STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Tuesday, April 19, 2022.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Alexander—present Horn—present Polehanki—present
Ananich—present Huizenga—present Runestad—present
Barrett—present Irwin—excused 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 Roger Victory of the 30th District offered the following invocation:
Lord, we come to You this spring morning of April 19th at 10 a.m., a day and time of Your creation, to give You thanks for this day, this week, this year, and for all that You have provided. Lord, we ask that You may bless this chamber and its members as we do the work of the people for the state of Michigan. Lord, may Your hand of guidance be upon each member of the chamber and if there is any need among us may Your presence be with them and help and assist.
Also may Your presence be with those throughout our state, our nation, and the nations of the world. We ask for Your care and guidance for those in the midst of strife and conflict. Lord, may Your love and care be placed upon them. This we ask in Your name. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senator MacDonald be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed.
Senator Chang moved that Senator Irwin be excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
April 15, 2022
Enclosed is a copy of the following report:
• Performance audit report on the Aboveground and Underground Storage Tank Programs, Storage Tank Section, Bureau of Fire Services, Department of Licensing and Regulatory Affairs (641-0436-21).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Oversight.
The following communication was received:
Office of Retirement Services
April 14, 2022
The Department of Technology, Management and Budget (DTMB), Office of Retirement Services (ORS) is pleased to present the Summary Annual Report for the Michigan Public School Employees’ Retirement System (MPSERS), henceforth referred to as the System, for the fiscal year (FY) ended Sept. 30, 2021.
ORS provides retirement and related retiree healthcare plans to help more than 680 public school employers attract, retain, and reward a highly qualified workforce.
ORS is able to cost-effectively provide these benefits to retirees. In 2020, the total defined benefit (DB) pension administration cost was $68 per active member and retiree. This was $34 below the peer average of $102 per active member and retiree (CEM Benchmarking).
Anthony Estell
Director
The communication was referred to the Secretary for record.
The following communication was received:
State Court Administrative Office
April 14, 2022
MCL 552.519(3)(d) requires the State Court Administrative Office Friend of the Court Bureau to prepare an annual Friend of the Court Grievance Report to the Legislature. This report also includes the Friend of the Court Citizen Advisory Supplement. The 2021 report and supplement was recently completed and can be found at:
https://www.courts.michigan.gov/4963ef/siteassets/reports/focb/grievrpt2021.pdf
If you have any questions please contact Lisa Harris at 517-373-2219 or Harrisl@courts.mi.gov.
Sincerely,
Friend of the Court Bureau
State Court Administrative Office
The communication was referred to the Secretary for record.
The following communication was received:
Office of the Children’s Ombudsman
April 15, 2022
In accordance with MCL 722.930(7), attached please find the OCO’s 2021 Annual Report.
Suzanna Shkreli
Director
The communication was referred to the Secretary for record.
Senate Bill No. 720, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2, 3, 4, 5, 5a, 6, 6a, 6b, 6c, 6d, 7, 7b, 8, 9, 11, 12, and 13 (MCL 205.422, 205.423, 205.424, 205.425, 205.425a, 205.426, 205.426a, 205.426b, 205.426c, 205.426d, 205.427, 205.427b, 205.428, 205.429, 205.431, 205.432, and 205.433), sections 2 and 11 as amended by 2020 PA 326, sections 3, 5, and 6 as amended and section 6b as added by 1997 PA 187, sections 5a and 6a as amended by 2012 PA 188, section 6c as added by 2002 PA 503, section 6d as added by 2003 PA 285, section 7 as amended by 2021 PA 102, section 7b as added by 2002 PA 607, section 8 as amended by 2008 PA 458, section 9 as amended by 2004 PA 474, section 12 as amended by 2018 PA 639, and section 13 as amended by 1995 PA 131, and by adding sections 3a and 6f.
(This bill was returned from the House on Tuesday, March 1 with a House substitute (H-3), immediate effect and full title, and was laid over under the rules. See Senate Journal No. 20, p. 221.)
The motion prevailed.
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:03 a.m.
The Senate was called to order by the President pro tempore, Senator Nesbitt.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator Bayer 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 without amendment, the following bill:
Senate Bill No. 996, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7453 (MCL 333.7453), as added by 1988 PA 139.
The bill was placed on the order of Third Reading of Bills.
The President,
Lieutenant Governor Gilchrist, resumed the Chair.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate Resolution No. 127.
A resolution to censure Senator John Bizon of the Nineteenth Senate District, State of Michigan.
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of 1963 provides:
All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.
; and
Whereas, Rule 1.301 of the Standing Rules of the Senate provides:
Each Senator shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office.
; and
Whereas, Rule 1.311 of the Standing Rules of the Senate provides, in part:
A Senator determined to have violated the provisions of the rules regulating ethics and conduct may be reprimanded, censured, or expelled.
; and
Whereas, Senator John Bizon pleaded guilty to misdemeanor assault and battery in February 2022, following an incident in August 2021 in which he inappropriately touched a female nurse practitioner. Senator Bizon’s guilty plea is a direct admission of wrongdoing for which he has been sentenced by a court in this state; and
Whereas, Senator Bizon – a physician and public official – not only has an obligation to follow the law and treat people with respect, but to serve as a model for his fellow citizens. In committing assault and battery, Senator Bizon failed to meet the high standards of conduct expected of his office by the people of Michigan; now, therefore, be it
Resolved by the Senate, That Senator John Bizon of the Nineteenth Senate District is hereby censured; and be it further
Resolved, That copies of this resolution be transmitted to Senator John Bizon.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senate Bill No. 1010, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2018 PA 235.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senator Zorn introduced
Senate Bill No. 1011, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2021 PA 48.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators VanderWall, Outman, Bumstead, Daley, Brinks, Victory, Geiss, Huizenga, Wojno, Bullock, Chang, Irwin, McBroom, Bizon, Wozniak, MacDonald, Horn and Schmidt introduced
Senate Bill No. 1012, entitled
A bill to establish a student mental health apprenticeship retention and training (SMART) internship grant program; to prescribe conditions for the administration of the student mental health apprenticeship retention and training (SMART) internship grant program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to require the promulgation of rules.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator McMorrow’s statement is as follows:
I didn’t expect to wake up yesterday to the news that the Senator from the 22nd District had overnight accused me, by name, of grooming and sexualizing children in an email fundraising for herself. So I sat on it for a while wondering, Why me? And then I realized, because I am the biggest threat to your hollow, hateful scheme. Because you can’t claim that you are targeting marginalized kids in the name of quote, Parental rights, if another parent is standing up to say, No. So then what? Then you dehumanize and marginalize me. You say that I am one of them. You say, She’s a groomer, she supports pedophilia, she wants children to believe that they were responsible for slavery and to feel bad about themselves because they are white.
Well here’s a little bit of background about who I really am. Growing up, my family was very active in our church. I sang in the choir. My mom taught CCD. One day our priest called a meeting with my mom and told her that she was not living up to the church’s expectations and that she was disappointing. My mom asked, Why? Among other reasons, she was told it was because she was divorced and because the priest didn’t see her at mass every Sunday. So where was my mom on Sundays? She was at the soup kitchen, with me.
My mom taught me at a very young age that Christianity and faith was about being part of a community; about recognizing our privilege and blessings and doing what we can to be of service to others, especially people who are marginalized, targeted, and who had less, often unfairly. I learned that service was far more important than performative nonsense like being seen in the same pew every Sunday or writing Christian in your Twitter bio and using that as a shield to target and marginalize already marginalized people. I also stand on the shoulders of people like Father Ted Hesburgh, the longtime president of the University of Notre Dame, who was active in the civil rights movement; who recognized his power and privilege as a white man, a faith leader, and the head of an influential and well respected institution; and who saw black people in this country being targeted, and discriminated against, and beaten; and reached out to lock arms with Dr. Martin Luther King Jr. when he was alive, when it was unpopular and risky, and marching alongside them to say, We’ve got you. To offer protection and service and allyship to try to write the wrongs and fix injustice in the world.
So who am I? I am a straight, white, Christian, married, suburban mom who knows that the very notion of learning about slavery, or redlining, or systemic racism somehow means that children are being taught to feel bad or hate themselves because they are white is absolute nonsense. No child alive today is responsible for slavery. No one in this room is responsible for slavery. But each and every single one of us bears responsibility for writing the next chapter of history. Each and every single one of us decides what happens next and how we respond to history and the world around us. We are not responsible for the past. We also cannot change the past. We can’t pretend that it didn’t happen or deny people their very right to exist.
I am a straight, white, Christian, married, suburban mom. I want my daughter to know that she is loved, supported, and seen for whoever she becomes. I want her to be curious, empathetic, and kind. People who are different are not the reason that our roads are in bad shape after decades of disinvestment or that healthcare costs are too high or that teachers are leaving the profession. I want every child in this state to feel seen, heard, and supported; not marginalized and targeted because they are not straight, white, and Christian.
We can’t let hateful people tell you otherwise to scapegoat and deflect from the fact that they are not doing anything to fix the real issues that impact peoples’ lives. And I know that hate will only win if people like me stand by and let it happen. So I want to be very clear right now, call me whatever you want; I hope you brought in a few dollars; I hope it made you sleep good last night. I know who I am. I know what faith and service means and what it calls for in this moment. We will not let hate win.
Senator Runestad’s statement is as follows:
There seems to be a swirling
tsunami of media coverage relating to the Grand Rapids shooting. My condolences
to the Lyoya family—I have five children and losing a child is probably the
worst thing I can imagine. However, my condolences also go out to the family of
the officer involved—I can just imagine the kind of duress they are under.
After watching the coverage of this tragedy it seems that many in the media and on the Democratic side of the equation have decided this is a perfect morality play between good and evil, to be supported by one-sided or out-of-context or completely fabricated information. I was reading recently that Black children in Grand Rapids are asking their parents, Will I too be shot because I’m Black? I’m not surprised they feel that way when you have reporters like Arpan Lobo of the Detroit Free Press who writes, and I quote, “In the footage, Lyoya was shot in the head and killed by a white”—white—“Grand Rapids police officer after attempting to run away from the officer during a traffic stop.” So there was a stop, the driver ran away, and the officer shot him in the head. That is Mr. Arpan Lobo.
I watched all the tapes provided by the police department given to the public and what it shows in multiple videos is the officer realizes the description of the car does not match the plate. Could the car be stolen? Could there be a body in the trunk? Could this have been used in a mass murder escape? The officer has no clue. However, the media has been saying the officer should have just ignored all possibilities and drove on past, or if he did stop the individual and the individual resisted then he should have just let him go. You have the car, they say. Did it occur to them the car could be stolen? That you may never get that individual? You may never see him again. If ensuring that license plates don’t match cars is unimportant, let’s get rid of them. Throw the plates away; they don’t matter.
Despite what I heard from the other side of the aisle that this was a typical stop by the cop who was dealing with this, it was anything but. It is very unusual to have someone refuse to comply with every single request and order of an officer. The officer asked Mr. Lyoya to stay in the car; he wouldn’t comply, he got out. The officer asked him to get back in; he wouldn’t comply. The officer asked Mr. Lyoya for identification, if he spoke English; he did speak English, he did not produce any ID. The individual then attempted to walk away; the officer grabbed him by the shoulder at which point he broke free and ran off. The officer chased after and tackled him. A struggle ensued for about 90 seconds. During the struggle, you could see Mr. Lyoya grabbing the taser on the camera and later you could hear the distressed officer say, He has my taser, let go of the taser, let go of the taser. At which point, the shooting occurred. That’s what we know.
Now, more media lies. Multiple outlets have said that once the taser fired its two projectiles, it was harmless. After talking with numerous law enforcement agencies, that is utter BS. The taser has a drive-stun feature that you can put up against an individual, pull the trigger, and it has an incapacitating effect. The media said, No, no, no, the feature is a little ouchy. No, it’s not a little ouchy, it’s incapacitating. Besides the drive-stun feature, the stun gun also is made of heavy plastic and steel construction, much like a regular pistol that could be utilized to bash the officer’s head in. Using the drive-stun or smashing the officer’s head with the stun gun could result in the officer’s incapacitation and the revolver being utilized to shoot the officer. You can hear the terror and overwhelming exhaustion in the officer’s face on tape just before the shooting. Of course, those leftist social justice warriors and their media handmaidens are not going to give these details to the public. Let the trial begin, said the king. No, no, said the queen. First the verdict, then the trial. First the verdict, then the trial. That’s the modern world of leftist journalism and leftist politicians.
Mr. President, I would like my comments printed verbatim in the Journal so that we can contrast it with what I’m likely going to be reading the media say tomorrow.
Senator Hollier’s statement is as follows:
What happened in Grand Rapids was not about the left or the right and it shouldn’t have been about Black or white. It was about the loss of a life. It was about a father who is never going to go home to his children. And it was about the idea that the state of Michigan doesn’t kill people. We don’t have the death penalty, we do not have laws that allow anyone to take someone’s life. We don’t. As a soldier, as a father, as a member of this chamber, it’s deeply concerning to me that we would try and justify it.
What happened was a tragedy. It’s not some moment where we’re all going to make political spaces. When I got up and spoke last week, it was talking about the angst I felt as a dad knowing that I was just grateful I got home, and that’s not what you’re hearing this discussion be about. It’s about whether or not an officer should have de-escalated. Yes, he should have de-escalated. In a split-second decision, do we all make bad decisions? Absolutely. But his bad decision cost someone their life. For any of you who have served in the military—I know a number of my colleagues have—you know that we go into every conflict with rules of engagement. If this had been in a conflict environment, if we had been facing an actual terrorist—someone from ISIS or the Taliban—and one of my soldiers found and disarmed an enemy combatant, they could not do what was done to Patrick. They would be tried. There is no idea that we would be following some long convoluted verdict or things, the level of force used disproportionate to what happened.
As you hear people talk about it they say, Well, he should have complied. Certainly he should have complied; not complying with an officer is a misdemeanor which could face no jail time. Well, he was wrestling with him, he fought back; still, a misdemeanor. If he had caused great bodily harm, could have been a felony punishable by five years. If he had killed the officer, something that none of us would have liked to see, the penalty in the state of Michigan would have been 20 years. Even for that, we do not allow the death penalty. For someone who was secured, someone who was being held down by an officer, the fact that we are in a situation where we are even debating this is the problem. The problem is not, Did what happened on the ground make sense? Was it legal? Was it lawful? It’s is this chamber willing to make the changes necessary to make sure this does not happen again. That is where we must be focused—not on the details of what happened with Patrick’s life and the loss of it, but on whether or not we are going to make sure that when other people are driving without a plate, without insurance, without a host of reasons that could result in someone getting pulled over, that it does not result in the loss of their life. That is what we can do as a chamber.
We can say that, and I’m air-quoting, routine traffic stops will not cost someone their life. That when you use force, it is clear that you are not using some soft idea of what makes you feel endangered or those kind of things, but you are following best practices, that you have the training and expertise necessary that a routine traffic stop as an officer you are taking does not mean that you are going to endanger your life. My sister was a Detroit police officer; my sister is a federal agent today. She has to go into these experiences. This is not about, Do we dislike the police or do we have any of those kinds of feelings? The question is, Does our system work for the people? Does it work for people who look like me? Does it create situations where people are going to come home to their families? The answer to that is very clear, that it does not, and no amount of protestation about who is woke or who cares or who doesn’t is going to change the details that we have to fix.
As a body, let us think about how we are going to change these interactions because they cannot continue to happen. We should not continue to have to deal with this discussion of whether or not people are going to come home from routine traffic stops.
Announcements of Printing and Enrollment
Enrolled Senate Bill No. 302 at 11:28 a.m.
The Secretary announced that the following bills and resolution were printed and filed on Thursday, April 14, and are available on the Michigan Legislature website:
Senate Bill Nos. 1006 1007 1008 1009
Senate Resolution No. 126
House Bill Nos. 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047
Committee Reports
The Committee on Health Policy and Human Services reported
Senate Bill No. 993, entitled
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.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate Bill No. 994, entitled
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.
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.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate Bill No. 995, entitled
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy and Human Services submitted the following:
Meeting held on Thursday, April 14, 2022, at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
COMMITTEE ATTENDANCE REPORT
The Committee on Agriculture submitted the following:
Meeting held on Thursday, April 14, 2022, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Daley (C), Lauwers, Polehanki and Brinks
Excused: Senator Victory
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and Public Safety submitted the following:
Meeting held on Thursday, April 14, 2022, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Victory (C), VanderWall, Barrett, Johnson, Runestad, Wozniak, Chang and Irwin
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Military and Veterans Affairs/State Police submitted the following:
Meeting held on Thursday, April 14, 2022, at 1:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Barrett (C), Runestad and Hollier
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Agriculture and Rural Development submitted the following:
Meeting held on Thursday, April 14, 2022, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Victory (C), Daley and McCann
Appropriations – Tuesday, April 26,
Wednesday, April 27, and Thursday, April 28, 8:30 a.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Subcommittees –
Agriculture and Rural Development – Thursday, April 21, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Community Health/Human Services – Wednesday, April 20, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Corrections and Judiciary – Wednesday, April 20, 11:30 a.m. or immediately following session, Room 1300, Binsfeld Office Building (517) 373-2768
General Government – Wednesday, April 20, 3:15 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
K-12 and Michigan Department of Education – Thursday, April 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Labor and Economic Opportunity/MEDC – Wednesday, April 20, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-2768
Licensing and Regulatory Affairs/Insurance and Financial Services – Thursday, April 21, 9:00 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Military and Veterans Affairs/State Police – Thursday, April 21, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Universities and Community Colleges – Thursday, April 21, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Economic and Small Business Development – Thursday, April 21, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721
Finance – Wednesday, April 20, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Health Policy and Human Services – Thursday, April 21, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:34 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Wednesday, April 20, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate