, As a world leader in standing up against oppression, the United States has an obligation to commit itself to supporting Ukrainian refugees, including facilitating their resettlement. As Ukraine’s neighbors may be overwhelmed by the scale of the crisis, the federal government should take action to ensure the refugees are able to be resettled in the United States; and
Whereas, Michigan must also do its part in addressing this global crisis. Our state must stand ready to do its part in supporting [all] refugees fleeing wars of aggression.
We must also ensure that we are providing refuge and safety for African nationals fleeing Ukraine as it fights to defend democracy. The United States has been in this place before—on our own shores, as recently as October when we failed to accept Haitians fleeing the compounded strife in Haiti. Let us not repeat this error and instead show our solidarity with all people fleeing harm’s way and global strife.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 2:
Senate Bill Nos. 926 927 928 929 930 931 932 933 934 935 936 937 938 939
Senate Resolution No. 111
House Bill Nos. 5860 5861 5862 5863 5864 5865 5866 5867
Committee Reports
The Committee on Energy and Technology reported
Senate Bill No. 672, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79d) by amending the title, as amended by 2006 PA 566, and by adding section 12c.
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.
Dan Lauwers
Chairperson
To Report Out:
Yeas: Senators Lauwers, Horn, LaSata, Nesbitt, Barrett, Bumstead, Bizon, Schmidt and Wozniak
Nays: Senators McCann, Brinks, McMorrow and Bullock
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, March 1, 2022, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt, Barrett, Bumstead, Bizon, Schmidt, Wozniak, McCann, Brinks, McMorrow and Bullock
The Committee on Education and Career Readiness submitted the following:
Meeting held on Tuesday, March 1, 2022, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Theis (C), Horn, Runestad, Daley, Huizenga, Polehanki and Geiss
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Transportation submitted the following:
Meeting held on Tuesday, March 1, 2022, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Schmidt (C), Victory, MacDonald, Zorn, Hollier and Bayer
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Natural Resources and Environment, Great Lakes, and Energy submitted the following:
Meeting held on Tuesday, March 1, 2022, at 3:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Bumstead (C), Bizon, Victory, McCann and Bayer
Appropriations
Subcommittees –
Agriculture and Rural Development – Thursday, March 3, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Corrections and Judiciary – Wednesdays, March 9, 12:00 noon, or immediately following session, March 16, and March 23, 11:30 a.m., or immediately following session, Room 1300, Binsfeld Office Building (517) 373-2768
General Government – Wednesdays, March 9, March 16, and March 23, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Licensing and Regulatory Affairs/Insurance and Financial Services – Thursdays, March 3, 8:30 a.m. (CANCELLED), and March 10, 8:30 a.m. and 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-2768
Military and Veterans Affairs/State Police – Thursday, March 10, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Natural Resources and Environment, Great Lakes, and Energy – Tuesday, March 8, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
Universities and Community Colleges – Thursday, March 3, 3:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Economic and Small Business Development – Thursday, March 3, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721
Health Policy and Human Services – Thursday, March 3, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Judiciary and Public Safety – Thursday, March 3, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:19 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, March 3, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate