STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Wednesday, April 14, 2021.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Alexander—present Hollier—present Outman—present
Ananich—present Horn—present Polehanki—present
Barrett—present Irwin—present Runestad—excused
Bayer—present Johnson—excused Santana—present
Bizon—present LaSata—present Schmidt—present
Brinks—present Lauwers—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—excused
Chang—present McCann—present VanderWall—present
Daley—present McMorrow—excused Victory—present
Geiss—present Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Adam J. Hollier of the 2nd District offered the following invocation:
As you all know, the holy month of Ramadan has begun and as we think about Ramadan, it is a time of reflection. We often think mostly about the idea that people are not eating. But they don’t eat in honor of those who can’t, because there are those who are hungry and they are supposed to think and reflect and feed the hungry. They are supposed to do those kinds of things. So as I think about Ramadan, as I think about this moment, it is a moment to think about those who have not what we have. A time of reflection and a moment to take perspectives. And as a Black man living in America over the last few weeks, it’s hard not to be confronted with all the signs and seeing all the moments where it could be you. And that was most pressing, as we saw, a lieutenant in the Army being pulled over and the police violence as we saw the death of another unarmed Black man. In these moments I think about the obligation for us as a Legislature to do things. And I am grateful and pray, and in these moments I’m so grateful, that we have colleagues who are interested and willing and caring about these moments. So as we think about Ramadan, let us think about our own prayers. Let us think about the things that we have and what we can do for others, how we do those things for others.
And so, for all those who are celebrating Ramadan, I wish you a good fast. I wish you a good time of prayer and meditation and perspective taking. Because that’s what Ramadan is about. And becoming closer to our God by praying, by meditating, and thinking about ways that we can serve the people who have less, who are in different situations, and who deal with different things.
The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Senator LaSata entered the Senate Chamber.
Motions and Communications
Senators Schmidt and Moss entered the Senate Chamber.
Senator Lauwers moved that Senators Johnson, Runestad and Theis be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators Ananich and Santana be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator McMorrow be excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Senate Majority Leader
April 13, 2021
Pursuant to MCL 484.1713, I appoint the following individual to the State 9-1-1 Committee:
• April Heinze of 10376 Lawrence Highway, Vermontville, Michigan.
Thank you in advance for your time. If you have any further questions, please feel free to contact my office at MikeShirkey@senate.michigan.gov or 517-373-5932.
Sincerely,
Mike Shirkey
16th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Paul Wojno
April 13, 2021
Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 314 which was introduced on March 24, 2021 by Senator Curtis Hertel.
Warmest regards,
Paul Wojno
State Senator
9th District
The
communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Santana entered the Senate Chamber.
The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator Stamas as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16103, 16181, 16303, 16323, and 20950 (MCL 333.16103, 333.16181, 333.16303, 333.16323, and 333.20950), section 16103 as amended by 1993 PA 80, section 16181 as amended by 2014 PA 148, section 16303 as added by 1988 PA 462, section 16323 as amended by 2018 PA 463, and section 20950 as amended by 2013 PA 165, and by adding section 16186a.
Substitute (S-1).
Senate Bill No. 312, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 104, 105, 213, and 2404b (MCL 339.103, 339.104, 339.105, 339.213, and 339.2404b), section 103 as amended by 1994 PA 257, section 104 as amended by 2020 PA 372, section 105 as amended by 2016 PA 502, section 213 as amended by 2014 PA 149, and section 2404b as amended by 2014 PA 175, and by adding section 217.
Substitute (S-1).
During the Committee of the Whole, Senator Ananich entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senators Hertel, Geiss, Chang and Brinks offered the following resolution:
Senate Resolution No. 38.
A resolution to recognize April 2021 as Autism Acceptance Month.
Whereas, Autism is a developmental disorder characterized by difficulties with social interaction and communication; and
Whereas, 1 in 54 individuals are diagnosed with autism and there are over 3.5 million people in the United States who have autism. No matter where these individuals are at on the spectrum, they are all unique and talented in every way; and
Whereas, Michigan is home to some of the most incredible individuals who made history while also being on the autism spectrum, including:
• Kodi Lee, 2019 winner of America’s Got Talent;
• Armani Williams, the first driver with autism in National Association for Stock Car Auto Racing (NASCAR) history;
• Xavier DeGroat, the first known White House intern with autism;
• Walker Aurand, the first American Collegiate Hockey Association (ACHA) hockey player with autism at Davenport University;
• Anthony Ianni, the first Division One college basketball player
with autism in National Collegiate Athletic Association (NCAA) history, playing
for Coach Tom Izzo and the Michigan State Spartans; and
Whereas, Since 1970, April has been recognized as Autism Awareness Month. Beginning in April 2007, the United Nations recognized April 2nd as World Autism Awareness Day; and
Whereas, There is a need for more acceptance in the autism community. Families and advocates within the community believe that bringing more awareness to those outside the autism community is not enough. It is time for the autism community to gain the acceptance that it rightfully deserves from society both as a community and as individuals; and
Whereas, The purpose of Autism Acceptance Month is to increase public acceptance and appreciation of the diverse range of abilities and talents of those who are on the autism spectrum, as well as families, educators, advocates, and providers affected by it; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize April 2021 as Autism Acceptance Month; and be it further
Resolved, That we join with the individuals and loved ones in the autism community to support their endeavor for much deserved acceptance of their abilities and talents, but more importantly, acceptance as individuals.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senate Resolution No. 39.
A resolution to commemorate April 11-17, 2021, as Black Maternal Health Week.
Whereas, According to the Center for Disease Control (CDC), Black mothers in the United States die at three to four times the rate of white mothers; and
Whereas, The CDC data from 2011-2016 for pregnancy-related deaths shows that there were 13 deaths per 100,000 live births for white women, 42.4 deaths per 100,000 live births for Black women, and 17.4 deaths per 100,000 live births for women of all races in the United States; and
Whereas, Black maternal death is one of the widest of all racial disparities in women’s health; and
Whereas, Black women are 26 percent more likely to die from heart disease than white women, 75 percent more likely to die from cervical cancer, and three to four times more likely to die from pregnancy- or childbirth-related causes; and
Whereas, According to the National Institutes of Health, when compared with white women with the conditions for preeclampsia, eclampsia, abruptio placentae, placenta previa, and postpartum hemorrhage, which are common causes of maternal death and injury, Black women are two to three times more likely to die than white women who had the same condition; and
Whereas, According to the Michigan Maternal Mortality Surveillance Project, between 2013 to 2017, Black women in Michigan experienced a pregnancy-related mortality rate of 21.3 deaths per 100,000 live births compared to 8.9 deaths per 100,000 live births for white women in Michigan; and
Whereas, As of January 2020, the United States has the highest maternal death rate in the developed world and our state ranks 30th in the nation for maternal death; and
Whereas, These alarming statistics for Black maternal health cut across socio-economic status, maternal age, and education levels; and
Whereas, We recognize the necessity for increased attention to the state of Black maternal health as well as the need to study and understand the root causes of poor maternal health outcomes; and
Whereas, We support community-driven programs, care solutions, the improvement of prenatal care and overall maternal healthcare, the improvement of breastfeeding rates and nutrition, and the amplification of the voices of Black mothers, women, families, and stakeholders including Black women from across the diaspora and Afro-Latinx groups; and
Whereas, We also recognize the necessity to end maternal mortality globally in order to strengthen the need for maternal health and rights; now, therefore, be it
Resolved by the Senate, That the members of this legislative body commemorate April 11-17, 2021, as Black Maternal Health Week.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senator Bayer was named co-sponsor of the resolution.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 7 (MCL 28.457), as amended by 2018 PA 635.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator McBroom introduced
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 526 (MCL 600.526), as amended by 2012 PA 22.
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 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 301a and 681a.
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 Finance.
A bill to amend 1964 PA 284, entitled “City income tax act,” (MCL 141.501 to 141.787) by adding sections 40 and 80 to chapter 2.
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 Finance.
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 301a.
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 Finance.
Announcements of Printing and Enrollment
House Bill Nos. 4568 4569 4571
The Secretary announced that the following bills were printed and filed on Tuesday, April 13, and are available on the Michigan Legislature website:
Senate Bill Nos. 351 352 353 354
House
Bill Nos. 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629 4630
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Community Health/Human Services submitted the following:
Meeting held on Tuesday, April 13, 2021, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Outman (C), Bizon, Daley, LaSata, MacDonald, Schmidt, Santana, Irwin and Brinks
Excused: Senator Hollier
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, April 13, 2021, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt, Barrett, Bumstead, Bizon, Schmidt, McCann, Brinks and Bullock
Excused: Senator McMorrow
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Tuesday, April 13, 2021, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Nesbitt (C), Lauwers, VanderWall, Moss, Polehanki and Wojno
Excused: Senators Theis, Johnson and Zorn
Elections – Wednesday, April 21, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Health Policy and Human Services – Thursday, April 15, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety – Thursday, April 15, 8:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:22 a.m.
The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Thursday, April 15, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate