STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Wednesday, April 13, 2022.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Alexander—present 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—present Moss—present Wozniak—present
Hertel—present Nesbitt—present Zorn—present
Hollier—present Outman—present
Senator Lana Theis of the 22nd District offered the following invocation:
Abba Father, we come to You today with humble hearts and a request for Your guidance and Your protection. Dear Lord, across the country we’re seeing in the news that our children are under attack. That there are forces that desire things for them other than what their parents would have them see and hear and know. Dear Lord, I pray for Your guidance in this chamber to protect the most vulnerable among us. Help us to do Your will at every step, help us to come together and understand that we work for the citizens of Michigan first. Thank You Lord for Your love, for Your guidance and Your protection. I pray these things in the name of the Lord Jesus Christ. Amen.
The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Senator Hollier entered the Senate Chamber.
Motions and Communications
The President, Lieutenant Governor Gilchrist, assumed the Chair.
Senator Chang moved that Senators Ananich and Geiss be temporarily excused from today’s session.
The motion prevailed.
The following communication was received:
Office of Senator Curtis Hertel Jr.
March 30, 2022
I am writing to request my addition in co-sponsorship for Senate Bill 924, sponsored by Senator Bayer.
Please feel free to contact me if you need any further information.
Sincerely,
Curtis Hertel Jr.
State Senator
District 23
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Sylvia Santana
April 7, 2022
Please add my name as co-sponsor of Senate Bill 800. Please feel free to contact my office at senssantana@senate.michigan.gov or 517-373-0990, if you have any questions. I appreciate your attention in this matter.
Respectfully,
Sylvia A. Santana
State Senator
District 3
The communication was referred to the Secretary for record.
Senator Geiss entered the Senate Chamber.
The motion prevailed.
Senator Brinks’ statement is as follows:
I was really hoping I would never have to give this farewell speech—but here we are.
Almost exactly six years ago, I hired Ramiro Galván to work as my front-desk, as we call them. He wasn’t long out of school, had interned for Representative Sam Singh, and just finished a grant-funded position with another organization. I remember wanting to hire him and, doing some math and realizing he had been without a paycheck for several weeks, once I decided to hire him I made every effort to get him started as soon as HR would give us the green light. We set his start date with the best of intentions—it was, I think, a Thursday—he had met with the guy he was going to replace, he would get some instruction from the back-desker, I’d be there for a while to talk about how we do things in our office, and we’d be off to a good start. Well, things did not go as a planned. The details are a little bit fuzzy but it turns out that none of us could actually be in the office that day—his very first day—for various reasons—HR didn’t approve his start date, the day we wanted; my legislative director was not at work that day; I was occupied in-district—so Ramiro showed up and he had the opportunity to sit in my House office all by himself with really nothing to do for a couple days. IT had not even set up his computer yet so he couldn’t even log on and schedule anything or look at e-mails, so he basically answered the phone, wrote things down, and just waited for us all to show up on Monday. Your tax dollars were hard at work, ladies and gentlemen. The good news is that he was able to pay his rent; and don’t worry, he has more than made up for those first few days of sitting around since then.
From the front desk, he moved to the back desk in my House office and from there to chief of staff when I won the Senate seat in 2018. He has done every task in my legislative office as he moved up through the ranks, and that has made him an excellent supervisor for every staffer I’ve hired since he started. Despite his youth, he has mentored other staffers and been an example of an excellent work ethic and public service to everyone around him. He’s even known affectionately as Uncle Rami to some for teaching at least one of my other staffers how to change a tire, how to find a new apartment, and go camping.
Ramiro is also unflappable and always calm. In fact, one time after the State of the State address all of Lansing had converged on Troppo for one of the receptions afterward and it was packed. After a while, Ramiro headed to the men’s room and when he walked in, he was greeted by an angry and distraught woman who grabbed his face in her hands and asked him why men are so terrible. He tried to tell her that whatever was going on, it was going to be OK but she was definitely not convinced. She proceeded to grab a paper towel, light it on fire, and throw it into the garbage can which was overflowing with paper towels, which began to burn. Knowing the situation was now way above his pay grade—and being absolutely terrified—Ramiro sprang to action, ran out of the bathroom down the hall, and shouted to all the kitchen staff that there was a fire in the men’s room. Chances are pretty high that many if not most of us here today were in Troppo that night and we owe our lives to Ramiro—well, probably to the kitchen staff, but let’s just say Ramiro.
On a more serious note, I want to express my deep appreciation for the work Ramiro has done for the last six years—for me, for this institution, and most importantly for the people of Michigan. He is mature beyond his years, reliable, patient, and very diplomatic. He has rightly put service at the heart of everything we do here in the Capitol and back at home in the district—from answering constituent calls to working legislation to managing an effective team as my chief—and I am incredibly proud of him and the work our office has done under his direction. We’ve shared many struggles and triumphs and it’s been a pleasure to work together with him for the past several years. I hate to see him go, but at the same time I know he’s ready for new challenges and he will bring the same dedication he’s shown here to his new endeavors.
Mr. President, I ask that these remarks be printed in the Journal and I ask that you join me in inviting all the Senators and staff to thank and congratulate Ramiro Galván for his service to the Legislature and the people of our state.
If I could have your attention for just a brief moment, I would like to make a special introduction. Ramiro’s parents Ramiro and Becky Galván and his wife Jamie Galván have joined us today in the Gallery to witness this moment of transition and I would be grateful if you’d help me welcome them.
Senator Ananich entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 302
The motion prevailed.
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 495 (MCL 168.495), as amended by 2018 PA 603.
(This bill was returned from the House on Tuesday, April 12 with a House substitute (H-1), immediate effect and full title, and was laid over under the rules. See Senate Journal No. 32, p. 436.)
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the
members serving voting therefor, as follows:
Roll Call No. 111 Yeas—24
Ananich Huizenga Nesbitt Theis
Barrett Johnson Outman VanderWall
Bizon LaSata Runestad Victory
Bumstead Lauwers Schmidt Wojno
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Nays—14
Alexander Chang Irwin Moss
Bayer Geiss McCann Polehanki
Brinks Hertel McMorrow Santana
Bullock Hollier
Excused—0
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
House Bill No. 4252
The motion prevailed.
The following bill was read a third time:
House Bill No. 4252, entitled
A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending section 315 (MCL 462.315), as amended by 2012 PA 421.
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—38
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Hollier McMorrow Stamas
Bayer Horn Moss Theis
Bizon Huizenga Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Wozniak
Chang Lauwers Santana Zorn
Daley MacDonald
Nays—0
Excused—0
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, consolidate, and codify the laws relating to railroads and their employees; to prescribe powers and duties of certain state and local agencies and officials; to prescribe fees; to create certain funds; to provide for the disposition of certain money; to provide remedies and penalties; and to repeal certain acts and parts of acts,”
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Barrett 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:
House Bill No. 4705, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” (MCL 15.261 to 15.275) by adding section 9a.
The bill was placed on the order of Third Reading of Bills.
Senate Bill No. 944, entitled
A bill to amend 1945 PA 47, entitled “An
act to authorize 2 or more cities, townships, and villages, or any combination
of cities, townships, and villages, to incorporate a hospital authority for
planning, promoting, acquiring, constructing, improving, enlarging, extending,
owning, maintaining, and operating 1 or more community hospitals and related
buildings or structures and related facilities; to provide for the sale, lease,
or other transfer of a hospital owned by a hospital authority to a nonprofit
corporation established under the laws of this state for no or nominal monetary
consideration; to define hospitals and community hospitals; to provide for
changes in the membership therein; to authorize the cities, townships, and
villages to levy taxes for community hospital purposes; to provide for the
issuance of bonds; to provide for the pledge of assessments; to provide for
borrowing money for operation and maintenance and issuing notes for operation and
maintenance; to validate elections heretofore held and notes heretofore issued;
to validate bonds heretofore issued; to authorize condemnation proceedings; to
grant certain powers of a body corporate; to validate and ratify the
organization, existence, and membership of entities acting as hospital
authorities under the act and the actions taken by hospital authorities and by
the members of the hospital authorities; and to prescribe penalties and provide
remedies,” by amending section 9 (MCL 331.9), as amended by 1990 PA 69.
Substitute (S-1).
House Bill No. 4256, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 502c (MCL 750.502c), as amended by 2015 PA 144.
Substitute (S-1).
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate Resolution No. 125.
A resolution to observe May 1-7, 2022, 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, Individuals who have gastrointestinal disorders, including gastroparesis, nausea, and vomiting also require treatment with DRBAs. The treatment of gastrointestinal disorders with DRBAs can be very helpful, but for many patients can also lead to tardive dyskinesia (TD); 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; and
Whereas, TD 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 also 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 600,000 Americans suffer from tardive dyskinesia. According to the National Alliance for Mental Illness (NAMI), one in 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 1-7, 2022, 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 individuals 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.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senate Bill No. 1005, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16294 (MCL 333.16294), as amended by 1993 PA 79, and by adding section 16247a.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 1078a.
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 Transportation and Infrastructure.
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 314.
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 Appropriations.
Announcements of Printing and Enrollment
The Secretary announced that the following bills, joint resolution, and resolutions were printed and filed on Tuesday, April 12, and are available on the Michigan Legislature website:
Senate Bill Nos. 996 997 998 999 1000 1001 1002 1003 1004
Senate Joint Resolution O
Senate Resolution Nos. 123 124
House Bill Nos. 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on Community Health/Human Services submitted the following:
Joint meeting held on
Tuesday, April 12, 2022, at 8:00 a.m., Room 352, House Appropriations Room,
Capitol Building
Present: Senators Outman (C), Bizon, Daley, Huizenga, LaSata, MacDonald, Schmidt, Santana, Brinks and Irwin
Excused: Senator Hollier
COMMITTEE ATTENDANCE REPORT
The Committee on Environmental Quality submitted the following:
Meeting held on Tuesday, April 12, 2022, at 1:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Outman (C), Daley, Johnson, VanderWall, McBroom, Bayer and Brinks
Agriculture – Thursday, April 14, 8:30 a.m., Room 1200, Binsfeld Office Building (517) 373-1721
Appropriations –
Subcommittees –
Agriculture and Rural Development – Thursday, April 14, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Military and Veterans Affairs/State Police – Thursday, April 14, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Health Policy and Human Services – Thursday, April 14, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Judiciary and Public Safety – Thursday, April 14, and Tuesday, April 19, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:34 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, April 14, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate