STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Tuesday, October 5, 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—present
Bayer—present Johnson—present Santana—present
Bizon—present LaSata—present Schmidt—present
Brinks—present Lauwers—present Shirkey—present
Bullock—excused MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—present
Chang—present McCann—present VanderWall—excused
Daley—present McMorrow—present 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:
Colleagues, we often think about the Golden Rule as the first lesson we learn in school, and on World Teacher Day and National Do Something Nice Day it seemed like the most appropriate message of do unto others as you would like them to do unto you.
Most every kingdom teaches this, most every religious tradition talks about it. In Judaism, Hillel the Elder said use this verse as the most important message of the Torah. Once, in explaining it to someone, they said explain the Torah to me while I stand on one leg and he said, very simply, “What is hateful to you do not do to your fellow; this is the whole Torah, the rest is the explanation.” In Christianity, Jesus of Nazareth said during the Sermon on the Mount, do unto others as you would have them do unto you. In Hinduism, they said “One should never do that to another which one regards as injurious to one’s own self. This, in brief, is the rule of dharma. Other behavior is due to selfish desires.”
As we think about this moment, that sounds great, but the part we missed is that we are not all the same and we do not all like the same things, so talking to a kindergartener or a little kid it’s easy to say treat them the way you would like to be treated, but we have a responsibility to treat others the way they would like to be treated, recognizing that we all need different things, that we want different things, and especially us in this situation in the Legislature have an incredible opportunity to do that, but it requires us to know each other, which means having those conversations that have been especially difficult during a pandemic and during these times. So I’d encourage us to get back to doing those kind of things.
I pray that on Do Something Nice Day we do something nice for someone else, which means getting to know them so we know what they like and how to actually be nice. We have a colleague who is dealing with incredible loss in his immediate family and I’d ask that we think about him, that we think about ways we can be nice to him and get to know them and treat them in that way.
So, in this moment, I ask that we just have a quick moment of silence in honor of our colleague.
Thank you, and I hope that we pray for all the people we know and love who are dealing with very similar moments these days.
The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
Senator Lauwers moved that Senator VanderWall be excused from today’s session.
The motion prevailed.
Senator MacDonald entered the Senate Chamber.
Senator Chang moved that Senator Bullock be excused from today’s session.
The motion prevailed.
The following communication was received:
City of Grand Ledge
September 27, 2021
Enclosed is Grand Ledge City Council Resolution #60 of 2021, opposing the use, sale, or application of coal tar, coal tar sealant product, or other polycyclic aromatic hydrocarbon (PAH) content pavement sealant product in the City of Grand Ledge. The resolution further recommends the Michigan State Senate work with the Governor and the Michigan House of Representatives to take action prohibiting PAHs in the State of Michigan.
The City Council requested I send this resolution to the Governor, the Michigan House of Representatives, the Michigan State Senate, Representative Angela Witwer, and Senator Tom Barrett.
Thank you for your time in considering this action and recommendation.
Gregory Newman
City Clerk
The communication was referred to the
Secretary for record.
The following communication was received:
State Budget Office
September 30, 2021
Attached you will find the report as required by PA 268. Per the statute:
(7) Not later than March 30 of each year that the contract is in effect, and not later than September 30 of each year that the contract is in effect, the integrity oversight monitor shall provide a detailed report to the governor, the department of technology, management, and budget, the secretary of the senate, the clerk of the house of representatives, and the chairpersons of the senate and house of representatives committees on appropriations. The report shall contain all of the following:
(a) Detail of the integrity oversight monitor’s services during the 6-month period.
(b) Detail of the integrity oversight monitor’s services over the duration of the contract.
(c) Details of findings of malfeasance or inefficiency.
(d) Recommendations for corrective actions by any governmental entities.
Please let us know if you need anything else.
Thank you,
State Budget Office
The communication was referred to the Secretary for record.
The following communication was received:
Office of the Chief Compliance Officer
September 30, 2021
Attached is the Annual Report of the Office of the Chief Compliance Officer for fiscal year 2020, which relates to 21st Century Jobs Trust Fund programs and activities. This report is required by MCL 125.2088i(6)(i), which requires the Chief Compliance Officer to prepare a written annual report that evaluates MSF Board members, employees, and agents compliance with internal policies and procedures and with applicable state and federal law, explains any compliance matters that arose during the previous year, and suggests revisions to agency policies and procedures.
Kevin Francart
Chief Compliance Officer
The communication was referred to the Secretary for record.
Senator McBroom entered the Senate Chamber.
The President, Lieutenant Governor Gilchrist, assumed the Chair.
House Bill No. 4365
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Schmidt, Hollier, Horn, Bullock and VanderWall introduced
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.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senators Bayer, Polehanki, Chang, Bullock, Wojno, Hollier and Geiss introduced
A bill to establish a teachers loan forgiveness program for certain teachers in public and nonpublic elementary and secondary schools in this state; to establish a teachers loan forgiveness fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The bill was read a
first and second time by title and referred to the Committee on Appropriations.
Senator Nesbitt introduced
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by repealing section 10 (MCL 207.1010).
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 654 (MCL 257.654).
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 Regulatory Reform.
By unanimous consent the Senate returned to the order of
Messages from the House
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509o and 510 (MCL 168.509o and 168.510), section 509o as amended by 2018 PA 126.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not 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
Resolutions
Senator Stamas offered the following resolution:
Senate Resolution No. 84.
A resolution to designate October 2021 as Michigan Library Appreciation Month.
Whereas, The Michigan Library Association (MLA) annually designates the month of October as a statewide observance to celebrate the contributions of Michigan’s libraries, librarians, and library staff; and
Whereas, Michigan’s libraries, including school, public, academic, tribal, and special libraries, are vital institutions and dynamic centers of discovery, lifelong learning, and serve as cornerstones in healthy communities; and
Whereas, Librarians and library workers play key roles in helping people explore, imagine, and discover new horizons in the vast world of information, knowledge, and entertainment; and
Whereas, Today’s libraries are less about what they have on the shelves and more about what they can do with and for their communities, whether it’s through virtual services or in-person visits; and
Whereas, Libraries and librarians work to create an equitable society by providing free access to accurate information for all people; and
Whereas, In times of crisis, libraries and library staff play a critical role in continuing to support their communities when they need it the most; and
Whereas, Libraries bring together diverse populations and are a resource for all members within their communities regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio‑economic status; and
Whereas, The development and maintenance of programs and collections in libraries are as diverse as the populations they serve; and
Whereas, Libraries serve as a vital connection to the people, places, and ideas of the world through books, magazines, videos, and the internet and are the primary point of online access for people without computers at home, school, or work; and
Whereas, Indispensable educational resources for children and teenagers are provided by libraries, which are on the front lines in the battle against illiteracy, offer plenty of free activities, as well as safe, enriching entertainment for the whole family; and
Whereas, Half of all Michiganders hold library cards and visit their local libraries in-person more than 43 million times annually, online nearly 50 million times annually, and borrow nearly 40 million items each year; and
Whereas, In 2020, Michigan public libraries provided more than 13,000 live virtual programs for children, teens, and adults reaching over 608,000 people; and
Whereas, Additionally, during the worldwide pandemic, 76 percent of Michigan’s public libraries offered curbside services and 82 percent continued to provide reference services via phone and internet which provided a way for residents to get information and materials even when library buildings were closed to the public; and
Whereas, Hundreds of libraries and millions of library supporters across Michigan are celebrating Michigan Library Appreciation Month this October; now, therefore, be it
Resolved by the Senate, That members of this legislative body designate October 2021 as Michigan Library Appreciation Month. During this time, we encourage all residents to visit their library’s website to explore and discover its wide variety of services, resources, and collections.
Senator Lauwers moved that further consideration of the resolution be postponed for today.
The motion prevailed.
Senators Bayer and Moss were named co-sponsors of the resolution.
By unanimous consent the Senate proceeded to the order of
Messages from the Governor
The following messages from the Governor were received and read:
September 30, 2021
I respectfully submit to the Senate the following appointment to office pursuant to Article V § 3 of the Michigan Constitution of 1963:
Director of the Department of Technology, Management and Budget
Mrs. Julia A. Dale of 2599 Horstmeyer Road, Lansing, Michigan 48911, county of Ingham, succeeding Thomas A. Stibitz, appointed for a term commencing October 18, 2021 and expiring at the pleasure of the Governor.
September 30, 2021
I respectfully submit to the Senate the following appointments to office pursuant to Public Act 451 of 1994, MCL 324.78102:
Michigan State Waterways Commission
Ms. Barbara A. Brooks of 1003 West Street, Boyne City, Michigan 49712, county of Charlevoix, succeeding Peter Beauregard whose term has expired, appointed to represent an individual who owns or operates a harbor or marina in this state, for a term commencing September 30, 2021 and expiring September 18, 2024.
Mr. Christopher B. Shepler of 537 N. Spring Street, Harbor Springs, Michigan 49740, county of Emmet, succeeding Barbara Brooks whose term has expired, appointed to represent persons residing north of Townline 16 in the Lower Peninsula, for a term commencing September 30, 2021 and expiring September 18, 2024.
Mr. Frederick Sitkins of 10460 S. High Meadows Court, Traverse City, Michigan 49684, county of Leelanau, reappointed to represent the general public, for a term commencing September 30, 2021 and expiring September 18, 2024.
Respectfully,
Gretchen Whitmer
Governor
The appointments were referred to the Committee on Advice and Consent.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:20 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
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. 405
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 405, entitled
A bill to amend 1917 PA 273, entitled “An act to regulate and license pawnbrokers that conduct business in this state; to provide for the disposition of allegedly misappropriated property in the possession of pawnbrokers; to provide remedies and prescribe penalties; and to provide for the powers and duties of certain local governmental units and state agencies,” by amending the title and sections 8, 9, and 18 (MCL 446.208, 446.209, and 446.218), the title and section 9 as amended by 2018 PA 345 and section 8 as amended by 2002 PA 469.
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. 363 Yeas—24
Ananich Hertel MacDonald Shirkey
Barrett Hollier McBroom Stamas
Bayer Horn Moss Theis
Bizon Johnson Nesbitt Victory
Bumstead LaSata Outman Wojno
Daley Lauwers Schmidt Zorn
Nays—10
Alexander Geiss McMorrow Runestad
Brinks Irwin Polehanki Santana
Chang McCann
Excused—2
Bullock VanderWall
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. 258, entitled
A bill to amend 1963 PA 247, entitled “An act to define the term “newspaper” as used in the statutes of this state regarding publication of notices,” by amending section 1 (MCL 691.1051).
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. 364 Yeas—34
Alexander Geiss McBroom Santana
Ananich Hertel McCann Schmidt
Barrett Hollier McMorrow Shirkey
Bayer Horn Moss Stamas
Bizon Irwin Nesbitt Theis
Brinks Johnson Outman Victory
Bumstead LaSata Polehanki Wojno
Chang Lauwers Runestad Zorn
Daley MacDonald
Nays—0
Excused—2
Bullock VanderWall
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. 259, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1461 (MCL 600.1461); and to repeal acts and parts of acts.
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. 365 Yeas—34
Alexander Geiss McBroom Santana
Ananich Hertel McCann Schmidt
Barrett Hollier McMorrow Shirkey
Bayer Horn Moss Stamas
Bizon Irwin Nesbitt Theis
Brinks Johnson Outman Victory
Bumstead LaSata Polehanki Wojno
Chang Lauwers Runestad Zorn
Daley MacDonald
Nays—0
Excused—2
Bullock VanderWall
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 11:10 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Bizon as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Theis, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 375, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 408.478).
A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305), as amended by 2020 PA 94.
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4364, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), as amended by 2020 PA 93.
Substitute (S-1).
House Bill No. 4365, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2020 PA 306.
Substitute (S-1).
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Geiss’ statement is as follows:
Today is a very special day. Today we have champions among us, and not just any champions. We have with us in the west Gallery the Major Boys Little League District 5 All-Stars, the Major Boys Little League state champions, the Major Boys Little League regional champions for the Great Lakes Region, the 2021 Little League World Series Hank Aaron champions, and last but certainly not least, the 2021 Little League Baseball World Series champions.
I am going to ask the fine young men to sit back down for a minute because, members, I present to you, our champions—No. 3, second baseman and pitcher Gavin Ulin; No. 6, center fielder and pitcher Jaxson Shufeldt; No. 8, right fielder and pitcher Chauncey Adkins; No. 9, shortstop and pitcher Lucas Farner; No. 13, catcher and pitcher Ethan Van Belle; No. 17, first baseman and pitcher Max LaForest; No. 18, center fielder and pitcher Jakob Furkas; No. 22, third baseman and pitcher Jackson Surma; No. 23, catcher and pitcher Cameron Thorning; No. 24, left fielder and pitcher Kale Harris; No. 27, left fielder and pitcher Noah Boren; coach Guido Ulin and coach Jason Surma; and manager Rick Thorning.
What’s so incredible about this team—you hear how deep that pitching staff is—what’s incredible is that this is the first time since 1959 that Michigan has claimed the Little League World Series championship title and we are so proud of them. The team from Hamtramck is the last team from Michigan to have earned this title. We have tributes for each of you—signed by myself, Representative Garza, Lieutenant Governor Gilchrist, and Governor Whitmer, and which we will make sure we hand to you a little later—and I’m not going to read the entire tribute, but to say that I am proud of these guys is an understatement and, true story, some of these guys just know me as Michael’s mom because my son plays and is a few years older than them, but these young men and their families represented our community and our state with excellent sportsmanship, fair play, grace, and dignity throughout every game, every inning, and every community they played. They are an example of not just Taylor North Little League pride, but Michigan pride and it’s an honor to have them here at the Capitol today.
Thank you Taylor North Little League for your outstanding performance both on and off the field and for bringing a lot of joy this summer into our living rooms and dens and bringing folks together and showing the world, We’re from Taylor and we couldn’t be prouder, and if you didn’t hear it, we will yell a little louder. Congratulations on being the 2021 Little League World Series champions, and I hope you enjoy your visit to the Capitol today.
The motion prevailed.
Senator McMorrow’s statement is as follows:
Earlier this session I introduced a guest in the Gallery and I have a bill on my desk for co-sponsorship that she actually brought to my attention. She’s a freshman high school student at International Academy in my district, and I wanted to talk a little bit about the bill she brought to my office.
A 2021 study by the Ecological Society of
America found that from 1900 to 1950, no microplastics were detected in any
fish. But in 2018, yellow perch, for example, were found to have eight pieces
of plastic per fish on average. These plastics end up in our water, in the
fish, in the products we make with water like Michigan’s craft beer, and the
fish that end up on our tables, and ultimately in our bodies, and the long-term
effects of these harmful plastics are yet unknown. In a study released just
this week, scientists found that infants’ bodies contain up to ten times the amount
of microplastics typically found in adults.
Tackling this issue is a tremendous challenge, but the bill I have on my desk today provides a common sense way to eliminate one source of this harmful waste. The bill concept was brought to me by Nisha Singhi, a high school freshman at International Academy. Earlier this year, Nisha worked with two graduate students at the University of Michigan School for Environment and Sustainability to develop this concept. A few months ago, Nisha’s dad reached out to our office to help schedule a meeting and Nisha brilliantly presented her idea.
Today I welcome your co-sponsorship on a bill that would prohibit the release of balloons, and here’s why. Since 2016, more than 18,000 pieces of balloon debris have been found in the Great Lakes. Adding intentional balloon release to the current littering statute is a major step in our shared goal of conserving and protecting Michigan’s Great Lakes and wildlife. Multiple states—including Florida, California, Connecticut, New York, Tennessee, and Virginia—have already passed laws prohibiting the release of balloons. Eight other states are also currently considering similar bans. This bill would not apply to hot air balloons or balloons released for scientific or meteorological purposes, nor would it prohibit residents from displaying balloons outdoors so long as those balloons are not released.
I welcome your co-sponsorship, and I’m so proud to be here today to forward this bill on behalf of a high school freshman who has a very, very bright future in our state.
Announcements of Printing and Enrollment
House Bill No. 4660
The Secretary announced that the following bills were printed and filed on Thursday, September 30, and are available at the Michigan Legislature website:
Senate Bill Nos. 664 665 666 667 668 669 670 671
House Bill Nos. 5352 5353 5354 5355 5356
Committee Reports
The Committee on Transportation and Infrastructure reported
House Bill No. 4365, entitled
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.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss and Hollier
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic and Small Business Development reported
House Bill No. 4712, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2021 PA 27.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ken Horn
Chairperson
To Report Out:
Yeas: Senators Horn, VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic and Small Business Development submitted the following:
Meeting held on Thursday, September 30, 2021, at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators Horn (C), VanderWall, Lauwers, Schmidt, LaSata, MacDonald, McMorrow, Geiss and Moss
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy and Human Services submitted the following:
Meeting held on Thursday, September 30, 2021, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Brinks, Hertel, Santana and Wojno
Excused: Senator Theis
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Thursday, September 30, 2021, at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Johnson, Daley, Alexander and Moss
Administrative Rules, Joint – Thursday, October 7, 3:00 p.m. or after committees are given leave to meet by the House and Senate, whichever time is later, Room 327, 3rd Floor, House Office Building (517 373‑5312
Families, Seniors, and Veterans – Wednesday, October 6, 3:00 p.m., Room 403, 4th Floor, Capitol Building (517) 373-1721
Finance – Wednesday, October 6, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373‑5312
Local Government – Thursday, October 7, 1:30 p.m., Room 1200, Binsfeld Office Building (517) 373‑5312
State Drug Treatment Court Advisory Committee – Tuesday, October 19, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (517) 373-0212
Transportation and Infrastructure – Wednesday, October 6, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-5323
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:29 a.m.
The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Wednesday, October 6, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate