No. 44

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2022

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, May 10, 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—excused                               Huizenga—present                           Runestad—present

Barrett—present                                  Irwin—present                                 Santana—excused

Bayer—present                                    Johnson—present                             Schmidt—present

Bizon—present                                    LaSata—excused                             Shirkey—present

Brinks—present                                   Lauwers—present                            Stamas—present

Bullock—present                                 MacDonald—present                       Theis—present

Bumstead—excused                             McBroom—present                          VanderWall—present

Chang—excused                                  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 Stamas of the 36th District offered the following invocation:

Dear Lord, we thank You for this opportunity to come together to serve You, Lord; to serve the citizens of Michigan. Dear Lord, we ask that You give us grace; we ask that You give us guidance and strength. We ask that You be with those who are in need; we ask that You be with those who call out Your name. In Your name we pray. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Lauwers moved that Senators Bumstead and LaSata be excused from today’s session.

The motion prevailed.

 

Senator McMorrow moved that Senators Ananich, Geiss, Santana and Chang be excused from today’s session.

The motion prevailed.

 

 

The following communication was received and read:

Office of the Auditor General

May 3, 2022

Enclosed is a copy of the following report:

•    Report on internal control, compliance, and other matters of the Michigan State Police Retirement System (A Fiduciary Component Unit of the State of Michigan) (071-0154-22).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

 

Senator Lauwers moved that the Committee on Appropriations be discharged from further consideration of the following bills:

House Bill No. 5781, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5778, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5792, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5786, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5788, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5789, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

House Bill No. 5790, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

House Bill No. 5784, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

 

 

Senate Bill No. 844, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

 

 

Senate Bill No. 845, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2021 PA 48, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2021 PA 86.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

 

 

Senator Lauwers moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 5781

House Bill No. 5778

House Bill No. 5792

House Bill No. 5786

House Bill No. 5788

House Bill No. 5789

House Bill No. 5790

House Bill No. 5784

Senate Bill No. 844

Senate Bill No. 845

The motion prevailed, a majority of the members serving voting therefor.

 

 

Senator Lauwers moved that the Committee on Finance be discharged from further consideration of the following bill:

Senate Bill No. 1029, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 8 and 152 (MCL 207.1008 and 207.1152), as amended by 2015 PA 176.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Lauwers moved that the bill be referred to the Committee on Transportation and Infrastructure.

The motion prevailed.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

House Bill No. 4077, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21106 (MCL 324.21106).

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 Energy and Technology.

House Bill No. 5538, entitled

A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of this state by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, certain public or private school buildings or additions to those buildings and by regulating the construction, reconstruction, and remodeling of, and the installation of certain security devices at, buildings leased or acquired for school purposes; to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 1, 1a, and 2 (MCL 388.851, 388.851a, and 388.852), section 1 as amended by 2004 PA 510 and section 2 as amended by 2002 PA 627.

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.

 

 

House Bill No. 5779, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 202a, 206, 207a, 207b, 207c, 209, 209a, 226b, 226d, 226g, 229, 229a, and 230 (MCL 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1826b, 388.1826d, 388.1826g, 388.1829, 388.1829a, and 388.1830), sections 201, 206, 207a, 207b, 207c, 209, 209a, 226b, 226d, 229, 229a, and 230 as amended and section 226g as added by 2021 PA 86 and section 202a as amended by 2020 PA 165, and by adding sections 212a, 216, 216a, 216b, 216c, 226e, 227, and 227a; and to repeal acts and parts of acts.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

House Bill No. 5780, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

House Bill No. 5782, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

House Bill No. 5783, entitled

A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of labor and economic opportunity, and certain other state purposes for the fiscal year ending September 30, 2023; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; to declare the effect of this act; and to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022 and provide for certain conditions on and the expenditure of those appropriations.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5785, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236b, 236c, 236h, 237b, 241, 245a, 251, 252, 256, 259, 260, 263, 264, 265, 265a, 265b, 267, 268, 269, 270c, 274, 275, 275b, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 (MCL 388.1836, 388.1836b, 388.1836c, 388.1836h, 388.1837b, 388.1841, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875, 388.1875b, 388.1875f, 388.1875g, 388.1875h, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, and 388.1882), sections 236, 236b, 236c, 241, 245a, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 as amended and section 236h as added by 2021 PA 86, sections 237b and 275 as amended by 2020 PA 165, sections 251 and 252 as amended by 2019 PA 162, section 265a as amended by 2019 PA 62, and section 275b as amended by 2018 PA 265, and by adding sections 236j, 236k, 265f, 265g, 265h, 274a, 275j, and 275k; and to repeal acts and parts of acts.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

House Bill No. 5787, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

House Bill No. 5791, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

House Bill No. 5795, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 20m, 21b, 21f, 21h, 22a, 22b, 22c, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, 26a, 26b, 26c, 26d, 28, 31a, 31d, 31f, 31j, 31n, 31o, 31y, 31z, 32d, 32p, 35a, 35g, 39, 39a, 41, 51a, 51c, 51d, 51f, 51g, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 97, 97a, 98, 98b, 98d, 99h, 99s, 99u, 99x, 101, 104, 104c, 107, 147, 147a, 147b, 147c, 147e, and 152a (MCL 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621b, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1625i, 388.1626a, 388.1626b, 388.1626c, 388.1626d, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1631o, 388.1631y, 388.1631z, 388.1632d, 388.1632p, 388.1635a, 388.1635g, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1651g, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1697, 388.1697a, 388.1698, 388.1698b, 388.1698d, 388.1699h, 388.1699s, 388.1699u, 388.1699x, 388.1701, 388.1704, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, and 388.1752a), sections 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 98d, 99h, 99s, 99u, 99x, 101, 104, 104c, 107, 147, 147a, 147b, 147c, 147e, and 152a as amended and sections 20m, 22c, 26d, 31o, 31y, 31z, 35g, 51g, 97, 97a, and 98b as added by 2021 PA 48 and section 21b as amended by 2014 PA 196, and by adding sections 8c, 11w, 22e, 23b, 23c, 23f, 30, 30a, 30b, 30c, 31q, 31r, 31aa, 32n, 35i, 35j, 41b, 61i, 94e, 97b, 97c, 97d, 97e, 98e, 99r, 99cc, 104i, 152c, and 166c; and to repeal acts and parts of acts.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Recess

 

 

Senator Lauwers moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:13 a.m.

 

11:04 a.m.

 

The Senate was called to order by the Assistant President pro tempore, Senator Theis.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator Lauwers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the Assistant President pro tempore, Senator Theis, designated Senator Alexander as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Theis, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 844, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

 

 

Senate Bill No. 845, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2021 PA 48, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2021 PA 86.

The bills were placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5781, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5778, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5792, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5786, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5788, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5789, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5790, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5784, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5779, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 202a, 206, 207a, 207b, 207c, 209, 209a, 226b, 226d, 226g, 229, 229a, and 230 (MCL 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1826b, 388.1826d, 388.1826g, 388.1829, 388.1829a, and 388.1830), sections 201, 206, 207a, 207b, 207c, 209, 209a, 226b, 226d, 229, 229a, and 230 as amended and section 226g as added by 2021 PA 86 and section 202a as amended by 2020 PA 165, and by adding sections 212a, 216, 216a, 216b, 216c, 226e, 227, and 227a; and to repeal acts and parts of acts.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5780, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5782, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5783, entitled

A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of labor and economic opportunity, and certain other state purposes for the fiscal year ending September 30, 2023; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; to declare the effect of this act; and to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022 and provide for certain conditions on and the expenditure of those appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5785, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236b, 236c, 236h, 237b, 241, 245a, 251, 252, 256, 259, 260, 263, 264, 265, 265a, 265b, 267, 268, 269, 270c, 274, 275, 275b, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 (MCL 388.1836, 388.1836b, 388.1836c, 388.1836h, 388.1837b, 388.1841, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875, 388.1875b, 388.1875f, 388.1875g, 388.1875h, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, and 388.1882), sections 236, 236b, 236c, 241, 245a, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 as amended and section 236h as added by 2021 PA 86, sections 237b and 275 as amended by 2020 PA 165, sections 251 and 252 as amended by 2019 PA 162, section 265a as amended by 2019 PA 62, and section 275b as amended by 2018 PA 265, and by adding sections 236j, 236k, 265f, 265g, 265h, 274a, 275j, and 275k; and to repeal acts and parts of acts.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5787, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5791, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5795, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 20m, 21b, 21f, 21h, 22a, 22b, 22c, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, 26a, 26b, 26c, 26d, 28, 31a, 31d, 31f, 31j, 31n, 31o, 31y, 31z, 32d, 32p, 35a, 35g, 39, 39a, 41, 51a, 51c, 51d, 51f, 51g, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 97, 97a, 98, 98b, 98d, 99h, 99s, 99u, 99x, 101, 104, 104c, 107, 147, 147a, 147b, 147c, 147e, and 152a (MCL 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621b, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1625i, 388.1626a, 388.1626b, 388.1626c, 388.1626d, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1631o, 388.1631y, 388.1631z, 388.1632d, 388.1632p, 388.1635a, 388.1635g, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1651g, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1697, 388.1697a, 388.1698, 388.1698b, 388.1698d, 388.1699h, 388.1699s, 388.1699u, 388.1699x, 388.1701, 388.1704, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, and 388.1752a), sections 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 98d, 99h, 99s, 99u, 99x, 101, 104, 104c, 107, 147, 147a, 147b, 147c, 147e, and 152a as amended and sections 20m, 22c, 26d, 31o, 31y, 31z, 35g, 51g, 97, 97a, and 98b as added by 2021 PA 48 and section 21b as amended by 2014 PA 196, and by adding sections 8c, 11w, 22e, 23b, 23c, 23f, 30, 30a, 30b, 30c, 31q, 31r, 31aa, 32n, 35i, 35j, 41b, 61i, 94e, 97b, 97c, 97d, 97e, 98e, 99r, 99cc, 104i, 152c, and 166c; and to repeal acts and parts of acts.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

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.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

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.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

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.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

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.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 450, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

Recess

 

 

Senator Lauwers moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 11:32 a.m.

 

11:54 a.m.

 

The Senate was called to order by the Assistant President pro tempore, Senator Theis.

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Huizenga offered the following resolution:

Senate Resolution No. 137.

A resolution to recognize May 2022 as Michigan Fitness Month.

Whereas, Fitness has significant health benefits for hearts, bodies, and minds. These benefits can include, but are not limited to, reduced risk of cardiovascular disease, type 2 diabetes, cancer, healthy weight management, and reduced risk of depression and anxiety; and

Whereas, The International Physical Literacy Association (IPLA) reports that physical literacy, known as the motivation, confidence, physical competence, knowledge, and understanding to value and take responsibility for engagement in physical activities for life, is critical for child development; and

Whereas, Adults under 65 years of age should engage in 150-300 minutes of moderate cardio activity each week, in addition to two strength-related workouts, according to the United States Department of Health and Human Services’ (DHHS) physical activity guidelines for Americans. However, fewer than half of Americans meet both recommendations, according to the Centers for Disease Control and Prevention (CDC); and

Whereas, The percentage of Michigan adults who met the federal physical activity guidelines from 2015-2019 never exceeded 25 percent, according to a CDC Behavioral Risk Factor Surveillance System study; and

Whereas, Michigan is home to over 1,000 health clubs that service over 2.5 million residents. The fitness industry helps combat a 33 percent adult obesity rate and lowers healthcare costs, 83 percent of which are spent on chronic diseases; and

Whereas, Health clubs are a key economic asset to the state of Michigan, bringing in more than $776 million in revenue and employing over 46,000 residents; and

Whereas, The Michigan Fitness Club Association (MFCA) is a statewide membership organization dedicated to educating, promoting fitness and wellness, and connecting exercise centers with our healthcare delivery system. MFCA also brings together organizations such as Planet Fitness, Burn Fitness, Orangetheory Fitness, and more to empower fitness professionals and improve health outcomes in our state; and

Whereas, In the month of May, health clubs and volunteers will come together throughout Michigan to raise awareness about the importance of fitness to achieve their mission of delivering health and wellness to the public; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize May 2022 as Michigan Fitness Month.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Lauwers moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The resolution was adopted.

 

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

 

 

House Joint Resolution R, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 10 and 54 of article IV, to require certain disclosures and to modify limitations on terms of office of state legislators.

The House of Representatives has adopted the joint resolution by a 2/3 vote.

The joint resolution was read a first and second time by title.

Senator Lauwers moved that rule 3.203 be suspended and that the joint resolution be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator Lauwers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the Assistant President pro tempore, Senator Theis, designated Senator Alexander as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Theis, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following joint resolution:

House Joint Resolution R, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 10 and 54 of article IV, to require certain disclosures and to modify limitations on terms of office of state legislators.

The joint resolution was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator Lauwers moved that the rules be suspended and that the following joint resolution, now on Third Reading of Bills, be placed on its immediate adoption:

House Joint Resolution R

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 joint resolution:

House Joint Resolution R

The motion prevailed.

 

 

The following joint resolution was read a third time:

House Joint Resolution R, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 10 and 54 of article IV, to require certain disclosures and to modify limitations on terms of office of state legislators.

The question being on the adoption of the joint resolution,

The joint resolution was adopted, 2/3 of the members serving voting therefor, as follows:

 

 

Roll Call No. 205                                           Yeas—26

 

 

Bayer                                 Huizenga                            Moss                                 Stamas

Brinks                                Irwin                                  Nesbitt                               Theis

Bullock                              Lauwers                             Outman                             Victory

Daley                                 MacDonald                        Polehanki                          Wojno

Hertel                                 McBroom                          Schmidt                             Wozniak

Hollier                               McCann                             Shirkey                              Zorn

Horn                                  McMorrow                                                                 

 

 

                                                                      Nays—6

 

 

Alexander                          Bizon                                 Runestad                           VanderWall

Barrett                                Johnson                                                                      

 

 

                                                                   Excused—6

 

 

Ananich                             Chang                                LaSata                               Santana

Bumstead                           Geiss                                                                          

                                                                 Not Voting—0

 

 

In The Chair: Theis

 

 

The Senate agreed to the title of the joint resolution.

 

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senator Polehanki asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Polehanki’s statement is as follows:

It looks like the United States Supreme Court is going to make abortion a crime in the coming months. Last week, Supreme Court Justice Samuel Alito wrote a leaked but formal opinion that women who seek abortions for any reason at all should be considered criminals. Criminals for seeking an abortion. Criminals for wanting control of their own bodies. If you’re like me, you’ve seen comparisons of Alito’s opinion to the witch hunts of hundreds of years ago when fanatical but powerful men executed tens of thousands of women for being women. Some of you may think, Well things are much more civilized now; we are not burning witches, turn down the hysteria Senator. My response would be to ask you to take a look at Alito’s opinion in which he draws heavily from an Englishman named Sir Matthew Hale who in the 1600s described abortion as a “great crime.” Never mind that Hale secured the executions of two women as witches himself and he wrote the definitive text for a marital rape exemption because “by marriage, the wife hath given herself up.” This is Alito’s guy.

Alito cites another argument to ban abortion and that is that a “domestic supply of infants…to be adopted has become virtually nonexistent.” He’s talking about American women as infant suppliers for adoption—vessels. You know, I was a high school English teacher and I truly believe that many of my students could have written more sound arguments than Alito. Nevertheless it looks like it’s a forgone conclusion that abortion in the United States will be made a crime in the near future. So what does that mean for Michigan women? Does Michigan have a state law that would supersede this upcoming federal law?

The answer is no, in fact it’s just the opposite. Michigan has a 1931 law on the books that would take immediate effect. So when Roe falls overnight, nearly all abortions would become a felony carrying a penalty of up to four years in prison, even in the case of rape and incest or medical emergencies. So Michigan doctors and providers are going to jail if they help a woman obtain an abortion. And the 1931 law is unclear about women who take abortion medications on their own.

When this happens—when this happens—Michigan’s Attorney General Dana Nessel described the chilling effect that this would have on women’s healthcare. What doctor, she says, is going to want to risk prison and perform a D&C for women who have uterine problems? Or to clear the uterine lining after a miscarriage because a D&C is the same procedure that a doctor might do for an abortion. Nessel says this chilling effect will affect basic medical healthcare required for women to not have extreme health problems or even die. The Attorney General says she is going to refuse to enforce this draconian law, but she can’t prevent any of Michigan’s 83 county prosecutors from pursuing criminal charges against those involved in abortion.

So we have a decision to make. Will we stand by and let politicians like us in this room conduct a modern day witch hunt on women who wish to make decisions about our reproductive rights? Or will the core democratic values of liberty and equality prevail? You know, that’s up to us Michiganders and who we elect to make our laws. It is time to fight, and the fight is now.

 

Senator Victory moved that the remarks he made during the recess earlier today be printed in the Journal.

The motion prevailed.

Senator Victory’s first statement is as follows:

Today we have the honor of recognizing Hope College women’s national—let me repeat that—national basketball champions. The Hope College women’s basketball team has laid claim to three national championships. Two of the three have been won under the leadership of coach Brian Morehouse. Known for their team unity and for bringing positivity to all levels of competition—and I am going to go a little off-script here—and when I say a real positive attitude, there was a retirement home, Freedom Village, and they had their own special fanbase of seniors that love attending their games. That was something special to see and even our local media brought that to our attention.

The Hope College women’s basketball team has won 77 out of 78 games over the past three years. These victories culminated with a final against Wisconsin-Whitewater for the national championship. What distinguishes the best is the dedication and effort that appears in practice, far removed from the excitement of the game day. Through their hard work and commitment this team and the coaching staff have embodied the qualities that enable success, not only on the court but also in life. This group of disciplined student athletes has generated great pride throughout the state of Michigan and especially in the Holland community.

It is with sincere respect and admiration that we congratulate the Hope College women’s basketball team on winning the 2022 NCAA Division III Women’s Basketball National Championship. Please join me in welcoming them to the State Senate.

 

Senator Victory’s second statement is as follows:

Today, I am honored to welcome the ambassador of the Kingdom of the Netherlands to the United States, André Haspels and his wife, Mrs. Bernie Haspels, to the chamber. Ambassador Haspels has served as ambassador since 2019, working to strengthen the ties between our two countries.

This week, he is spending time in Michigan with his economic advisors from the Dutch Embassy in Washington, as well as dozens of business leaders who have traveled here from the Netherlands to join the economic mission. They are learning more about Michigan’s strong agricultural and auto manufacturing sectors, and have spent time in Holland and Grand Rapids, and after leaving Lansing this morning they are heading to Ann Arbor and Detroit.

Interestingly Ambassador Haspels’ father was a flower trader who imported flowers from all over the world, including the United States—I even learned yesterday, ferns from Florida. Since he was a young boy, Haspels has always seen flowers, and that’s how he learned about agriculture and the trade. This is a real honor to have the ambassador here today. Please help me to welcome Ambassador Haspels and Mrs. Haspels to the State Capitol.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 5:

House Bill Nos.     4077   5538   5779   5780  5782   5783   5785   5787   5791 5795

 

The Secretary announced that the following House joint resolution was received in the Senate and filed on Tuesday, May 10:

House Joint Resolution       R

 

The Secretary announced that the following bills were printed and filed on Thursday, May 5, and are available on the Michigan Legislature website:

Senate Bill Nos.    1027   1028  1029

House Bill Nos.     6070   6071   6072   6073  6074   6075   6076   6077   6078  6079   6080   6081 6082       6083        6084        6085        6086

 

 

Scheduled Meetings

 

 

Appropriations – Wednesday, May 11, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307

 

Economic and Small Business Development – Thursday, May 12, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

Finance Wednesday, May 11, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312 (CANCELLED)

 

Health Policy and Human Services Thursday, May 12, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

Judiciary and Public Safety Wednesday, May 11, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

Transportation and Infrastructure – Wednesday, May 11, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-5323

 

 

Senator Lauwers moved that the Senate adjourn.

The motion prevailed, the time being 12:18 p.m.

 

The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Wednesday, May 11, 2022, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate