STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Thursday, October 14, 2021.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Lana Theis.
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—excused
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 Dan Lauwers of the 25th District offered the following invocation:
Lord, we ask Your blessings on this body, those who serve in their elected offices, and especially those who work here when Senators are not around. Grant the prayers of those who call upon You for healing or consolation for themselves or their families and friends. Help us, Lord, to always listen more than we speak and practice patience and discernment. Help us to seek Your wisdom above all else and to realize how willing You are to grant us wisdom if we but humble ourselves enough to ask.
Thank You for this beautiful state and the opportunity You grant each of us every day to help one another. May we always be mindful of how close You are and how ready You are to assist us in our needs.
We ask these things in Your name. Your will be done. Amen.
The Assistant President pro tempore, Senator Theis, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senator Shirkey be temporarily excused from today’s session.
The motion prevailed.
Senator Lauwers moved that Senator Schmidt be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators Geiss and Ananich be temporarily excused from today’s session.
The motion prevailed.
The following communication was received and read:
Michigan Legislature
October 13, 2021
Pursuant to Public Act 224 of 2004, we re-appoint the following members to State Drug Treatment Court Advisory Committee (SDTCAC):
The Honorable Josh Farrell
A district court judge who has presided at least 2 years over a drug treatment court.
New 4-year term: September 18, 2021 to September 18, 2025
Mr. Kyle Sofia
An individual who has successfully completed a juvenile drug treatment court program.
Remainder of a 4-year term: Present to June 13, 2023
Sincerely,
Mike Shirkey Jason Wentworth
16th Senate District 97th House District
Senate Majority Leader Speaker of the House
The communication was referred to the Secretary for record.
The following communication was received and read:
Office of the Senate Majority Leader
October 13, 2021
Pursuant to MCL 390.1665 I submit the following individual to be appointed to the Pontiac Promise Zone Authority Board:
Mary Schusterbauer
2634 Hyland
Ferndale, Mich. 48220
Thank you in advance for your time. If you have any further questions, please feel free to contact my office at MikeShirkey@senate.michigan.gov or 517-373-5932.
Sincerely,
Mike Shirkey
16th Senate District
Senate Majority Leader
The communication was referred to the
Secretary for record.
The President pro tempore, Senator Nesbitt, assumed the Chair.
Senator Shirkey entered the Senate Chamber.
House Bill No. 5003
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed, a majority of the members serving voting therefor.
Senators Ananich and Geiss entered the Senate Chamber.
The motion prevailed.
Senator Stamas’ statement is as follows:
Today I rise with mixed emotions as the Senate recognizes Senate Fiscal Agency Director Chris Harkins as he moves on to his next endeavor. I am very happy for his next opportunity, but saddened that the Senate will lose such a valuable asset.
Chris has been around state government now for just over 18 years. He’s brought and learned a large, unique set of skills to the position he currently holds and the one he is moving forward to—not only for the House of Representatives and the Senate but the administration as well. He not only had the fiscal acumen to run the Senate Fiscal Agency, but the perspective he had from all sides of state government garners Chris great respect from all. His drive for solutions has not gone unnoticed.
Those things we may know about Director Harkins, but I’d like to share a few others. For example, a small phobia of squirrels; and what an old soul he actually has, evidenced by his love for the show Golden Girls, the radio stations he listens to—of old-time radio shows, not only the music but the old shows on radio before television, one of his favorite stations is Siriusly Sinatra. But his true passion and what comes through other than his family is the love for this institution, and we truly appreciate that.
He has been a trusted colleague for both parties as director of the Senate Fiscal Agency—always prepared, ready to work, crunching the numbers, even making them work for us—thank you Director. I would also like to thank his wife Samantha and his son Will for sharing him with us. He’s also led an amazing team at the Senate Fiscal Agency as well who helps us—each and every member here—and developing them and leading them and moving them forward in a professional way as well.
Please join me in congratulating Director Harkins on his next opportunity. You’re a good friend and the best director I’ve had the opportunity to work with, sir. We wish you the very, very best and look forward to the future discussions as we move forward.
Senator Shirkey’s statement is as follows:
Mr. President, today I rise to give a special tribute for exemplary dedication to the Michigan Senate. Dave Lorencen, specialized painter in the Senate Business Office Physical Properties Department is retiring after spending nearly 30 years within our institution. Dave is here on the floor with me today and is joined in the Gallery by his family, friends, and co-workers who are all gathered to join us to thank Dave for his dedication to the Senate.
Dave’s passion and appreciation for
craftsmanship run deep and he credits his father and grandfather for his
inherited talents. His grandfather Jonas was one of the first fine finish
carpenters in the Lansing union. At a young age, Dave’s father Dick—is your dad
here today? There he is—taught him how to use his hands and instilled in him a
strong work ethic. Dave took advantage and acknowledged his mission and
embarked on a career in the trades with the state of Michigan. Early on, Dave
began working on projects related to Senate property and facilities while in
the Department of Technology, Management, and Budget, and over a decade later
in 1992 he became an official employee of the Michigan Senate when he was hired
as a painter. Throughout this time with DTMB and the Senate, Dave has had the
pleasure of serving under nine Majority Leaders and six different Governors.
After honing his talents and succeeding in mastering his craft, Dave was promoted to the role of specialized painter in 2002, a position in which he has directed innumerable painting, finishing, and redecorating projects which he has excelled at for the last 20 years. Dave’s contributions to the Senate can be seen and felt all throughout our Senate spaces. His innate talents alongside the skills he sharpened through a decorative training program where he learned about the various ornamental painting techniques used in the Michigan State Capitol have elevated the quality of furniture and fixtures found here in the Senate Chamber and Capitol offices and meeting rooms throughout the Senate.
Known amongst the Physical Properties crew and the Senate Business Office not only for his invaluable knowledge and expertise related to Senate-specific painting and finishing projects but also for his humble nature as you can see right now, his kindness, his dedication to his co-workers, his soft heart, and the institution as a whole, Dave’s departure from the Senate is certain to have a profound impact and will be felt by many.
In his retirement, Dave looks forward to finally being able to work on projects of his own, including finishing up his beautiful country home and yard in Laingsburg, traveling, and getting to relax at his lake house. Most of all Dave is excited to be able to spend more time with his family and friends, his parents Dick and Sue who are here, wife Julie, and daughter Liz who have been the source of his inspiration for his entire life.
For anybody who wants Dave’s personal contact information for painting projects and special decorations, I have that available to me. I’ve already given it to my wife Sue—I don’t think she’s called you yet, but when it shows up on the phone “Sue,” it’s not mom, it’s Sue.
It is with great pleasure, Dave, that we congratulate you for your number of years of service, the passion you applied to this, and the beauty that you’ve imparted throughout this institution—we can see it everywhere we look and everywhere we turn. You’ve been an exemplary employee for the Senate and a great example for all of us. God bless you, God bless your wife and family, and we hope you have a wonderful, wonderful retirement.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator VanderWall 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 bills:
House Bill No. 4637, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 2a.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3104, 3110, 3118, 3120, 4104, 11135, 11153, 30104, 30109, 32312, and 32513 (MCL 324.3104, 324.3110, 324.3118, 324.3120, 324.4104, 324.11135, 324.11153, 324.30104, 324.30109, 324.32312, and 324.32513), section 3104 as amended by 2018 PA 518, sections 3110, 4104, 11135, and 11153 as amended by 2017 PA 90, and sections 3118, 3120, 30104, 30109, 32312, and 32513 as amended by 2019 PA 84.
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4066, entitled
A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, manufacturing, or use of knives or components of knives.
Substitute (S-1).
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 5003
The motion prevailed, a majority of the members serving voting therefor.
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. 578
Senate Bill No. 579
House Bill No. 4087
House Bill No. 4659
House Bill No. 5003
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 578, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744e (MCL 333.17744e), as added by 2016 PA 383.
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. 383 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Zorn
Chang Lauwers Runestad
Nays—0
Excused—1
Schmidt
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the
bill.
The motion prevailed.
Senator Brinks’ statement is as follows:
I rise today to speak in support of Senate Bill Nos. 578 and 579. These bills expand the availability of treatment for opioid use disorder in emergency departments and access to naloxone, the life-saving drug that can reverse overdoses, to community-based organizations.
Provisional data shows that drug overdose deaths in 2020 climbed 16 percent in Michigan over the previous year, likely due to the physical and emotional stress many faced during the beginning of the COVID-19 pandemic. During this especially tumultuous time, it is essential for us to do everything possible to support those struggling with substance use disorder, and to provide groups that interact directly with individuals experiencing SUD the tools to intervene at critical moments.
Naloxone is a safe and effective way to prevent an opioid overdose fatality. That is why allowing community organizations to access and administer this lifesaving drug medication is a critical step that we should all take in saving lives. The combination of naloxone administration, the initiation of medication assisted treatment, with a warm handoff to agencies providing counseling and other services has proven to reduce cravings, withdrawal symptoms, and drug overdoses. Together, these bills will decrease the number of deaths that occur because of drug overdose and support individuals on a path to recovery.
Thank you to my colleague from the 35th District for his leadership on this issue, and for working together with me on this important bill package that could save thousands of lives across our state. I’d also like to give my thanks to those who served on the Michigan Opioids Task Force for their incredible work. And finally, a big thank you to the incredible staff here in the Senate and in the Department of Health and Human Services for their help in developing this legislation.
I urge your support.
The following bill was read a third time:
Senate Bill No. 579, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21528.
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. 384 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Zorn
Chang Lauwers Runestad
Nays—0
Excused—1
Schmidt
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the
bill.
The following bill was read a third time:
House Bill No. 4087, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” (MCL 30.401 to 30.421) by adding section 7b.
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. 385 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Zorn
Chang Lauwers Runestad
Nays—0
Excused—1
Schmidt
Not Voting—0
In The Chair: Nesbitt
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4659, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17754a (MCL 333.17754a), as added by 2020 PA 134.
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. 386 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Zorn
Chang Lauwers Runestad
Nays—0
Excused—1
Schmidt
Not Voting—0
In The Chair: Nesbitt
Senator Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5003, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3104, 3110, 3118, 3120, 4104, 11135, 11153, 30104, 30109, 32312, and 32513 (MCL 324.3104, 324.3110, 324.3118, 324.3120, 324.4104, 324.11135, 324.11153, 324.30104, 324.30109, 324.32312, and 324.32513), section 3104 as amended by 2018 PA 518, sections 3110, 4104, 11135, and 11153 as amended by 2017 PA 90, and sections 3118, 3120, 30104, 30109, 32312, and 32513 as amended by 2019 PA 84.
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. 387 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Zorn
Chang Lauwers Runestad
Nays—0
Excused—1
Schmidt
Not Voting—0
In The Chair: Nesbitt
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate Concurrent Resolution No. 19.
A concurrent resolution of tribute offered as a memorial for Donald Bishop, former member of the House of Representatives and the Senate.
(For text of resolution, see Senate Journal No. 78, p. 1676.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Senate Concurrent Resolution No. 20.
A concurrent resolution of tribute offered as a memorial for John A. “Jack” Welborn, former member of the House of Representatives and the Senate.
(For text of resolution, see Senate Journal No. 80, p. 1706.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Barrett and Theis introduced
A bill to establish a student opportunity scholarship program for eligible students; to provide for the certification of scholarship-granting organizations; to provide for student opportunity scholarship accounts; to prescribe conditions for use of the funds in the scholarship accounts; to provide for the administration of the student opportunity scholarship program; to prescribe certain powers and duties of certain state officers, agencies, and departments; to provide appropriations for the implementation of this act; and to allow certain tax credits and deductions.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
Senators Theis and Barrett introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 697 (MCL 206.30 and 206.697), section 30 as amended by 2020 PA 65 and section 697 as added by 2011 PA 38, and by adding sections 279 and 679.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
Senators Polehanki, Bayer, McMorrow, Wojno, Brinks, Santana, Hollier, Geiss, Alexander, Bullock, Hertel, Ananich, McCann and Moss introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f.
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 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2020 PA 121.
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.
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 701 (MCL 333.27701).
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.
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 248l (MCL 257.248l), as added by 2018 PA 420.
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.
Statements
The motion prevailed.
Senator Polehanki’s statement is as follows:
Mr. President, it’s time to get tough with anyone who hurts a school employee or a school board member. Today I introduced Senate Bill No. 689, which would make it a misdemeanor punishable by up to $1,000 and a year in jail for anyone who assaults, batters, wounds, or endangers school staff or school board members acting in their official duties.
This year, school board members and school employees in Michigan and across the country have been targets of threats of violence, death, and even threats to their families and children. This is mostly due to COVID-19 mitigation policies. I personally know of a school board member who had to be escorted out the back door of a meeting by security, a school board member who was stalked at her home, and a superintendent who received a very threatening message demanding that they change their mask policy or else.
The Michigan Legislature needs to send a clear message that any violence perpetrated against school staff and board members will not be tolerated and will carry significant penalties. We need to do this, Mr. President, before someone gets hurt or even killed. I welcome my colleagues’ support of this legislation.
Senator Wojno’s statement is as follows:
All of us know that over the past 18 months there’s been many programs here in Lansing honoring many different individuals for the work they do. Unfortunately, many of those programs were canceled or delayed. Yesterday, the Michigan Credit Union League reactivated their program in recognizing various individuals here in Lansing, as well as legislators. I am proud to say that they honored my chief of staff, Bill Drake, as the staffer of the year for 2019, which is a bit overdue. Many of you who know Bill, you know that he has 30-plus years of experience here in Lansing. He is the institutional knowledge. So if you could all join me in congratulating Bill Drake in being recognized by the Michigan Credit Union League as staffer of the year for 2019.
Senator Ananich’s statement is as follows:
I’m here to speak with a heavy heart, but with a number of very fond memories about a very important mentor and a person who was like a father to me after my father passed many years ago. Many of you might have seen the news yesterday about a former colleague of ours, Congressman Dale Kildee, passing. I am going to give some particulars about his background and then I’m going to tell some fun stories because at 92 years old, the life he lived. We should not look back mournful but we look back with joy and happiness about a life well lived. He was born September 16, 1929, he was a very proud Irish-Catholic man raised on Flint’s east side, all things he was very proud of. He was the fourth of five kids born to Timothy and Norma Kildee. He married his beloved wife Gayle in 1965 and he had three children—Paul, Laura, David—and a number of grandchildren. He graduated in 1947 from St. Mary’s High School in Flint, he got his bachelor’s from Sacred Heart Seminary in Detroit, a teaching certificate from the University of Detroit, and a master’s from the University of Michigan. He studied graduate-level history and political science at the University of Peshawar in Pakistan under a Rotary scholarship. He taught at the University of Detroit Jesuit High School and later was a Latin teacher at Flint Central.
I worked for him for a number of years from 1998 to 2002 and if you visited Congressman Kildee, he actually had the grade books from those years when he taught so he’d remember the kind of grades you had and then he would refer back and show you, so you hoped the people who visited were good students because he’d remind them if they weren’t. He served in the State House from 1965 to 1974, and the State Senate from 1975 to 1976, and then ran for Congress in 1976 and served until 2013. Over the course of his career, his districts included Genesee, Saginaw, Bay, Lapeer, Tuscola, Oakland, and a few other communities as well. He was very proud to be the ranking member and at-times chairman of the Education Workforce Subcommittees, particularly around education of early childhood, secondary, and elementary ed. That is obviously an important part of his life, but that doesn’t tell the story about the man he was.
I have two funny stories that I think he would appreciate me telling. He was known for a number of things, he was a very humble man, he was a very gentle man, he was kind, and he always wore his suit. I literally, and this is not a joke, I saw him mowing the lawn in a suit one time. I actually got there, I used to pick him up and drive him, I actually got there once before he had his suit on and he had his undershirt on, and I now saw, I realized then why he always wore a suit. You’re very white if you wear a suit all the time, I’ll just say that.
He cast over 20,000 votes and he was also known as the Cal Ripken of Congress. I worked for him in D.C. and in Flint, and on Mondays his wife would give him, usually about $20 for the week. She was very frugal and he would call me up to the office and say, I’ll do my best impression, Jim, could you go down to the cafeteria and get me a bear claw and a coffee, and every morning I would do that. I never had the heart to tell him, with inflation, that by about Thursday I was supplementing him on the bear claw and coffee. He thought he was doing me a favor, but I was just using my congressional salary to make sure he had his breakfast, that he wasn’t allowed to have.
I remember another funny story, and I’m telling this not to be disparaging of the person in the story because Congressman Kildee was never that way. If it was me, and the story was reversed, I probably wouldn’t be making fun of one of our colleagues, in a funny way, and he was not. I think it’s a really funny story about the person he was and you’ll understand why when I tell it, and then I’ll describe it a little bit more. As many of you remember, many years ago, there was a movie called The Passion of the Christ, and many of you may know that Congressman Kildee was in the seminary for a while, then he met his wife and chose that life over a life of celibacy. He was at a delegation meeting and they were all talking about the movie, and one of the Congresspeople came up to him and said, Dale did you see The Passion of the Christ? He said, No, I read the book. The person said, There was a book? He said, Yeah, the Bible. If you know Dale, you’d know he didn’t say that to make fun of the person; it articulates that every part of his being was a man of faith. He was just a true epitome of a person who was a Catholic because of the social justice aspect of it, because of what the church can do for people, and has done for people over its long history.
Those are just two kind of funny stories about Dale, because he was the kind of person who was in office for close to 50 years, but he could be the person sitting next to you at the bar drinking his Budweiser, or at the restaurant eating next to you and you’d never know that he was in these halls of Congress for those many years. He was the same person he was when he grew up on the East side that when he left Congress. I think that’s important for all of us to remember sometimes, that the job is an important job and we should take the job seriously, but we should never take ourselves too seriously. It was an honor to work for him, the amount of time that I did. It was a bigger honor to call him a friend and many of us who were close to him knew this day was coming, we obviously hoped it would be a little longer, but for the 92 years he had, I think he can look back and be very proud of the work he did. He can be very proud of the family he helped create and he had a lot of friends that truly loved him, and I was one of those people.
A moment of silence was observed in memory of Dale E. Kildee, former member of the House of Representatives, the Senate, and the U.S. House of Representatives.
Announcements of Printing and Enrollment
House Bill Nos. 4711 4921 5260
The Secretary announced that the following bills and resolution were printed and filed on Wednesday, October 13, and are available on the Michigan Legislature website:
Senate Bill No. 686
Senate Concurrent Resolution No. 20
House Bill Nos. 5385 5386 5387 5388 5389 5390 5391 5392 5393
Committee Reports
The Committee on Transportation and Infrastructure reported
Senate Bill No. 465, 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 section 10o (MCL 247.660o), as amended by 2000 PA 188.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
Senate Bill No. 466, 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 section 10 (MCL 247.660), as amended by 2020 PA 222.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
Senate Bill No. 674, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by repealing section 10 (MCL 207.1010).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 4700, entitled
A
bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL
250.1001 to 250.2081) by adding section 1090.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 4739, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 101.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 4832, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 107.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation and Infrastructure submitted the following:
Meeting held on Wednesday, October 13, 2021, at 12:00 noon, Room 1100, Binsfeld Office Building
Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
The Committee on Elections reported
House Bill No. 4282, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 163 (MCL 168.163), as amended by 2012 PA 276.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom, VanderWall and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Elections reported
House Bill No. 4283, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 11 and 11a (MCL 46.411 and 46.411a), section 11 as amended by 2002 PA 158.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom, VanderWall and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Elections reported
House Bill No. 4284, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 193 and 254 (MCL 168.193 and 168.254), section 193 as amended by 2012 PA 276 and section 254 as amended by 2018 PA 120.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom, VanderWall and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Elections reported
House Bill No. 4285, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 349 (MCL 168.349), as amended by 2018 PA 654.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom, VanderWall and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Elections reported
House Bill No. 4305, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 26 (MCL 169.226), as amended by 2019 PA 93.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ruth A. Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, McBroom and VanderWall
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Elections submitted the following:
Meeting held on Wednesday, October 13, 2021, at 2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Johnson (C), McBroom, VanderWall and Wojno
The Committee on Appropriations reported
Senate Bill No. 627, entitled
A bill to provide for the recovery or replacement of durable monuments defining the Michigan-Indiana state line; to create a commission; to provide for the powers and duties of certain state and local governmental officers and agencies; and to repeal acts and parts of acts.
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.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, Nesbitt, Outman, Runestad, Schmidt, Victory, Daley, Hertel, Bayer, Hollier, 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. 628, entitled
A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending section 12 (MCL 54.272), as amended by 2014 PA 166.
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, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 686, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 9 (MCL 325.1009), as amended by 2017 PA 91.
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, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Appropriations reported
House Bill No. 5003, entitled
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, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
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, October 13, 2021, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, MacDonald, Nesbitt, Outman, Runestad, Schmidt, Victory, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, October 13, 2021, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Universities and Community Colleges submitted the following:
Meeting held on Wednesday, October 13, 2021, at 1:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators LaSata (C), Horn, Bizon, MacDonald, Zorn, Irwin and Hertel
Appropriations – Wednesday, October 20, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Economic and Small Business Development – Tuesday, October 19, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-1721
State Drug Treatment Court Advisory Committee – Tuesday, October 19, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (517) 373-0212
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:01 a.m.
The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, October 19, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate