STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Wednesday, March 23, 2022.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Alexander—present Horn—present Polehanki—present
Ananich—present Huizenga—present Runestad—present
Barrett—present Irwin—present Santana—present
Bayer—present Johnson—present Schmidt—present
Bizon—present LaSata—present Shirkey—present
Brinks—present Lauwers—present Stamas—present
Bullock—present MacDonald—present Theis—present
Bumstead—present McBroom—present VanderWall—present
Chang—present McCann—present Victory—present
Daley—present McMorrow—present Wojno—present
Geiss—excused Moss—present Wozniak—present
Hertel—present Nesbitt—present Zorn—present
Hollier—present Outman—present
Senator Jim Runestad of the 15th District offered the following invocation:
I leave you this commandment and it is the greatest commandment: Love one another as I have loved you. Greater love than this has no one than he would lay down his life for his friend. This is a wise directive that we are being told to fulfill as our duties as human beings by leading in service to others.
This is not at all unfamiliar to the men and women of the public safety community. They are great and protecting and caring for their neighbors. They are leaders in the art of being servants. The master of people expressed the ideal of leadership in a republic when he said, Whoever be chief among you, let them be servant. Plainly, let them lead by serving. The true leader deserves to have followers, the true leader has earned recognition, the leader has authority but authority alone is not sufficient to command respect, and to be an effective leader one must have respect.
Respected leaders are those who know how to serve others. Respected leaders see things through the eyes of their followers. Respected leaders put themselves in the shoes of others. They do not say, Get going, but, Let’s go. Respected leaders do not walk behind with a whip but rather in front with a banner. Respected leaders duplicate themselves and others. Respected leaders are builders. Respected leaders are both individuals of thought and of action, dreamers and doers. Respected leaders have a sense of humor—they can laugh at themselves. Respected leaders can be led. Respected leaders are not as interested in having their own way as in finding the best way. Respected leaders keep their eyes on the high goals and strive to make the efforts of their followers contribute to the good of the whole. You are respected leaders, you are true servants. Daily you give your all in the service of your neighbors in this community. For all that you have done, you have our deepest gratitude and we pray that you will be blessed. Amen.
This prayer was delivered by the Rev. Allen J. McNeeley, chaplain of the Detroit Fire Department, on October 14, 2009. I think much of this—not all of it—is applicable to this chamber. The reverend has since passed away.
The President, Lieutenant Governor
Gilchrist, led the members of the Senate in recital of the Pledge
of Allegiance.
Senator Hertel entered the Senate Chamber.
Motions and Communications
Senator Moss entered the Senate Chamber.
Senator Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator Geiss be excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
March 18, 2022
Enclosed is a copy of the following report:
• Performance audit report on the Personnel Management Processes During the COVID-19 Pandemic, Unemployment Insurance Agency (UIA), Department of Labor and Economic Opportunity (186-0310-21).
Sincerely,
Doug Ringler
Auditor General
The communication was referred to the Committee on Oversight.
The following communications were received:
Joint Committee on Administrative Rules
Notices of Decision that Bills Be Introduced
To Enact the Subject of a Rule into Law
March 22, 2022
As provided in MCL 24.245a(1)(c), the Joint Committee on Administrative Rules has, by a concurrent majority vote, decided to introduce bills to enact the subject of the following rule into law:
JCAR No. 21-72
MOAHR No. 2021-60 ST
Department of State
Elections & Campaign Finance
Disqualification from Ballot Based Upon Contents of Affidavit of Identity
Pursuant to MCL 24.245a(5), the Committee
Chair and Alternate Chair shall cause Senator Wayne Schmidt and Representative
Julie Calley to introduce, in both houses of the legislature, bills to enact
into law the subject of the proposed rule.
Accordingly, and as proscribed by MCL 24.245a(7), the office shall not file the rule with the secretary of state until 270 days after the bills are introduced.
March 22, 2022
As provided in MCL 24.245a(1)(c), the Joint Committee on Administrative Rules has, by a concurrent majority vote, decided to introduce bills to enact the subject of the following rule into law:
JCAR No. 21-73
MOAHR No. 2021-61 ST
Department of State
Elections & Campaign Finance
Signature Matching Standards for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes
Pursuant to MCL 24.245a(5), the Committee Chair and Alternate Chair shall cause Senator Wayne Schmidt and Representative Julie Calley to introduce, in both houses of the legislature, bills to enact into law the subject of the proposed rule.
Accordingly, and as proscribed by MCL 24.245a(7), the office shall not file the rule with the secretary of state until 270 days after the bills are introduced.
March 22, 2022
As provided in MCL 24.245a(1)(c), the Joint Committee on Administrative Rules has, by a concurrent majority vote, decided to introduce bills to enact the subject of the following rule into law:
JCAR No. 21-74
MOAHR No. 2021-62 ST
Department of State
Elections & Campaign Finance
Online Absent Voter Ballot Application
Pursuant to MCL 24.245a(5), the Committee Chair and Alternate Chair shall cause Senator Wayne Schmidt and Representative Julie Calley to introduce, in both houses of the legislature, bills to enact into law the subject of the proposed rule.
Accordingly, and as proscribed by MCL 24.245a(7), the office shall not file the rule with the secretary of state until 270 days after the bills are introduced.
Sincerely,
Senator Jon Bumstead Representative Luke Meerman
Chair Alternate Chair
The communications were referred to the Secretary for record.
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submitted the following:
Meeting held on Tuesday, March 22, 2022, at 9:00 a.m., Room 1100, Binsfeld Office Building
Present: Senators Bumstead (C), McBroom, Theis, Hollier and Irwin
The following communication was received:
Office of Senator Erika Geiss
March 22, 2022
Please list me as a co-sponsor for Senate Bill 969 of 2022 as introduced by Senator Dayna Polehanki. Do not hesitate to reach out to my office if there are any questions or concerns.
Sincerely,
Erika Geiss
State Senator, 6th District
Democratic Caucus Chair
The communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Ananich entered the Senate
Chamber.
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
House Bill No. 5541
The motion prevailed.
The following bill was read a third time:
House Bill No. 5541, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 934, and 946 (MCL 600.931, 600.934, and 600.946), section 931 as amended by 2000 PA 86 and section 934 as amended by 2020 PA 369, and by adding section 935.
The question being on the passage of the bill,
Senator Johnson offered the following amendment:
1. Amend page 5, line 26, after “examiners” by striking out the comma and “in its discretion, may” and inserting “shall”.
The amendment was not adopted, a majority of the members serving not voting therefor.
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. 100 Yeas—35
Alexander Daley McBroom Shirkey
Ananich Hertel McCann Stamas
Barrett Hollier McMorrow Theis
Bayer Horn Moss VanderWall
Bizon Huizenga Nesbitt Victory
Brinks Irwin Outman Wojno
Bullock LaSata Polehanki Wozniak
Bumstead Lauwers Santana Zorn
Chang MacDonald Schmidt
Nays—2
Johnson Runestad
Excused—1
Geiss
Not Voting—0
In The Chair: President
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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
The
Senate agreed to the full title.
Protests
Senators Johnson and Runestad, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5541.
Senator Johnson moved that the statement she made during the discussion of the amendment she offered to the bill be printed as her reasons for voting “no.”
The motion prevailed.
Senator Johnson’s statement, in which Senator Runestad concurred, is as follows:
I ask my colleagues to support this amendment which would require that the bar exam in Michigan continue to have a component specific to Michigan law. I believe it is not unreasonable if someone wants to practice law in Michigan, that they be asked to demonstrate they have some familiarity with Michigan law. The current test includes a component specific to Michigan law and so I feel to pass this bill without such a requirement would serve to diminish standards in Michigan. I appreciate that the current Board of Law Examiners has expressed their intent to include a specific Michigan component for the bar exam, but the current language in the bill—which states that it is “in its discretion” and that they “may” do this—would allow any future boards to abolish this requirement at any time. I feel this requirement should be set in statute—that is our job—rather than to be totally discretionary and subject to change at any time with no additional legislative review or oversight. Thank you for consideration of this amendment, and Mr. President, should this amendment be defeated, I ask that you allow these comments to serve as my “no” vote explanation and be printed in the Journal.
The following bill was read a third time:
House Bill No. 4994, entitled
A bill to allow for the donation of unclaimed shoes held by persons engaged in the business of shoe repair.
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. 101 Yeas—37
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Barrett Horn McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Geiss
Not Voting—0
In The Chair: President
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.
The Senate agreed to the title of the
bill.
The following bill was read a third time:
Senate Bill No. 726, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2020 PA 267.
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. 102 Yeas—34
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Barrett Horn McMorrow Theis
Bayer Huizenga Moss VanderWall
Bizon Irwin Nesbitt Victory
Brinks Johnson Outman Wojno
Bumstead LaSata Polehanki Wozniak
Chang Lauwers Santana Zorn
Daley MacDonald
Nays—2
Runestad Stamas
Excused—1
Geiss
Not Voting—1
Bullock
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4205, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82103 (MCL 324.82103), as added by 1995 PA 58.
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. 103 Yeas—37
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Barrett Horn McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Geiss
Not Voting—0
In The Chair: President
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 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.
The following bill was read a third time:
House Bill No. 4206, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82118 (MCL 324.82118), as amended by 2010 PA 371.
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. 104 Yeas—37
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Barrett Horn McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Geiss
Not Voting—0
In The Chair: President
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 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.
The following bill was read a third time:
House Bill No. 4332, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2017 PA 199.
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. 105 Yeas—37
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Barrett Horn McMorrow Stamas
Bayer Huizenga Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lauwers Runestad Wozniak
Chang MacDonald Santana Zorn
Daley
Nays—0
Excused—1
Geiss
Not Voting—0
In
The Chair: President
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
Introduction and Referral of Bills
Senators Daley, Huizenga, Victory, Nesbitt, Bumstead, Lauwers and VanderWall introduced
A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” by amending section 8 (MCL 290.658), as amended by 2002 PA 601.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Senator Schmidt introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 558 (MCL 168.558), as amended by 2021 PA 158.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senator Schmidt introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 761, 765a, 766, and 767 (MCL 168.761, 168.765a, 168.766, and 168.767), section 761 as amended by 2020 PA 302, section 765a as amended by 2020 PA 177, section 766 as amended by 2018 PA 120, and section 767 as amended by 2005 PA 71, and by adding sections 766a and 766b.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senator Schmidt introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759 (MCL 168.759), as amended by 2020 PA 302.
The bill was read a first and second time by title and referred to the Committee on Elections.
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:29 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator Wozniak
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 bills:
Senate Bill No. 940, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 101, 104b, and 104c (MCL 388.1606, 388.1701, 388.1704b, and 388.1704c), sections 6, 101, and 104c as amended by 2021 PA 48 and section 104b as amended by 2018 PA 265.
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249, 1249b, 1279g, and 1280g (MCL 380.1249, 380.1249b, 380.1279g, and 380.1280g), section 1249 as amended by 2019 PA 6, section 1249b as amended by 2019 PA 5, section 1279g as amended by 2016 PA 170, and section 1280g as added by 2018 PA 601, and by adding section 1280h.
The bills were placed on the order of Third Reading of Bills.
Announcements of Printing and Enrollment
Senate Bill Nos. 975 976
Senate Resolution No. 119
House Bill Nos. 5939 5940 5941 5942 5943 5944 5945 5946 5947 5948 5949 5950 5951 5952 5953 5954 5955
The Committee on Education and Career Readiness reported
Senate Bill No. 380, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280i.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Lana Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education and Career Readiness reported
Senate Bill No. 381, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531e.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Lana Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education and Career Readiness reported
Senate Bill No. 382, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2018 PA 235.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Lana Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education and Career Readiness reported
Senate Bill No. 383, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280h.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Chairperson
To Report Out:
Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education and Career Readiness reported
Senate Bill No. 925, entitled
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Chairperson
To Report Out:
Yeas: Senators Theis, Horn, Runestad, Daley and Huizenga
Nays: Senators Polehanki and Geiss
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education and Career Readiness submitted the following:
Meeting held on Tuesday, March 22, 2022, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Theis (C), Horn, Runestad, Daley, Huizenga, Polehanki and Geiss
The Committee on Oversight reported
House Bill No. 4591, entitled
A bill to regulate certain provisions in certain public employment contracts; to limit severance payments to certain public employees and public officers; and to require the disclosure or publication of certain public employment contracts.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Ed McBroom
Chairperson
To Report Out:
Yeas: Senators McBroom, Theis, Bizon and Wozniak
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 Oversight submitted the following:
Meeting held on Tuesday, March 22, 2022, at 2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Theis, Bizon, Wozniak and Chang
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Natural Resources and Environment, Great Lakes, and Energy submitted the following:
Meeting held on Tuesday, March 22, 2022, at 3:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Bumstead (C), Bizon, Victory, McCann and Bayer
Advice and Consent – Thursday, March 24, 12:00 noon (CANCELLED), Room 1300, Binsfeld Office Building (517) 373‑5314
Appropriations –
Subcommittees –
Agriculture and Rural Development – Thursday, March 24, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
K-12 and Michigan Department of Education – Thursday, March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Licensing and Regulatory
Affairs/Insurance and Financial Services – Thursday, March 24,
8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Natural Resources and Environment, Great Lakes, and Energy – Tuesday, April 12, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
Health Policy and Human Services – Thursday, March 24, 9:00 a.m., Room 1100, Binsfeld Office Building (517) 373-5323
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:41 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, March 24, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate