STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Thursday, April 29, 2021.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Lana Theis.
Alexander—present Hollier—excused 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—present MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—present
Chang—present McCann—present VanderWall—present
Daley—present McMorrow—present Victory—present
Geiss—present Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Ed McBroom of the 38th District offered the following invocation:
Dear Father, I praise You for Your great lordship over all things. This world can seem so out of control and full of disorder and chaos; however Your Word lets us know that all things are in Your hands and that You are redeeming each moment. You take every evil plan, every sorrow, and every broken life and heart and redeem them for Your glory and Your good and perfect plan for those who love You.
Father, we pray that in these times when it seems we have no control over what’s happening and that death and sorry are all around us and that the foundations of what we hold dear are under attack, that You will save us, Father, that You will utilize Your people and Your Word to change hearts and minds to follow You, to know what is right to do, to do what is good. Father, we also know that this world is indeed passing away and that our hope is not in kings or powers or presidents or politicians, but our hope is in You. Father, comfort us in these days. Give us the strength to do what is right. Give us a passion for people—the downtrodden, the broken-hearted, the outcast, the poor, the imprisoned, the widow and orphan. Father, these are those whom You command us to care about.
Help us as we deliberate on policy and money, that we would be focused on doing what is the mission of government that You have ordained—to do what is right, to condone that which is good, and to punish that which is evil. Help us, Father, to know the difference between the two.
I pray these things in Jesus’ name. Amen.
The Assistant President pro tempore, Senator Theis, led the members of the Senate in recital of the Pledge of Allegiance.
The President pro tempore, Senator Nesbitt, assumed the Chair.
Motions and Communications
Senator Bullock entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate Concurrent Resolution No. 15
The motion prevailed.
Senator Shirkey offered the following concurrent resolution:
Senate Concurrent Resolution No. 15.
A concurrent resolution of tribute offered as a memorial for Tom Casperson, former member of the House of Representatives and the Senate.
Whereas, It is with great sadness that the members of the Michigan Legislature learned of the passing of Tom Casperson. A steadfast public servant, he worked tirelessly during his legislative tenure for the residents of the Upper Peninsula and all Michiganders; and
Whereas, A life-long resident of Escanaba, Tom Casperson worked in his family’s log truck business for 27 years, 12 as owner/operator. He was proud of the fact that he was the third generation to participate in the family business. Hours of working in the woods and driving log trucks through the Upper Peninsula forged his respect and sense of responsibility for the natural resources of our state and instilled a passion for their sustained and strategic use. He was active in his profession as a member of the Michigan Association of Timbermen and the Timber Producers Association. A log truck accident and his subsequent efforts to pursue safety measures and design changes in the industry inspired him to run for elected office; and
Whereas, Tom Casperson
served for 14 years in the Legislature, relying on his experience in business
and forestry, his faith and passion for the interests of the Upper Peninsula,
and his willingness to work with all interested parties to address the problems
facing our state. First elected in 2002 to the House of Representatives, he
served 6 years representing the One hundred-eighth District. In the House, he
held the position of Assistant Majority Whip. During this time, he served as
chair of the Conservation, Forestry and Outdoor Recreation Committee and the
subcommittee on Forestry and Mineral Rights. He was vice chair of the
Transportation Committee and minority vice chair of the Tourism, Outdoor Recreation
and Natural Resources Committee. He also served on the Agriculture, Energy and
Technology, and Veterans Affairs and Homeland Security committees, and the
Appropriations Subcommittee on Transportation; and
Whereas, In 2010, Tom Casperson was elected, and reelected in 2014, to the Michigan Senate, representing the Thirty-eighth District for 8 years. In the Senate, he served as chair of the Natural Resources and Transportation committees. He also served on the Outdoor Recreation and Tourism; Reforms, Restructuring and Reinventing; Families, Seniors, and Human Services; and Finance committees; and
Whereas, Tom Casperson’s ability to listen and courteously discuss contested issues provided him with an avenue to champion matters important to his constituents. He worked hard to find common ground and consensus on contentious issues, such as mining and land management, that allowed economic development in northern Michigan while also protecting the natural resources that make the Upper Peninsula a special place. He took the lead on incorporating the castle doctrine in state law, protected the autonomy of the Mackinac Bridge, and required the state to implement a Land Management Plan. He secured funding for a wide variety of key Upper Peninsula projects, including repairing infrastructure in Houghton County following the “thousand year flood,” aiding numerous communities impacted by the historic Freeze Crisis in 2014, and rebuilding a breakwall in Grand Marais Harbor that had been in disrepair for decades. His perseverance and ability to work across the aisle resulted in his sponsoring 118 bills that became public acts during his 14-year tenure as a legislator. Moreover, he was recognized by many organizations as being an effective legislator, with several awarding him Legislator of the Year including MIRS News in 2013; and
Whereas, Tom Casperson loved helping people. He was willing to listen and forge relationships and give the time to mentor the next generation of leaders, and he was humble and passionate in these efforts. His devotion to the people of Michigan and his passion to provide a voice for the Upper Peninsula will not soon be forgotten. The Senator’s sincere faith in God, concern for people, and legislative efforts and achievements will impact the state for many years; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Tom Casperson, a member of the Michigan House of Representatives from 2003 to 2008 and the Michigan Senate from 2011 to 2018; and be it further
Resolved, That copies of this resolution be transmitted to the Casperson family as evidence of our lasting esteem for his memory.
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 a unanimous standing vote of the Senate.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed.
Senator McBroom’s statement is as follows:
Imagine being a young man with unreachable dreams of serving in the Legislature, but having no connections or knowledge of how it’s done. Stuck in this situation, the young man occasionally encounters the man who has that position. He’s successful, popular, experienced, and dauntless, but the young man is too shy and intimidated to ask him for help and advice. This was me before the moment I met Tom Casperson and he approached me in 2009 about running for office.
He asked me if I wanted to run and suggested I could actually do it. I was still this awed kid pursuing a dream and now hearing about it from someone who had made it. Two months later, my wife and I had dinner with Tom and his wife. We were just a couple of kids from a U.P. dairy farm, finding ourselves sitting with the U.P. equivalent of a celebrity. But despite my deference and hesitancy around him, he believed in me and never ceased to befriend and encourage me.
By the time we each won our elections that fall, we had developed a friendship that only grew over the next ten years. Tom went from being like a father in the work to being a brother. We shared a passion for the Upper Peninsula, for Michigan, and for the country. We both believed in the people of the U.P. and their desire to work against an intrusive government, and even worse, any mindset that views the U.P. and its people as subservient to the whims and pleasures of people who live in other places.
And we loved the Packers. A few weeks after we started our terms together in 2011, the Packers made their run to the Super Bowl. Tom told me about how he used to rub in the Packers being the better team to all of his House colleagues in caucus. And so I snuck that cheesehead into caucus one day just a few weeks in when nobody even knew who I was and immediately proceeded to rub in how the Lions still hadn’t made it. And that cheesehead has been on all of my desks in the Legislature ever since.
Despite all that bound us together in fun and professionally, our friendship grew because of much more important foundations in our values of family and our belief in Christ. Tom loved family and we talked about it all the time. He was so in love with Diane and with his children. He loved to tell stories about his own childhood and his sisters and his parents. I remember one story about how he was snowmobiling with one of his sisters and had a near-accident and they got the machine back in and parked it and went into the house and didn’t ride for a while, but they didn’t tell their dad what had happened. I remember the stories he told about working with his dad and his first time driving a log truck, or how much his mother took care of them, especially in those early morning hours when they got up to go out to the job. He was incredibly proud of the success of his children and I watched all the worries and fears about them as they were moving from kids into adulthood melt away as they started their own families and got their own jobs. He was so proud. And he adored his grandchildren.
But nothing mattered more to Tom than knowing and following Jesus Christ. He was incredibly faithful to the Wednesday morning Bible study here in Lansing and to his church at home. He even did a little preaching. This faith impacted every decision and position he took, sometimes during debate and votes and other times after the debate and votes. He took the time to apologize and set the record straight when he had shared bad information because of his faith. It’s why he didn’t shrink away from setting the record straight when lies and rumors about his integrity came.
Tom was a man of integrity who valued truth, a commodity this form of government and society depend on, and its decline is at the root of our diminishing ability to execute both. He would often compliment me on my ability to share these things with words, but Tom was the true master because he spoke plainly and directly and wasn’t worried about the art or the nuance. He spoke as a man convicted that lies and greed could not be left unconfronted or unanswered.
He also knew that truth without love is simply noise and wins few listeners. Tom loved people. Beyond the love he had for his family, he loved his neighbors in the U.P. and in Lansing. He cared about the members he served with, often telling me how much he appreciated a colleague from either side of the aisle or either side of an issue. And he didn’t have to articulate his love because Tom didn’t believe in leading with his faith on his sleeve or that it would win anyone over, but that living life and truth according to the Word and the faith with love could.
There is a verse that has come to my mind about Tom for many years since we became friends—he has been that “friend who sticks closer than a brother.” When my brother died, Tom dropped everything to be there for me. I know he did this for others in their times of loss. And now he’s gotten to go on to glory, leaving us all behind. And I miss him. I miss our fellowship, how we sharpened each other, and made each other better men and better legislators. I miss having that friend who knows what I am going through here and back at home, and I am overwhelmed by sitting here in this chamber less than four years after he did and being at a podium to speak on his memorial resolution.
So, in his memory, and to honor him one final time here, in the mutual hope that Tom has, I give this speech to give one last chance for him to testify to you all how critical it is to seek truth and find eternal life with God. Tom died the way he lived—confident to the end that his God, in whom he believed, would be faithful to keep all that Tom committed to Him for that day.
I know I’m going to see him again, “For I know my Redeemer lives, and He shall stand at last on the earth; And after my skin is destroyed, this I know, that in my flesh I shall see God.”
Thank you, Mr. President, and all my colleagues for listening and giving me a few minutes to remember one of the dearest and best God and the U.P. has ever sent to serve. May God bless you all and give you comfort, and give comfort to the Casperson family and friends.
Senator Stamas’ statement is as follows:
It’s truly an
honor to have had the opportunity to serve with Tom for ten years—six of those
in the same chamber together. I cannot recall nor do I want to try to add up
the hours I’ve sat in Natural Resources Committee hearings as he discussed so
many important topics, not only for the U.P. but for the entire state. Just to
share a couple moments that I will always remember was when one of those
committees when the discussion was on wolves. It was a nice, lively
conversation and I sort of decided to make a comment such as, Well, if the
Lower Peninsula’s so concerned about the wolves in the U.P. and the maintenance
of it, then maybe we ought to bring them down here as well. His face, when I
saw it, was like, I’ve always wanted to say that, but there was no way I was
going to say it.
I had the opportunity to go to the U.P. many times with Tom and travel and get to know and see the people he loved, his communities, the passion that he had, and the vibrance of our great Upper Peninsula. He was never short on the opportunity to talk about his family or the Lord. I agree with you 100 percent, Ed, he walked the faith, he walked the faith.
While up in the U.P. one time, we had the opportunity to get in a four-seat plane to go learn how they do the counting of the moose. We’re flying around and you turn left and swing back to the right, and we were able to find, I think, 12—maybe 14—moose that we were able to spot from the air. We’re about 300 feet in the air. They said, OK, we’ve seen enough moose, we have a wolf that we’re picking up the signal so we’re going to see if we can’t spot the wolf. It’s usually difficult, but we’re going to try. The plane starts circling in one direction and we’re not seeing it. All of a sudden, he turns and starts circling the other way, and then he turns and starts circling the other way. I do pretty well in planes, but about the fifth time he started turning the other way and my face is about green, I said, I think I’m good. Tom reached over—he’s sitting next to me—he put his hand on me and can see my face is just beading with sweat, I’ve got the little vent open full blast—this is winter—and he goes, Thank you; I was too afraid to ask.
These are moments that I will cherish, but I will not forget the opportunities I saw with Tom and Senator Booher, who fought for our Natural Resources Trust Fund changes to make a continued difference for our state as well. That went on the ballot and passed with the support of Michigan and it is an amazing accomplishment that he worked for years to accomplish.
I will miss you, Tom. Well done, good and faithful servant.
Senator Shirkey’s statement is as follows:
As I stand before you today, let me be the surrogate for the last word for today’s celebration. We all have sad hearts, but we all have fond memories of our friend and colleague, Tom Casperson. I’m not going to repeat the stories and the sentiments of the previous two speakers. Frankly, just about everybody in this chamber could stand up and share a fond, memorable memory of Senator Casperson. But allow me a minute to stand here before you as an advocate as we share a few final words.
Like many of you, I am proud to have known him and call him friend. My heart is heavy, but it’s also joyful. Our hearts, by God’s creation, allow us the capacity to be sad and joyful at the same time. For 27 years Tom worked in his family’s log business in Escanaba. He was the third generation and very proud of that fact. But it’s Tom’s pride, his commitment, and his hard work that caused him to do double duty for 14 of those 27 years as he both had his thumb and his hand on the wheel of the business and also served here in the Legislature, contributing in both ways, in major ways.
Tom’s list of accomplishments and leadership roles in the Legislature is long and remarkable. But it wouldn’t do Tom justice just to talk about what he did. As previous speakers have referenced, in many ways what’s really memorable is how he did it. Tom was a great listener. Such a great listener, in fact, that his ears were clearly not enough because he put his heart into every conversation and to every person he interacted with. He worked hard to find common ground on even the toughest and contentious issues. And more often than not, he was successful. As I said, the list of Tom’s accomplishments is long, but there is one that comes to mind and stands out that I’d like to talk about briefly. This is mainly because it encapsulates the kind of public servant Tom really was, the guy who would do whatever it took to serve his community.
In 2018 a thousand-year flood wiped out large parts of the city of Houghton and large parts of the county. Five-and-a-half inches of rain fell in just less than six hours and that was more than enough to collapse homes and roads and cause untold millions of dollars of damage. What did Tom do? He got to work just like he always did. He got funding in place to help those families and those communities rebuild as quickly as possible and he did this all while battling a vicious enemy that he was suffering himself, with cancer.
Though listener, collaborator, and friend are clearly accurate labels for Tom, they do not represent the complete wake that he left when he left this chamber. Those of you who will remember that last lame duck, when Tom was here with us, now many of us refer to it not as lame duck, but as ‘flame’ duck, because all this talk about Tom getting along and finding solutions for things, he left us with a memorable, lasting impression because he singlehandedly had an arms-long length list of legislation to be processed through lame duck, which is now called ‘flame’ duck, because he accomplished one thing that nobody would ever expect out of Tom Casperson. He pissed off just about everybody in Lansing for the purpose of accomplishing some very, very good things.
He will be remembered as a fighter and a servant,
absolutely a follower of Christ, and a lion among those who knew him. But most
of all he will be remembered as a devoted husband and a loving father. As a
testament to his indelible mark Tom left on everybody, we are joined here today
by Diane and his enormous and loving and faith-filled family. And in the year
that we’ve all experienced—a year plus—of this insidious virus which has
interrupted our ability to love, to grieve, to heal, and to celebrate, I’m glad
that we’re able to do that today with and for Tom and his family. Though our
hearts are heavy, I still think we can have joy. We can have joy knowing where
Tom is. And he now is experiencing God’s promise. “Eyes
have not seen. Ears have not heard. All the things that God is now preparing.
For the saints”—like Tom—“that love the Lord.”
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:35 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 House
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 125 (MCL 125.525), as amended by 2016 PA 14.
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,
Senator Lauwers moved that further consideration of the bill be postponed for today.
The motion prevailed.
A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 2011 PA 106.
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.
Pursuant to rule 3.202, the bill was laid over one day.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Chang moved that Senator Hollier be excused from today’s session.
The motion prevailed.
The following communication was received:
Office of Senator Erika Geiss
April 28, 2021
Please remove my name from the co-sponsor list for Senate Bill 363. Thank you.
Sincerely,
State Senator Erika Geiss
Sixth Senate District
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Dayna Polehanki
April 29, 2021
I am requesting that my name be removed as a co-sponsor from Senate Bill 363. It was introduced on April 15, 2021 by Senator Kevin Daley and has been referred to the Committee on Economic and Small Business Development.
Sincerely,
Dayna Polehanki
State Senator
Senate District 7
The communication was referred to
the Secretary for record.
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 bills:
Senate Bill No. 191
Senate Bill No. 256
Senate Bill No. 247
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 191, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100b, 100c, 281b, 400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o, 517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b, 330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430, 330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o, 330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections 100a and 100b as amended by 2020 PA 402, section 100c as amended by 2020 PA 285, sections 400 and 420 as amended by 2018 PA 595, section 281b as added by 2014 PA 200, sections 423, 425, 426, 427, 429, and 463 as amended by 2016 PA 320, sections 430, 498o, 700, and 740 as amended by 1995 PA 290, sections 434, 435, 438, 452, and 461 as amended by 2018 PA 593, sections 517 and 532 as amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.
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—35
Alexander Daley McBroom Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Zorn
Chang MacDonald Santana
Nays—0
Excused—1
Hollier
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. 256, entitled
A bill to amend
1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL
205.75), as amended by 2020 PA 29.
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. 111 Yeas—35
Alexander Daley McBroom Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Zorn
Chang MacDonald Santana
Nays—0
Excused—1
Hollier
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. 247, entitled
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 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. 112 Yeas—35
Alexander Daley McBroom Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Zorn
Chang MacDonald Santana
Nays—0
Excused—1
Hollier
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Moss 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 without amendment, the following bill:
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 110.
The bill was placed on the order of Third Reading of Bills.
Senate Bill No. 220, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 802 (MCL 257.802), as amended by 2019 PA 88.
Substitute (S-2).
By unanimous consent the Senate returned to the order of
Resolutions
Senators Santana and Wojno offered the following resolution:
Senate Resolution No. 44.
A resolution to commemorate April 30, 2021, as Distracted Driving Awareness Day.
Whereas, Distracted driving is a serious threat to public safety on Michigan’s roads; and
Whereas, Since 2010, Michigan law has prohibited texting while driving; and
Whereas, Drivers from all socio-economic backgrounds, races, ethnicities, genders, and ages engage in and are harmed by distracted driving; and
Whereas, Nationally, distracted driving causes hundreds of thousands of injuries and thousands of fatalities every year. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving tragically claimed the lives of 3,142 Americans in 2019, an increase of nearly 10 percent from 2018; and
Whereas, According to the AAA Foundation for Traffic Safety, approximately 69 percent of drivers agree that typing or reading e-mails, text messages, and social media while driving is extremely dangerous, but many still engage in dangerous practices on the road; and
Whereas, Young drivers are
further at risk of distracted driving. The Children’s Hospital of Philadelphia
reports that 39 percent of high school students reported texting or emailing
within the past month; and
Whereas, The Centers for Disease Control and Prevention (CDC) reported that nearly 40 percent of teens still engage in texting while driving; and
Whereas, We encourage school districts across Michigan to partner with campaigns like Arrive Alive, a peer-to-peer campaign that establishes safe driving and passenger safety behaviors among teens and youth during the high-risk warm weather months; and
Whereas, Michigan’s roads would be made safer by a reduction of distracted driving; and
Whereas, The campaign to reduce distracted driving has been aided by the efforts of local and state law enforcement in Michigan; now, therefore, be it
Resolved by the Senate, That the members of this legislative body commemorate April 30, 2021, as Distracted Driving Awareness Day; and be it further
Resolved, That we encourage all Michiganders to put down their telephones while driving.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Bayer, Geiss, Johnson, McMorrow and Moss were named co-sponsors of the resolution.
The motion prevailed.
Senator Santana’s statement is as follows:
Today I’m offering a resolution to declare April 30, 2021 as Distracted Driving Awareness Day in Michigan. Distracted driving causes hundreds of thousands of injuries every year, including thousands of avoidable fatalities. According to the National Highway Traffic Safety Administration, distracted driving tragically claimed the lives of 3,142 Americans in 2019, an increase of nearly 10 percent from the previous year.
Although drivers seem to acknowledge the danger of distracted driving, they do so anyway—including some of us in this chamber. Young drivers are especially at risk. For example, the Children’s Hospital of Philadelphia has reported that 39 percent of high school students had reported texting or e-mailing while driving in just the past month. Michigan law has prohibited texting while driving since 2010, but that has not stopped some people from choosing to drive distracted. This is extremely dangerous, irresponsible, and troubling. Anyone behind the wheel should only be thinking about the other lives on the road around them.
I share my gratitude with local and state law enforcement who have stepped up their efforts to put an end to distracted driving as best as they can. I urge everyone to arrive alive by resisting the temptation to use your phone while driving.
And please, if you believe in this mission, I welcome all of you to sign and co-sponsor this resolution. Thank you so much for your attention, and, colleagues, I urge a “yes” vote on this resolution.
Senator Hertel offered the following resolution:
Senate Resolution No. 45.
A resolution to observe May 2-8, 2021, as Tardive Dyskinesia Awareness Week.
Whereas, Many people with serious, chronic mental illness, such as schizophrenia and other schizoaffective disorders, bipolar disorder, or severe depression, require treatment with medications that work as dopamine receptor blocking agents (DRBAs), including antipsychotics; and
Whereas, While ongoing treatment with these medications can be very helpful, and even lifesaving, for many people it can also lead to tardive dyskinesia (TD); and
Whereas, Many people who have gastrointestinal disorders, including gastroparesis, nausea, and vomiting also require treatment with DRBAs; and
Whereas, The treatment of gastrointestinal disorders with DRBAs can be very helpful, but for many patients can also lead to tardive dyskinesia; and
Whereas, Tardive dyskinesia is a movement disorder that is characterized by random, involuntary, and uncontrolled movements of different muscles in the face, trunk, and extremities. In some cases, people may experience movement of the arms, legs, fingers, and toes. In some cases, it may affect the tongue, lips, and jaw. In other cases, symptoms may include swaying movements of the trunk or hips, and it may also impact the muscles associated with walking, speech, eating, and breathing; and
Whereas, Tardive dyskinesia
can develop months, years, or decades after a person starts taking DRBAs and
even after they have discontinued the use of those medications. Not everyone
who takes a DRBA develops TD, but if developed, it is often permanent; and
Whereas, Common risk factors for tardive dyskinesia include advanced age and alcoholism or other substance abuse disorders. Postmenopausal women and people with a mood disorder are also at higher risk of developing tardive dyskinesia; and
Whereas, A person is at higher risk for TD after taking DRBAs for three months or longer, but the longer the person is on these medications, the higher the risk of developing tardive dyskinesia; and
Whereas, Studies suggest that the overall risk of developing tardive dyskinesia is between 10 and 30 percent; and
Whereas, It is estimated that over 500,000 Americans suffer from tardive dyskinesia. According to the National Alliance for Mental Illness (NAMI), one in every four patients receiving long-term treatment with an antipsychotic medication will experience tardive dyskinesia; and
Whereas, Years of both difficult and challenging research have resulted in recent scientific breakthroughs, with two new treatments for tardive dyskinesia approved by the United States Food and Drug Administration (FDA); and
Whereas, Tardive dyskinesia is often unrecognized and patients suffering from the illness are commonly misdiagnosed. Regular screening for TD in patients taking DRBA medications is recommended by the American Psychiatric Association (APA); and
Whereas, Patients suffering from tardive dyskinesia often suffer embarrassment due to abnormal and involuntary movements, which leads them to withdraw from society as well as an increase in self-isolation as the disease progresses; and
Whereas, Caregivers of patients with tardive dyskinesia also face many challenges and are often responsible for the overall care of the TD patient; now, therefore, be it
Resolved by the Senate, That the members of this legislative body observe May 2-8, 2021, as Tardive Dyskinesia Awareness Week; and be it further
Resolved, That we raise awareness of tardive dyskinesia in the public and medical community and encourage each individual in the United States to become better informed about tardive dyskinesia.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
Senators Bayer and McMorrow were named co-sponsors of the resolution.
Senator Stamas offered the following resolution:
Senate Resolution No. 46.
A resolution to urge the United States Congress and the President of the United States to exempt absent voter ballots used in a federal election from the requirement of postage when using the United States Postal Service.
Whereas, The right of citizens to participate in free and fair elections is the cornerstone of our constitutional republic and our state, inscribed in and safeguarded by the United States Constitution and the Constitution of Michigan of 1963; and
Whereas, Access to and participation in the election process should be equally protected and provided to all citizens, regardless of geographic location, financial status, or any other immutable characteristic prohibited from discrimination by our legal system, established on the natural law principal that equality under the law is undeniable; and
Whereas, Procedural uniformity and predictability are paramount in conducting a secure, fair, and efficient election in the state of Michigan, as village, city, township, and county clerks are expected to work together to ensure that access to and the integrity of the system remain intact; and
Whereas, 3.3 million absent voter ballots were cast in Michigan during the 2020 general election, but those citizens who chose to mail their ballots were not treated equally, as some were provided a pre-paid postage return envelope and others had to obtain postage themselves; and
Whereas, The federal Postage Regulatory Commission and the process to establish postage rates were created by an act of Congress. An act of Congress to provide an exemption for absentee ballots from postage requirements would make it unambiguous and protected from the actions of unelected bureaucrats; now, therefore, be it
Resolved by the Senate, That we urge the United States Congress and the President of the United States to exempt absent voter ballots used in a federal election from the requirement of postage when using the United States Postal Service; and be it further
Resolved, That copies of
this resolution be transmitted to the President of
the United States, the President of the United States Senate, the Speaker
of the United States House of Representatives, and the members of the Michigan
congressional delegation.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Senator Lauwers moved that the resolution be referred to the Committee on Elections.
The motion prevailed.
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 prohibit the implementation of policies in medical facilities that ban other individuals from being present during certain medical procedures or during the end of life of certain individuals; to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe civil sanctions.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
Senators MacDonald and Horn introduced
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 bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Barrett, Nesbitt, LaSata, Runestad, Theis and VanderWall introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2014 PA 158.
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 2017 PA 128, entitled “Law enforcement officer separation of service record act,” by amending the title and sections 1, 2, 3, and 5 (MCL 28.561, 28.562, 28.563, and 28.565), section 5 as amended by 2018 PA 522, and by adding section 6.
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 1978 PA 397, entitled “Bullard-Plawecki employee right to know act,” by amending sections 7 and 9 (MCL 423.507 and 423.509), as amended by 2018 PA 521.
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1985 and 1991 (MCL 600.1985 and 600.1991), section 1985 as added by 2015 PA 230 and section 1991 as added by 2015 PA 233, and by adding section 1991a.
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.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Lauwers moved that rule 2.107 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:15 a.m.
Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
Recess
Senator Lauwers moved that the Senate recess until 1:30 p.m.
The motion prevailed, the time being 12:06 p.m.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:31 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator Theis.
Senator Chang moved that Senator Ananich be excused from the balance of today’s session.
The motion prevailed.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:50 p.m.
The Senate was
called to order by the President, Lieutenant Governor Gilchrist.
Michigan Cherry Committee
Ms. Juliette McAvoy of 5456 Church Road, Central Lake, Michigan 49622, county of Antrim, succeeding Greg Shooks whose term has expired, appointed to represent District 1 tart cherry growers, for a term commencing March 5, 2021 and expiring February 1, 2024.
Ms. Emily A. Miezio of 10351 E. Solem Road, Suttons Bay, Michigan 49682, county of Leelanau, succeeding Benjamin LaCross whose term has expired, appointed to represent District 1 tart cherry growers, for a term commencing March 5, 2021 and expiring February 1, 2024.
(The appointments were referred to the Committee on Advice and Consent on Tuesday, March 9. See Senate Journal No. 20, p. 286).
The motion prevailed, a majority of the members serving voting therefor.
Senator Lauwers moved that the appointments be considered en bloc.
The motion prevailed.
Senator Lauwers moved that the Senate disapprove the appointments.
The question being on the disapproval of the said appointments to office,
The Senate disapproved of the appointments to office, a majority of the members serving voting therefor, as follows:
Roll Call No. 113 Yeas—20
Barrett Johnson Nesbitt Stamas
Bizon LaSata Outman Theis
Bumstead Lauwers Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn McBroom Shirkey Zorn
Nays—14
Alexander Chang McCann Polehanki
Bayer Geiss McMorrow Santana
Brinks Hertel Moss Wojno
Bullock Irwin
Excused—2
Ananich Hollier
Not Voting—0
In The Chair: President
Protest
Senator Polehanki, under her constitutional right of protest (Art. 4, Sec. 18), protested against the disapproval of the gubernatorial appointments and moved that the statement she made during the discussion of the appointments be printed as her reasons for voting “no.”
The motion
prevailed.
Senator Polehanki’s statement is as follows:
The Michigan Cherry Committee was developed for the purpose of improving the economic position of the Michigan red tart and sweet cherry growers by creating greater marketing opportunities for their fruit. The Cherry Marketing Institute nominated several people, and two among them are Juliette King-McAvoy and Emily Miezio to represent District 1 tart cherry growers. Once again, my colleagues in the majority party are rejecting the appointments of two qualified women for no good reason.
Emily Miezio has been the receiving station manager for Cherry Bay Orchards that she owns with her husband since 2006. Juliette King-McAvoy is vice president of sales and marketing for King Orchards. She holds two bachelor of science degrees in agribusiness management and horticulture with a specialization in food industry management from Michigan State University.
These women have stepped up as volunteers to create marketing opportunities for one of Michigan’s biggest agricultural industries—cherries. As the Democratic Vice Chair of the Agriculture Committee in the Michigan Senate, I am disappointed that my Republican colleagues are once again playing political games by withholding the appointments of qualified women.
Senator Hertel’s first statement is as follows:
Up until today, the most controversial thing about cherries was a song by Warrant.
It is sad that we continue to get to this place over and over again. What is more sad is a group of people who complain on the regular about a lack of communication and a lack of being part of the process that continues to surprise the other side of the aisle with no information, no timetable, no reasoning for why these things continue to happen. It’s hard to take seriously complaints about other people not being communicated with or being part of the process when your colleagues who are literally across the floor, you can’t walk over to give information to beforehand. It doesn’t really feel like we’re supposed to be working together as a team when that happens.
Also, the complete lack of an ability to define what the reasons are begs quite a bit of questions. Are we back at the point where we’re rejecting things based on politics? Is that why we’re rejecting these appointments? Is it because we’re angry about the emergency order situation again? Is that why we’re doing it? These would be the only two women of the nine-member board who would be the only women on it. Is that the reason? Is it the fact that they’re two small farmers and the people they’re replacing are big farmers, and we don’t want to support small farms? It’s hard to know because no one will actually give us a reason. It is impossible to believe these people aren’t qualified reading their resumes as my colleague just did a few moments ago. It begs a lot of questions.
Again, what I would ask is, Why were these people not given a hearing? Why didn’t we ask them any questions? Why didn’t we go through any way our normal process on this? Again, it’s hard to know because no one over there will give us any answers. What I would ask, again, is that those who want to be treated with respect will treat others with respect as well. At this point, for those of us who are on the other side of the aisle, this seems like a game that’s being played over and over again.
We’ll listen to your cries about not being communicated with and not being treated as part of government when you listen to ours. Until then, we’ll treat them for what they are which is you asking someone to treat yourself differently than you treat us.
Senator Daley’s statement is as follows:
I’m really disappointed in the fact that we’re trying to get this pointed out as a political function. I don’t get up here and talk very often but I’m going to get up here and defend the farmers today because I’ll tell you what, I get up every morning before I head over to Lansing and I feed the cattle and I go home in the evening and I check the cattle. And if they get out during the day I get a phone call if they’re out.
Those cherry farmers are depending on us. Their jobs are important to them and this committee is important to them. The political games that are being played are being played in that office across the street by the Governor. She was offered and asked to reconsider those positions and she refused to do it. This is a political game that’s being played by the Governor’s office, not by the legislators. It’s time we deny these positions for the cherry farmers of this state. That’s what that committee is for and that’s what we’re here for. So this needs to be denied.
Senator Hertel’s second statement is as follows:
Just quickly to the previous speaker, the way that someone gets on the list to be appointed to this committee is the marketing industry itself—the cherry industry—sends four names. They send four names to the Governor’s office and two of them were approved. It’s hard to claim that unless you’re accusing the cherry advertising people in terms of playing politics, it’s pretty hard to say that. But I will say that I’m glad somebody finally got up and explained what it was. Again, I represent the same amount of people you do. We’re sitting here on the other side of the aisle, we’re supposed to be partners in trying to figure out government. Not one person has walked across the aisle to explain to anybody on this side what the reasoning is. Not one person has said it was going to be today. Not one person said it might be today after we were in recess for two hours.
I appreciate you giving some level of information on what it is. You got some phone calls from some farmers. That’s important. I’m glad your constituents are being well-served today. It would be nice if all of us could do that by actually getting the information beforehand. Again, I would say that if you want to be part of governing, you complain all the time about people not talking to you, people playing politics, people not getting information, maybe you would treat your partners on the other side of the aisle with the same amount of respect. That’s all I’m asking for. What’s good for the goose is good for the gander.
Again, I’m a little surprised that we got a heated debate about cherries today. I wasn’t expecting that to happen when I walked into the office today. You could write a great book about this place sometimes. I think if you wrote a movie about the great controversy in the cherry industry, people would tell you it was unbelievable and they wouldn’t be able to read it. That being said, again, I’m just asking for a basic level of decorum. Next time we’re in this process, maybe someone could come talk to us as well. That would be appreciated.
Senator McMorrow’s statement is as follows:
I’ve been gone from this chamber for a number of weeks, and I’d just like to state for the record the series of events that I experienced today coming back—the Governor and the Department of Health and Human Services announced specific guidance and metrics for re-engaging sectors of our economy and lifting the last remaining mitigation efforts for our fight against COVID-19, there were a number of recesses, and now a surprisingly fiery debate about rejections of appointments to the Cherry Committee.
Announcements of Printing and Enrollment
House Bill Nos. 4118 4119 4164
The Secretary announced that the following bills and resolution were printed and filed on Wednesday, April 28, and are available on the Michigan Legislature website:
Senate Bill Nos. 394 395 396 397 398 399 400 401 402 403
Senate Resolution No. 43
House Bill Nos. 4725 4726 4727
Committee Reports
The Committee on Finance reported
Senate Bill No. 378, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 254.
With the recommendation that the bill pass.
Jim Runestad
Chairperson
To Report Out:
Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall and Chang
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, April 28, 2021, at 12:00 noon, Room 403, 4th Floor, Capitol Building
Present: Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall and Chang
Excused:
Senator Alexander
The Committee on Appropriations reported
Senate Bill No. 36, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, Nesbitt, Outman, Runestad, Schmidt, Victory, Daley, Hertel, Bayer, Irwin, McCann and Santana
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 394, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” by amending sections 10 and 10o (MCL 247.660 and 247.660o), section 10 as amended by 2020 PA 222 and section 10o as amended by 2000 PA 188.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, Nesbitt, Outman, Runestad, Schmidt, Victory and Daley
Nays: None
The bill was
referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, April 28, 2021, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, MacDonald, Nesbitt, Outman, Runestad, Schmidt, Victory, Daley, Hertel, Bayer, Irwin, McCann and Santana
Absent: Senator Hollier
The Committee on Families, Seniors, and Veterans reported
House Bill No. 4376, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 4 (MCL 338.2204), as added by 2014 PA 127.
With the recommendation that the bill pass.
John Bizon, M.D.
Chairperson
To Report Out:
Yeas: Senators Bizon, Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors, and Veterans reported
House Bill No. 4377, entitled
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
John Bizon, M.D.
Chairperson
To Report Out:
Yeas: Senators Bizon, Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
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 Families, Seniors, and Veterans submitted the following:
Meeting held on Wednesday, April 28, 2021, at 3:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Bizon (C), Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
The Committee on Appropriations reported
Senate Bill No. 216, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, Nesbitt, Outman, Runestad, Schmidt, Victory, Daley, Hertel, Bayer, Irwin, McCann and Santana
Nays: None
The bill and
the substitute recommended by the committee were referred to the Committee of
the Whole.
The Appropriations Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Wednesday, April 28, 2021, at 8:45 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Horn (C), LaSata, Zorn, Runestad, Schmidt, Santana, Hertel and McCann
COMMITTEE ATTENDANCE REPORT
The Committee on Elections submitted the following:
Meeting held on Wednesday, April 28, 2021, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Johnson (C), McBroom, VanderWall and Wojno
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 2:23 p.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, May 4, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate