STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Thursday, March 24, 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—excused Polehanki—present
Ananich—present Huizenga—present Runestad—present
Barrett—present Irwin—present Santana—present
Bayer—present Johnson—present Schmidt—present
Bizon—present LaSata—present Shirkey—present
Brinks—present Lauwers—present Stamas—present
Bullock—present 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 Mike Shirkey of the 16th District offered the following invocation:
Heavenly Father, we praise You and thank You for Your love, Your magnificence, and especially Your grace. Collectively and individually, here and around the world, Your grace manifests without measure. Your Word accurately predicts the challenges we face, the trajectory we are on, to, someday, deserving Your ultimate judgement. What used to be up is now down, it seems left is now right, it’s hard to determine what’s good or bad. Truth and deception go hand-in-hand. Sin has become a norm. Science has become censored opinion. Freedom replaced by gods with a little-G. Common sense with common good, hope with fear, and trust in You replaced by the artificial intelligence of man. So, today we ask You to lead us, show us, and guide us in our roles we are privileged to serve in by helping us to discern Your truth from worldly truth in all of our actions and all of our decisions. Thank You again and again for Your grace, undeserved and underappreciated.
Oh, and one more thing, please guide our colleagues in the House toward a proper, productive, and speedy session today. In Yeshua’s, 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 Geiss entered the Senate Chamber.
Senator Lauwers moved that Senator Horn be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
The following communication was received:
Office of Senator Jeremy Moss
March 22, 2022
I would like to formally add my name as co-sponsor to SB 3.
Sincerely,
Jeremy Moss
State Senator, Michigan’s 11th District
Representing Southern Oakland County
Assistant Democratic Leader
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Kimberly LaSata
March 24, 2022
I respectfully request to be removed as a cosponsor to Senate Bill 565.
If you have any questions, please do not hesitate to reach out to my office.
Sincerely,
Kim LaSata
State Senator
21st District
The communication was referred to the Secretary for record.
Senate Bill No. 970, entitled
A bill to establish and implement a county broadband completion grant program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities.
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.
House Bill No. 4037, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 104b (MCL 388.1704b), as amended by 2018 PA 265.
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1279g (MCL 380.1279g), as amended by 2016 PA 170, and by adding section 1279i.
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 104 (MCL 388.1704), as amended by 2020 PA 165, and by adding section 11b.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
Senator Lauwers moved that the bills be referred to the Committee on Education and Career Readiness.
The motion prevailed.
Senator Ananich entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Messages from the House
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2212c (MCL 500.2212c), as added by 2013 PA 30, and by adding section 2212e.
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. 106 Yeas—37
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Horn
Not Voting—0
In The Chair: President
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
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 940
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 940, entitled
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 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. 107 Yeas—37
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Horn
Not Voting—0
In The Chair: President
The Senate
agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 941, entitled
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 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. 108 Yeas—37
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Horn
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:14 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
Messages from the Governor
The following messages from the Governor were received:
Time: 9:37 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 244 (Public Act No. 36), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1910 (MCL 600.1910), as amended by 1994 PA 403.
(Filed with the Secretary of State on March 23, 2022, at 10:40 a.m.)
Time: 9:39 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 246 (Public Act No. 37), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 2705 (MCL 333.2705), as amended by 2016 PA 499.
(Filed with the Secretary of State on March 23, 2022, at 10:42 a.m.)
Time: 9:41 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 435 (Public Act No. 38), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 2701, 2711, 2717, and 16189 (MCL 333.2701, 333.2711, 333.2717, and 333.16189), section 2701 as amended by 2016 PA 499, section 2711 as amended by 2014 PA 172, section 2717 as added by 1990 PA 16, and section 16189 as added by 2018 PA 563; and to repeal acts and parts of acts.
(Filed with the Secretary of State on March 23, 2022, at 10:44 a.m.)
Respectfully,
Gretchen Whitmer
Governor
Senator Lauwers moved that the Senate recess until 1:30 p.m.
The motion prevailed, the time being 11:02 a.m.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Hertel’s statement is as follows:
The state of Michigan lost a great public servant this week in the passing of Ed Dichoza. Ed worked for me three different times over the years. He was not just a member of my team but he was also my friend and I considered him family. Just earlier this year when he finally left our office for the last time, he went over to be the Deputy Director of Constituent Services for Governor Whitmer, continuing a fantastic record of public service. But Ed never really left our office, he always came back, always had a smile, always was there to assist more people on our behalf.
Ed was a consummate public servant. Countless people owe Ed for making their lives a little better. He took each constituent case personally. He treated everyone as if their problem was the most important thing for him. That was never more evident than one day in my office when Ed’s cellphone started ringing. A woman that Ed had helped with unemployment was so impressed with Ed and his professionalism and his ability to help that she was sitting in front of an unemployment office handing out Ed’s cellphone number to random people that needed help. Most people would have been annoyed, Ed just took it, smiled, laughed a little bit and went back to work helping people. Because that is exactly who Ed was. No ego whatsoever, just a good natured smile.
He loved to help people. He loved people, and there were no people that he loved more than his wife Karen and son Aiden. The smile that would come to Ed’s face when he talked about his family was like no other smile I ever saw from him. I will miss my friend Ed. The state owes him a great debt of gratitude. They owe his family a debt of gratitude for sharing him with us and I ask that the Senate pause in a moment of silence for the loss of a great public servant, Ed Dichoza.
A moment of silence was observed in memory of Ed Dichoza, Deputy Director of Constituent Services for Governor Gretchen Whitmer.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senators Horn, Huizenga, Schmidt, Hertel and Polehanki introduced
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88s and 88t (MCL 125.2088s and 125.2088t), section 88s as added by 2021 PA 136 and section 88t as added by 2021 PA 134.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
Senators Schmidt, Horn, Huizenga, Hertel and Polehanki introduced
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 4 (MCL 12.254), as added by 2021 PA 137.
The bill was read a first and second time by title and
referred to the Committee on Economic and Small Business Development.
Senators Huizenga, Horn, Schmidt, Hertel and Polehanki introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51f (MCL 206.51f), as added by 2017 PA 110.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
Senator Ananich introduced
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 6a and 25 (MCL 205.56a and 205.75), section 6a as amended by 2015 PA 264 and section 25 as amended by 2021 PA 108, and by adding section 4ii.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator Ananich introduced
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175), section 3 as amended by 2015 PA 177 and section 5 as amended by 2022 PA 24.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator Ananich introduced
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2021 PA 109, and by adding section 4ii.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
Senator Irwin introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1701 and 3103 (MCL 324.1701 and 324.3103), section 3103 as amended by 2005 PA 33, and by adding part 4.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senator Irwin introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32701 (MCL 324.32701), as amended by 2008 PA 179.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senator Irwin introduced
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 915 (MCL 339.915), as amended by 1981 PA 83.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Runestad, Lauwers, Huizenga and Wozniak introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16141, 16145, 16265, 17708, and 18001 (MCL 333.16141, 333.16145, 333.16265, 333.17708, and 333.18001), sections 16141 and 16145 as amended by 1993 PA 80, section 17708 as amended by 2021 PA 53, and section 18001 as amended by 2018 PA 355, and by adding section 16348a and part 186.
The bill was read a first and second time by title and
referred to the Committee on Health Policy and Human Services.
Senator Outman introduced
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 21102a.
The bill was read a first and second time by title and referred to the Committee on Environmental Quality.
Senators Lauwers, Chang, Bullock, Wozniak, Hertel, Horn and Schmidt introduced
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1 and 2c (MCL 722.111 and 722.112c), section 1 as amended by 2020 PA 6 and section 2c as amended by 2017 PA 257.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors, and Veterans.
Senator MacDonald introduced
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 2 (MCL 12.252), as amended by 2021 PA 137, and by adding section 3.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
Senator Huizenga introduced
A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by amending the title, as amended by 2018 PA 638, and by adding chapter 8A.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
Senator Alexander introduced
A bill to prohibit the commencement of civil actions relating to opioids by certain governmental officers and entities.
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 451, entitled “The revised school code,” by amending section 1279g (MCL 380.1279g), as amended by 2016 PA 170.
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 Education and Career Readiness.
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by repealing section 104b (MCL 388.1704b), as amended by 2018 PA 265.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 370 and 719 (MCL 168.370 and 168.719), section 370 as amended by 2014 PA 94 and section 719 as amended by 2018 PA 120.
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 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2020 PA 158.
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 Education and Career Readiness.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5741 and 5750 (MCL 600.5741 and 600.5750).
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 Judiciary and Public Safety.
A bill to amend 2000 PA 92, entitled “Food law,” by amending section 4102 (MCL 289.4102), as amended by 2012 PA 178.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105 and 1111 (MCL 289.1105 and 289.1111), section 1105 as amended by 2014 PA 516 and section 1111 as amended by 2018 PA 92.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 8308a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 8507a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 2000 PA 92, entitled “Food law,” by amending section 2125 (MCL 289.2125), as amended by 2015 PA 61, and by adding section 2124.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 1975 PA 120, entitled “Feed law,” by amending section 19 (MCL 287.539), as added by 2015 PA 83.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” (MCL 286.201 to 286.228) by adding section 17a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Agriculture.
A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” (MCL 288.561 to 288.740) by adding section 92.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” (MCL 288.471 to 288.540) by adding section 36.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Zorn 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 with a substitute therefor, the following bill:
House Bill No. 5525, 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).
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:49 p.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 Daley offered the following resolution:
Senate Resolution No. 120.
A resolution to recognize April 2022 as Donate Life Month.
Whereas, More than 2,500 Michigan residents are currently waiting for a lifesaving organ transplant and thousands more would benefit from tissue and corneal transplants; and
Whereas, Michigan has about 4.6 million people on the Organ Donor Registry, but more than 42 percent of adults have not yet registered to save and heal others; and
Whereas, The need for organ, tissue, and eye donations remains a critical need in both Michigan and the United States; and
Whereas, Nationwide, an average of 20 people die each day because a donated organ did not become available; and
Whereas, Organ, tissue, and eye donation can provide families that are tragically confronted by the death of a loved one the comfort of knowing that the gift of life provides another person with renewed hope for a healthy life; and
Whereas, A single organ, tissue, and eye donation can save eight lives and improve the lives of up to 75 people; and
Whereas, The act of giving the gift of life through organ, tissue, and eye donation to someone facing imminent death, or living with blindness or a disability, is the ultimate act of generosity and kindness; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 2022 as Donate Life Month; and be it further
Resolved, That we encourage all residents to join the Michigan Organ Donor Registry, share their decision with their families, friends, and colleagues, and encourage them to do the same.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Geiss, Johnson and Zorn were named co-sponsors of the resolution.
The motion prevailed.
Senator Daley’s statement is as follows:
I rise today to speak to the Senate on Senate Resolution No. 120, a resolution to designate April as Donate Life Month in Michigan. This is a time to raise awareness about the importance of organ donation. Did you know that donating your organs can save up to eight lives? Organ, tissue, and eye donation can provide families that are tragically confronted by the death of a loved one the comfort of knowing the gift of donated organs and tissues provides another person with renewed hope for a healthy life.
As many of you know, organ donation is especially important to me and my family. My son Thomas passed away over 11 years ago. Thomas was not a registered donor but he would have wanted to help others. Today, Thomas’ heart and his legacy live on in the lives of others.
Senator MacDonald offered the following resolution:
Senate Resolution No. 121.
A resolution to recognize March 30, 2022, as Space Day.
Whereas, Michigan’s role as a space state contributes to the enhancement of the United States (U.S.) as the global leader in space technology; and
Whereas, On March 30, 2022, we honor our own individual talent, engineering expertise, manufacturing assets, and innovative technological advancements that have helped build America’s space industry; and
Whereas, The space industry expertise of our state helps to develop, build, and continue the continuum of advanced technology for space humanitarian applications, while also recognizing our present and future contribution to America’s higher standard of living and growth; and
Whereas, Michigan’s academia, space business community, and governmental agencies continue to build a stronger U.S. space economy and are commended for their contributions; and
Whereas, Our state is a leader in the advancement of applied technologies to serve the agriculture, automotive, broadband connectivity, communications, education, energy, health care, and transportation industries; and
Whereas, We continue to be a global leader in the space industry by creating an attractive environment for businesses to locate their facilities here including creating a new space port, center of excellence, and launch sites in our state; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize March 30, 2022, as Space Day; and be it further
Resolved, That we affirm our current industry and welcome other businesses and companies to relocate to Michigan as we continue to work towards being a partner in the global space industry.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators
Johnson and Zorn were named co-sponsors of the resolution.
Senator Hollier offered the following resolution:
Senate Resolution No. 122.
A resolution to recognize March 29, 2022, as Tuskegee Airmen Day.
Whereas, In 1925, The United States Army War College issued a grossly inaccurate and disparaging official report intending to relegate African Americans to menial duty positions in the military; and
Whereas, By the time the United States was drawn into World War II (WWII), more African Americans were receiving higher education and aspiring for more meaningful jobs in the military, including airplane pilots; and
Whereas, The rapid expansion of aircraft production to meet the demand for air power during WWII created a need for military pilots; and
Whereas, The public outcry from the African American population, media, and fair-minded people of all races resulted in the United States Department of War extending the opportunity to fly airplanes to all military members, regardless of race; and
Whereas, The War Department’s Civilian Pilot Training (CPT) Program authorized colleges and universities to train civilian students to increase the number of civilian pilots, thereby contributing to military preparedness; and
Whereas, The Tuskegee Institute in Alabama was one of six African American colleges and universities chosen to participate in the CPT Program, and helped open the door for the first African American military pilots; and
Whereas, During WWII, from January 1941-July 1949, both men and women participated in the Tuskegee Experience in Tuskegee, Alabama; and
Whereas, The Tuskegee Airmen flew more than 15,000 sorties, destroyed over 1,000 German aircraft, received hundreds of Air Medals, more than 150 Distinguished Flying Crosses, and lost very few bomber aircraft to enemy air action during escort missions; and
Whereas, The Tuskegee Airmen’s outstanding performance record was unprecedented in military aviation history and disproves every adverse and prejudiced contention barring African Americans from becoming pilots; and
Whereas, The Tuskegee Airmen overcame segregation and prejudice to become one of the most prestigious, decorated, and respected fighting groups of WWII; and
Whereas, The Tuskegee Airmen of the 332nd Fighter Group were based at Selfridge Field in Mt. Clemens and Oscoda Army Air Field. Fifteen Tuskegee Airmen pilots lost their lives on training exercises in Michigan; and
Whereas, More than 52 service members from Michigan served as Tuskegee Airmen during WWII; and
Whereas, From August 11-13, 1972, the Tuskegee Airmen Organization was formed in the basement of original Tuskegee Airmen, Lieutenant Colonel Alexander Jefferson in Detroit; and
Whereas, In the United States, there are 62 Tuskegee Airmen chapters. On March 6, 1973, the Detroit chapter became the founding incorporated chapter. In 2012, an additional chapter of the Tuskegee Airmen was formed in West Bloomfield, Michigan to reach youth in Detroit; and
Whereas, In Michigan, on August 6, 1986, the Tuskegee Airmen National Historical Museum was incorporated; and
Whereas, March was the month the first cadets received their silver wings, the first maintenance crew began training at Chanute Field, Illinois, and the 99th Pursuit Squadron was activated. On March 29, 2007, President George W. Bush also presented the Tuskegee Airmen the Congressional Gold Medal; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize March 29, 2022, as Tuskegee Airmen Day. We encourage citizens to commemorate the heroic men and women who served as Tuskegee Airmen; and be it further
Resolved, That copies of this resolution be transmitted to the members of the Capitol Press Corps.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Alexander, Geiss, Johnson and Stamas were named co-sponsors of the resolution.
The motion prevailed.
Senator Hollier’s statement is as follows:
I just want to thank you for making this happen. All of you know how important the Tuskegee Airmen have been both to our nation but especially the city of Detroit. Former Mayor Young was a Tuskegee Airman and my dad’s elementary school teacher was. It is an incredible pride in the Black community as we talk about this space, and I’m grateful that the first chapter of the Tuskegee Airmen will be recognized in Michigan as those chapters have proliferated all across the country.
Senator Lauwers offered the following concurrent resolution:
Senate Concurrent Resolution No. 24.
A concurrent resolution to prescribe the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 24, 2022, it stands adjourned until Tuesday, April 12, 2022, at 10:00 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Thursday, March 24, 2022, it stands adjourned until Tuesday, April 12, 2022, at 1:30 p.m.; when it adjourns on Thursday, April 14, 2022, it stands adjourned until Tuesday, April 26, 2022, at 1:30 p.m.
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 unanimous consent the Senate returned to the order of
Messages from the House
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 substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
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. 109 Yeas—34
Alexander Daley McCann Shirkey
Ananich Geiss McMorrow Stamas
Barrett Hertel Moss Theis
Bayer Hollier Nesbitt VanderWall
Bizon Huizenga Outman Victory
Brinks Irwin Polehanki Wojno
Bullock Lauwers Santana Wozniak
Bumstead MacDonald Schmidt Zorn
Chang McBroom
Nays—3
Johnson LaSata Runestad
Excused—1
Horn
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.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Protest
Senator Johnson, under her constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No. 565.
Senator Johnson’s statement is as follows:
I supported the passage of Senate Bill No. 565 last December. However, I was very disappointed to see that our colleagues in the House completely stripped important funding to protect drinking water for millions of Michigan residents in the substitute before us today.
Twenty-five percent of Michigan residents rely on private wells for their drinking water, more than any other state in our country. One study estimated that 230,000 people in southeast Michigan—and many others throughout the state—who rely on private well water as their primary source of drinking water, are unknowingly exposed to arsenic at levels above the maximum contaminant level allowed in municipal water. Long-term exposure to even low levels of arsenic has been tied to high blood pressure, heart disease, diabetes, many types of cancer, vascular problems, nerve effects, and cognitive impairment—even lowered IQ in our children similar to lead exposure. These health effects are often worst for babies, children, and the elderly.
Arsenic is not the only contaminant of concern. An overlay map of the prevalence of health conditions including many of those health conditions I said including cancer shows strong correlation to areas in our state, such as my district, where arsenic is known to be naturally present in groundwater and residents largely rely on wells for drinking water. Under the version of this bill passed by the Senate in December, $50 million would have been dedicated to help ensure the safety of drinking water from private wells relied on by so many Michigan families.
This is the second time such funding has been cut, as the Governor used an administrative transfer to eliminate $7.5 million which had been allocated in the 2019–2020 budget for private well water testing. I find the continued elimination of these funds in budget bills that are negotiated with the administration particularly offensive because the Governor’s own father, as an executive at Blue Cross Blue Shield, actually helped to fund work educating physicians in our state about the dramatic health effects of well water contaminants and assisting doctors in diagnosing, treating, and counseling their patients who unknowingly may be suffering from symptoms of arsenic poisoning. I know the Governor is aware of this because I personally hand-delivered that report and a letter to her office in the Romney Building after she used administrative transfers to eliminate funding in 2019.
The safety of water provided from private wells—used as the primary source of drinking water by millions of our state’s residents—has been a passion of mine for over 30 years and it’s how I got started as a citizen activist. I feel strongly that government has a moral obligation to inform our residents of this imminent public health risk and to give them the information and tools they need to be able to test for contaminants such as arsenic so they can appropriately treat their drinking water. I truly hope we can work together to restore funding for this important duty, but because this funding was removed from the bill as it is before us today, I will be voting “no.”
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 5525
The motion prevailed, a majority of the members serving
voting therefor.
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. 5525
The motion prevailed.
The following bill was read a third time:
House Bill No. 5525, 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.
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. 110 Yeas—36
Alexander Daley McBroom Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Hollier Moss Theis
Bizon Huizenga Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Nays—1
Irwin
Excused—1
Horn
Not Voting—0
In The Chair: President
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 title of the bill.
The motion prevailed.
Senator Hertel’s statement is as follows:
These two bills represent a momentous occasion for Michigan. They are a great amount of bipartisan effort that will invest billions of dollars into our lakes and streams and to delivering fresh water into economic opportunity, our natural resources, our parks, our bridges, our dams—it is a great day for Michigan. But it’s also a great day for this Legislature. Far too often, we’ve seen partisanship get in the way of progress and the idea that we can work together along with our great Governor to deliver these kinds of programs for our people is incredibly important. Oftentimes in large budget documents like this, I think we lose sight of some of the most important parts of it, so a couple things that I want to highlight.
The great work of the chairman from the 36th District whose community experienced a terrible tragedy, but was lucky to have a public servant who never stopped fighting for them. When I look at the money that’s here for Midland dams and for that community to recover, I’m proud to serve with the Senator from the 36th District, I’m proud of being his friend, and really this is an amazing document.
I’m also proud of a House member as well—my brother, Kevin Hertel. Kevin, when he came into the Legislature, talked a lot about fixing the water issues in Lake St. Clair. My earliest memories are my dad talking about our history of public service and how important public service was, but some of those most important lessons were spent on a 21-foot Stingray, a small boat, in Lake St. Clair and knowing how important that lake was to that community and how important economic development was to, really, the vibrancy of what that community is. Nobody has championed the cleanup of Lake St. Clair more than my brother, Kevin Hertel.
Sometimes we get to celebrate wins as Senators, sometimes we get to celebrate as public servants, but sometimes we just get to be a proud brother and watch the work that our family does. I’m proud of him today, and I ask for everyone to vote “yes” for the great Senator from the 36th District’s success, Kevin’s success, and all of our success in doing great things for Michigan.
Senator Stamas’ statement is as follows:
This is a historic moment and investment in Michigan’s infrastructure for our families, providing the opportunity for drinking water, wastewater infrastructure, supporting the dams, continuing to improve our broadband connectivity, and enhancing our state and local parks. By successfully working together, we are making a true difference throughout our state. It’s been my honor to work with the Senator from the 23rd District, but also Chairman Albert in the House and Director Harkins. And all of my policy and fiscal staff have been amazing in the long hours of discussions, negotiations, and actually putting this together for all our Michigan families. I ask that you support House Bill No. 5525 and making an additional investment in our UIA for our businesses as well. I thank you for the support of this bill for Michigan families in my community.
By unanimous consent the Senate returned to the order of
Statements
The motion prevailed.
Senator Runestad’s statement is as follows:
I rise before we go on the in-district break to relate a story to you. The kind of story that occurred back in the pandemic that got little notice in our media. One day, during the pandemic, one of our local Michigan florists wanted to patronize a Michigan barber. He found one and got a haircut. After the haircut he asked about his bill and the barber said, With this pandemic going on, don’t you worry about your money, during this week I’m giving all these cuts free as a community service. The florist was pleased and left the shop.
When the barber went to open his shop the next morning there was a thank-you note and one dozen beautiful roses waiting for him at his door. Later, a cop came for a haircut and when he also tried to pay his bill the barber said, No, I can’t accept your money, I’m doing this for you, I’m doing this for the community because during this pandemic we have to help others. The cop was impressed and he left the shop.
The next morning when the
barber went to open the shop, there was a thank-you note and one dozen warm
donuts from the best donut shop in town. Later, when the barber had a member of
Congress come in for a haircut, he also went to pay his bill and the barber
said, Sir, Mr. Congressman, I cannot accept your money, I am doing this all to
give back to the community as a community service. The member of Congress was
very happy and he practically went skipping out the door.
The next morning the barber went to open up and there were one dozen members of Congress lined up for free haircuts. Mr. President, I would like my comments printed in the Journal and would wish everyone here a safe and productive in-district break.
Announcements of Printing and Enrollment
House Bill Nos. 4810 4811 5287 5384 5566 5671 5704 5742 5743 5744 5745 5746 5747 5748
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, March 23, for her approval the following bills:
Enrolled Senate Bill No. 465 at 1:22 p.m.
Enrolled Senate Bill No. 466 at 1:24 p.m.
Enrolled Senate Bill No. 618 at 1:26 p.m.
The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, March 23, and are available on the Michigan Legislature website:
Senate Bill Nos. 977 978 979 980
House Bill Nos. 5956 5957 5958 5959 5960 5961 5962 5963 5964 5965 5966
House Joint Resolution Q
Committee Reports
The Committee on Natural Resources reported
House Bill No. 4080, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40103, and 40114 (MCL 324.40102, 324.40103, and 324.40114), section 40102 as amended by 2015 PA 24, section 40103 as amended by 2016 PA 382, and section 40114 as amended by 2018 PA 390, and by adding section 40111d.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Ed McBroom
Chairperson
To Report Out:
Yeas: Senators McBroom, Bumstead, Outman and Schmidt
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 Natural Resources submitted the following:
Meeting held on Wednesday, March 23, 2022, at 9:00 a.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Bumstead, Outman, Schmidt and McCann
The Committee on Transportation and Infrastructure reported
House Bill No. 4252, entitled
A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending section 315 (MCL 462.315), as amended by 2012 PA 421.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 5662, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 23, 25, 43, 45, 55, 61, and 65 (MCL 256.623, 256.625, 256.627, 256.629, 256.631, 256.633, 256.637, 256.643, 256.645, 256.663, 256.665, 256.675, 256.681, and 256.685), section 55 as amended by 2016 PA 322.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier
Nays: Senator McBroom
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 5663, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 306a, 312e, and 312f (MCL 257.306a, 257.312e, and 257.312f), section 306a as amended by 2021 PA 71, section 312e as amended by 2015 PA 11, and section 312f as amended by 2021 PA 148.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier
Nays: Senator McBroom
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation and Infrastructure submitted the following:
Meeting held on Wednesday, March 23, 2022, at 11:45 a.m., Room 1100, Binsfeld Office Building
Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss, Bullock and Hollier
The Committee on Elections reported
Senate Bill No. 788, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 11, 12, 21, and 24 (MCL 169.203, 169.211, 169.212, 169.221, and 169.224), sections 3 and 11 as amended by 2017 PA 119 and sections 12, 21, and 24 as amended by 2019 PA 93, and by adding section 21b.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom and VanderWall
Nays: Senator Wojno
The bill and the substitute recommended by the
committee were referred to the Committee of the Whole.
The Committee on Elections reported
Senate Bill No. 884, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 795 and 795a (MCL 168.795 and 168.795a), section 795 as amended by 2018 PA 127 and section 795a as amended by 1998 PA 215.
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.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom and VanderWall
Nays: Senator Wojno
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Elections reported
House Bill No. 5258, entitled
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom, VanderWall and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Elections submitted the following:
Meeting held on Wednesday, March 23, 2022, at 2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Johnson (C), McBroom, VanderWall and Wojno
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Corrections and Judiciary submitted the following:
Meeting held on Wednesday, March 23, 2022, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Bizon (C), Runestad and Hollier
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Community Health/Human Services submitted the following:
Meeting held on Wednesday, March 23, 2022, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Outman (C), Daley, LaSata, MacDonald, Schmidt, Huizenga, Santana, Irwin, Brinks and Hollier
Excused: Senator Bizon
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on General Government submitted the following:
Meeting held on Wednesday, March 23, 2022, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Victory (C), Bumstead, MacDonald, Huizenga,
Irwin and McCann
Appropriations –
Subcommittee –
Natural Resources and Environment, Great Lakes, and Energy – Tuesday, April 12, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 2:38 p.m.
Pursuant to Senate Concurrent Resolution No. 24, the President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, April 12, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate