Senate Bill No. 88, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 155 Yeas—36

Alexander Daley MacDonald Santana

Ananich Geiss McBroom Schmidt

Barrett Hertel McCann Shirkey

Bayer Hollier McMorrow Stamas

Bizon Horn Moss Theis

Brinks Irwin Nesbitt VanderWall

Bullock Johnson Outman Victory

Bumstead LaSata Polehanki Wojno

Chang Lauwers Runestad Zorn

Nays—0

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 89, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Senator Santana offered the following amendments:

1. Amend page 7, following line 4, by inserting:

“Michigan joint task force on jail and pretrial incarceration 10,200,000”.

2. Amend page 7, line 8, by striking out “4,885,500” and inserting “15,085,500” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 31, following line 7, by inserting:

“ONE-TIME APPROPRIATIONS

Sec. 801. (1) Funds appropriated in part 1 for the Michigan joint task force on jail and pretrial incarceration must be used to support the development and delivery of training for law enforcement, dispatch, and jail officers in the areas of behavioral health and victim services, in accordance with task force recommendations.

(2) The unexpended funds appropriated in part 1 for the Michigan joint task force on jail and pretrial incarceration are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support the development and delivery of training for law enforcement, dispatch, and jail officers, in accordance with task force recommendations.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The estimated completion date is September 30, 2026.”.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 156 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Chang offered the following amendments:

1. Amend page 7, following line 4, by inserting:

“De-escalation pilot project 250,000”.

2. Amend page 7, line 8, by striking out “4,885,500” and inserting “5,135,500” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 157 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Hollier offered the following amendments:

1. Amend page 3, line 17, by striking out “152.0” and inserting “155.0”.

2. Amend page 3, line 17, by striking out “21,626,200” and inserting “22,076,200”.

3. Amend page 3, line 23, by striking out “107,479,900” and inserting “107,929,900”.

4. Amend page 6, line 14, by striking out “28,975,200” and inserting 29,575,200”.

5. Amend page 7, line 3, by striking out “14,063,000” and inserting “14,663,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 158 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Hollier offered the following amendments:

1. Amend page 5, line 19, by striking out “16,137,600” and inserting “16,544,600”.

2. Amend page 6, line 12, by striking out “50,037,800” and inserting “50,444,800” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 159 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 160 Yeas—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Nays—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused—0

Not Voting—0

In The Chair: President

Senators Santana, Chang, Barrett and Hollier asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Santana’s statement is as follows:

Today I offer up this amendment to the Michigan State Police budget. My amendment would fund the $10.2 million to the MCOLES training of law enforcement personnel related to the recommendations that we made through the Joint Task Force on Jail and Pretrial Incarceration. Specifically, this would provide officers with training and behavioral health crisis response and support for crime victims as recommended by the Joint Task Force.

Now it was brought up in committee that the reason that this was not being funded was because there was not accounting for the appropriations that were made this prior fiscal year. So let me just clarify that. MCOLES estimated that the cost of fully funding the training of 19,000 law enforcement officers on behavioral health crisis response and domestic violence response at around $14.4 million. Just a portion of the $4.2 million allocated has been spent so far because there was COVID-19 causing a hiring freeze. However, MCOLES has started working on updating and streamlining their behavioral health training and they had planned to pilot a new training in June with the full rollout starting in September. The training of all officers statewide is a multiple-year project, but they need the funds of $14.4 million to be able to bring both behavioral health training and domestic violence training to every officer across the state of Michigan. Appropriations for training and de-escalation and crisis response and safe response to domestic violence are both important to the safety of our communities as well as our officers, the victims, as well as individuals in this crisis. So now that we have this opportunity to get back up to those recommendations and resources, I hope that all of my colleagues in this beautiful chamber that we call the Senate will support this amendment.

Senator Chang’s statement is as follows:

My amendment would provide $250,000 for the National De-Escalation Training Center at Wayne State University. This is a really exciting, new, nationally recognized center that was just established last year and it’s really wonderful that we have it located in the city of Detroit to be able to provide this excellent training service. The center uses a hybrid model of de-escalation training that is specifically designed for law enforcement officers, providing special assessment and situational skills training that is proven to reduce conflict and avoid potential tragic scenarios for citizens and officers. The training center is doing important work to reduce deadly encounters between police and our residents. I ask my colleagues to support this work through my amendment.

Senator Barrett’s first statement is as follows:

It’s important to recognize that we have put $500,000 into this budget to go toward de-escalation and while this amendment is important to consider, I would recommend a “no” vote at this time because we’ve already allocated a far greater sum of money toward de-escalation and I think we can entrust that to MCOLES to discern where that money ought to be spent.

Senator Hollier’s first statement is as follows:

My amendment would fund the Governor’s recommendation at $1.5 million to implement and support the maintenance of the records expungement process. We spent a lot of time working on the clean slate legislation and we all came together in a bipartisan manner and fashion to say that we are not going to hold people accountable for what we all know were unjust laws. People, particularly Black folks and poor people, were sent to prison and have criminal records that are preventing them from going back to work. As we talk about the incredible difficulty in filling all the jobs and getting people back to work, this continues to be an issue that affects people as they try and do that. I’m excited and encouraging my colleagues to continue to support this as we work to make sure folks who were promised a clean slate have that opportunity. We knew that there would be up-front costs and this is the opportunity to pay for it. I hope we can make this thing happen.

Senator Barrett’s second statement is as follows:

I appreciate my colleague from the 2nd District bringing this issue forward. Right now I would recommend a “no” vote. We’re continuing to negotiate around the clean slate expungement package and we’re continuing to negotiate that with the administration in good faith, so right now I would recommend a “no” vote on this amendment.

Senator Hollier’s second statement is as follows:

My amendment would fund the Governor’s recommendation of $407,000 to support increased IT costs for the State Emergency Operations Center. If any of you haven’t been it’s a beautiful facility, but over the last year we’ve seen just how important the IT components are. In a traditional disaster like a fire or a torrential storm, you can bring everybody into that facility and they know how to do their business, but if we talk about a global pandemic and some of the increased issues we’re seeing with cyber hacks and all the things going on across the country, it’s incredibly important that we have IT needs met, and they just aren’t being. There are some places across the country today that are unable to get gas because of a cyber hack because of all the kinds of things that are going on. As we talk about investing in our infrastructure and our resiliency, it’s critically important that the people who are taking care of and running our situations in emergency spaces have the technology and capabilities they need, and right now they don’t. We have the money; we should absolutely spend it right now. The SEOC is a critical component to our resiliency and it makes sure we have folks in the right position who have connectivity, whether they’re at home, in the Operations Center, or wherever else they need to be across the state to respond to the clearly confounding disasters we’ve had over the last few years.

Senator Barrett’s third statement is as follows:

I think this issue is one that deserves more discussion and I’m happy to continue that conversation, but at this point I would recommend a “no” vote on this amendment.

Recess

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

The motion prevailed, the time being 11:43 a.m.

11:52 a.m.

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

Senate Bill No. 91, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Senator McCann offered the following amendments:

1. Amend page 17, line 14, after “water” by striking out “emergency”.

2. Amend page 17, line 14, after “grants” by striking out “10,000,000” and inserting “40,000,000”.

3. Amend page 18, line 16, after “water” by striking out “emergency”.

4. Amend page 18, line 16, after “grants” by striking out “10,000,000” and inserting “40,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 33, following line 11, by inserting:

“Sec. 1006. (1) From the appropriations in part 1 for high water infrastructure grants, the department shall develop a competitive grant program to support the planning efforts of local communities to prepare for and strengthen their resiliency in relation to severe weather events and the effects of changing climate conditions, as well as, provide infrastructure grants that directly address the impacts and vulnerabilities presented by those adverse conditions.

(2) A total of $10,000,000.00 of these funds shall be designated for planning grants that focus on the development of the following:

(a) Local climate action plans.

(b) Resiliency plans for communities impacted by high water levels and coastal erosion.

(d) Zoning/planning ordinances for communities to prevent climate impacts and adopt climate mitigation tools.

(3) A total of $30,000,000.00 of these funds shall be designated for infrastructure grants that focus on, but are not limited to, projects that address flooding, coastline erosion, transportation networks, urban heat, and storm water management.

(4) Eligible participants to this grant program are regional councils of government and local units of government. A local unit of government may act as a primary project sponsor and fiduciary for a grant that includes partnerships or consortiums with other public or non-profit organizations.

(5) No one planning grant may exceed $200,000.00, and no one infrastructure grant may exceed $2,500,000.00. A 20% match is required for all grants.

(6) The department shall develop the grant program, selection criteria, timelines, reporting and other requirements. Grant program information will be published in an accessible location on the department’s internet site. The department may partner with other state agencies as necessary to develop and operate the program.”.

6. Amend page 33, line 11, by striking out all of section 1006.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 161 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Bayer offered the following amendment:

1. Amend page 17, following line 12, by inserting:

Contaminated site cleanup 20,000,000

and adjusting the subtotals, totals, and section 201 accordingly.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 162 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Bayer offered the following amendments:

1. Amend page 17, following line 16, by inserting:

MI clean water plan 290,000,000

2. Amend page 17, following line 18, by inserting:

Other state restricted revenues 290,000,000

3. Amend page 18, following line 16, by inserting:

MI clean water plan 255,000,000

and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 35, following line 13, by inserting:

“Sec. 1010. The unexpended funds appropriated in part 1 for the MI clean water plan are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide local water infrastructure grants.

(b) The project will be accomplished by utilizing contracts with service providers.

(d) The tentative completion date is September 30, 2026.”.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 163 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 164 Yeas—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Nays—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused—0

Not Voting—0

In The Chair: President

Senators McCann, Bumstead and Bayer asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator McCann’s statement is as follows:

My amendment would restore the department’s high water infrastructure grants back to the Governor’s recommendation. Most Michigan citizens are aware of the increase in water levels and erosion on the coasts of our state and in our lakes in the past year, especially along Lake Michigan. The money from this amendment would help with coastal erosion and flooding and provide planning grants to support local resiliency plans. I ask for my colleagues’ support of this amendment.

Senator Bumstead’s first statement is as follows:

I encourage my colleagues to vote “no” on this amendment. I’m supportive of funding for this program, but we included $10 million. At this point, there’s no extra money to fund it at $40 million so I’m not willing to reduce the EGLE budget by $30 million to make the difference, so I urge a “no” vote.

Senator Bayer’s first statement is as follows:

This amendment would restore the Governor’s recommended $20 million for contaminated site cleanups. We do know that we have contamination problems all over the state—thousands of potential sites that need cleanup. Some we know about already that are on a list, like the infamous green ooze in my colleague from District 11’s down the road from me. We did not have the money to clean that up. We did not have the resources to be able to respond to that. That happens over and over again.

We have thousands of suspected PFAS sites. Six thousand known underground storage tanks that at any time could suddenly spring a leak and issue noxious vapors to the buildings above them. That happened in my district last year. The commercial buildings that were above that storage tank had to close. Some of them did not survive, partially because of the loss of revenue, partially because of the fear of consumers who didn’t want to go into a building where there was poisonous air. We didn’t have the resources we needed to be able to address that. I know $20 million is not enough to fix all the problems we have in this state, but we do need a fund to be able to respond when things are bad and our people and resources are at risk. I urge you to vote “yes” on this amendment.

Senator Bumstead’s second statement is as follows:

The department already has funding for emergency contamination issues that may arise throughout our state. We also do not have the additional $20 million in the EGLE budget to appropriate for this, so I’d urge a “no” vote on this amendment.

Senator Bayer’s second statement is as follows:

This amendment would restore the Governor’s $290 million for the Michigan Clean Water Plan. The fact that we are facing failing water infrastructure—clean water, stormwater, wastewater—all across this state is uncontested. In my district alone, and undoubtedly in your district as well, there is lead in clean water lines that are supposedly being used for drinking. No level of lead is safe for drinking. We have failing stormwater and wastewater treatment infrastructure in communities as well as individual homes, septics that need repair, and sewer lines that are failing and need replacing. The $290 million here would offer grant opportunities to communities and individuals across the state who need help paying for these desperately-needed improvements and whose funding was approved by voters in 2002. We need to do what the voters asked for and use this money, approve the funding in the legislation that goes along with it, and put this to work to improve the failing infrastructure that is so critical to this state.

Senator Bumstead’s third statement is as follows:

In order to utilize this money the way the Governor proposed, the Legislature must pass bills to authorize it. Those bills are in the process but have not been completed. I think it is premature for us to authorize $290 million before the authorization has occurred. We can revisit this spending if and when the Governor signs legislation providing authorization. I urge a “no” vote on this amendment.

Senator Bayer’s third statement is as follows:

Just really briefly, that legislation is prepared and waiting for the opportunity to be called to a vote.

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 President, Lieutenant Governor Gilchrist, designated Senator Bullock as Chairperson.

Senate Bill No. 83, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.

Substitute (S-3).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 79, line 25, after “(15)” by striking out “The” and inserting “For the first half of the 2021-2022 school year, the”.

2. Amend page 79, line 26, after the second “courses” by striking out “offered”.

3. Amend page 79, line 26, after “offered” by striking out the balance of the subsection and inserting “taken by a pupil described in section 98b(1)(a)(i). As used in this subsection, “first half of the 2021‑2022 school year” means that term as defined in section 98b.”.

4. Amend page 95, line 20, by striking out “$8,120,000.00” and inserting “$7,300,100.00”.

5. Amend page 97, line 17, after “exceed” by striking out “$820,000.00” and inserting “$100.00” and adjusting the totals in section 11 and enacting section 1 accordingly.

6. Amend page 136, line 17, after “subsection” by striking out “(5)” and inserting “(6)”.

7. Amend page 139, line 9, after “districts.” by inserting “Districts receiving funding under this subsection are encouraged to provide suicide prevention and awareness education and counseling.”.

8. Amend page 140, line 1, after “agencies” by inserting a semicolon and “and the intermediate district is encouraged to provide suicide prevention and awareness education and counseling”.

9. Amend page 143, line 29, after “department.” by striking out the balance of the line through “guidelines.” on line 11 of page 144 and inserting “For a child to be eligible to participate in a program under this section, the child must be at least 3 years of age as of September 1 of the school year in which the program is offered and must meet those eligibility and prioritization guidelines. A program operating with funding under this section must prioritize access to children who are at least age 4 as of September 1 of the school year in which the program is offered and must develop an enrollment policy that maximizes the availability of prekindergarten programming and instruction. A program funded under this section may use funds to support children in blended prekindergarten/kindergarten classrooms.”.

10. Amend page 180, line 4, after “exceed” by striking out “$500,000.00” and inserting “$1,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.

11. Amend page 256, line 8, by striking out all of subsections (1), (2), (3), (4), (5), and (6) and inserting “(1) Subject to subsections (2) and (6), in order to receive state aid under this article, the district must comply with all of the following requirements:

(a) For the 2021-2022 school year, except for the portion of the first half of the 2021-2022 school year in which an exception in this subdivision applies, the district must provide a full schedule of in-person instruction to each pupil enrolled in the district to be taught by a teacher of record to whom the pupil is assigned, unless either of the following applies:

(i) In the first half of the 2021-2022 school year, the pupil’s parent or legal guardian provides written notice, in a form and manner prescribed by the district, to the district stating that he or she is electing that his or her child will not participate in the in-person instruction being provided as described in this subdivision. A district shall ensure that a pupil for whom it receives a notice described in this subparagraph is provided with instruction online, digitally, or by other remote means, by a teacher of record to whom the pupil is assigned.

(ii) In the first half of the 2021-2022 school year, the district is prohibited from providing in-person instruction pursuant to an executive order, proclamation, or directive issued by the governor under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or an emergency order issued under section 2253 or 2453 of the public health code, 1978 PA 368, MCL 333.2253 and 333.2453.

(b) For the 2021-2022 school year, the district shall provide all teachers of the district who are teaching in person proper personal protection equipment and regular COVID-19 testing.

(c) For the 2021-2022 school year, except for the portion of the first half of the 2021-2022 school year in which an exception under subparagraph (i) or (ii) applies and subject to subparagraph (iii), each teacher of record who is providing instruction to a pupil enrolled in the district, including a pupil described in subdivision (a)(i), shall provide that instruction to the pupil in person or from a classroom designated by the district, unless any of the following apply:

(i) In the first half of the 2021-2022 school year, the district is prohibited from complying with this subdivision pursuant to an executive order, proclamation, or directive issued by the governor under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or an emergency order issued under section 2253 or 2453 of the public health code, 1978 PA 368, MCL 333.2253 and 333.2453.

(ii) In the first half of the 2021-2022 school year, the teacher of record tests positive for coronavirus or is in a condition for which the teacher of record could claim sick leave from his or her employer, and the teacher of record agrees to provide instruction to the pupil online, digitally, or by other remote means. As used in this subparagraph, “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

(iii) The instruction being provided to the pupil is being provided by a community college or university.

(2) If subsection (1)(a)(i) or (ii) applies to a district, in order to receive state aid under this article, a district must provide instruction under an extended COVID-19 learning plan that has been approved by an intermediate district or authorizing body, as applicable, under subsection (3). It is the intent of the legislature that extended COVID-19 learning plans described in this subsection provide districts with maximum flexibility to adapt their educational programs for some or all pupils at some or all of the schools operated by the district to continue to respond to the COVID-19 pandemic. An extended COVID-19 learning plan described in this subsection must include all of the following elements:

(a) A statement indicating why an extended COVID-19 learning plan is necessary.

(b) A description of how instruction will be delivered during the first half of the 2021-2022 school year. Instruction, as described in this subdivision, may be delivered at school or at a different location but must be in person, except as otherwise provided in the exceptions under subdivision (a)(i) or (ii); may be in a synchronous or asynchronous format; and must be delivered as included in the description. If the description of instructional delivery under this subdivision differs from the delivery of instruction reconfirmed under this subdivision, then instruction must be delivered as reconfirmed. Thirty days after the approval of the plan under subsection (3), and every 60 days thereafter for the remainder of the first half of the 2021-2022 school year, the district must, at a meeting of the board, reconfirm how instruction is going to be delivered during the first half of the 2021-2022 school year. Public comment must be solicited from the parents or legal guardians of the pupils enrolled in the district during a meeting described in this subdivision. For each reconfirmation described in this subdivision, the district shall report to the center, in a form and manner prescribed by the center, the instructional delivery method that was reconfirmed; how that instruction will be delivered for each grade level offered by the district, including prekindergarten, as applicable; and whether or not, as determined by the department in consultation with the center, the district is offering higher levels of in-person instruction for English language learners, special education students, or other special populations.

(c) A description of how instruction that is not being provided in person for core academic areas provided under the extended COVID-19 learning plan will expose each pupil to the academic standards that apply for each pupil’s grade level or courses in the same scope and sequence as the district plans for that exposure to occur for in-person instruction, as applicable, and a description of how pupil progress toward mastery of the standards described in this subdivision will be graded or otherwise reported to the pupil and the pupil’s parent or legal guardian.

(d) If the district is delivering pupil instruction virtually, an assurance and description of how pupils receiving instruction virtually will be provided with equitable access to technology and the internet necessary to participate in instruction. This subdivision does not prohibit a district from providing pupil instruction through nonvirtual educational materials.

(e) A description of how the district will ensure that students with disabilities will be provided with equitable access to instruction accommodation in accordance with applicable state and federal laws, rules, and regulations.

(3) A district that is not a public school academy that intends to provide instruction under an extended COVID-19 learning plan shall submit its extended COVID-19 learning plan described in subsection (2) to the intermediate district in which the district is located by not later than 5 days after subsection (1)(a)(i) or (ii) applies to the district, and, except as otherwise provided in this subsection, a district that is a public school academy that intends to provide instruction under an extended COVID-19 learning plan shall submit its extended COVID-19 learning plan described in subsection (2) to its authorizing body by not later than 5 days after subsection (1)(a)(i) or (ii) applies to the district, for approval. A district that is a public school academy that, by agreement, provides educational services for the residents of a district that is not a public school academy and that does not directly provide public educational services to its residents that intends to provide instruction under an extended COVID-19 learning plan shall submit its extended COVID-19 learning plan described in subsection (2) to the intermediate district in which it is located not later than 5 days after subsection (1)(a)(i) or (ii) applies to the district, for approval. An intermediate district or authorizing body, as applicable, shall approve an extended COVID-19 learning plan submitted for approval under this subsection by not later than 5 days after receiving the plan if the plan includes all of the elements required for inclusion in the plan under subsection (2). If an intermediate district or authorizing body, as applicable, approves of a district’s extended COVID-19 learning plan under this subsection, the intermediate district or authorizing body, as applicable, shall transmit copies of the approved plan to the superintendent of public instruction and the state treasurer.

(4) An extended COVID-19 learning plan described in subsection (2) and approved under subsection (3) must be made accessible through the transparency reporting link located on the district’s website by not later than 3 days after the plan is approved under subsection (3).

(5) This section does not apply to a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551.

(6) The requirement under subsection (1)(a) does not apply for pupils who are enrolled in a virtual course under section 21f.

(7) As used in this section:

(a) “First half of the 2021-2022 school year” means the period beginning on the first day of the 2021‑2022 school year and ending December 31, 2021 or, as applicable, the last day of the district’s first semester of the 2021-2022 school year or the last day of the district’s second trimester of the 2021‑2022 school year, whichever is later.

(b) “Teacher of record” means an individual to whom either of the following apply:

(i) All of the following:

(A) One of the following, as applicable:

(I) The individual holds a valid Michigan teaching certificate.

(II) The individual holds a teaching permit recognized by the department, including, but not limited to, a permit for substitute teaching.

(III) The individual is assigned to teach for less than 90 days.

(IV) The individual is teaching under either section 1233b or 1233c of the revised school code, MCL 380.1233b and 380.1233c.

(B) The individual is responsible for providing instruction, determining instructional methods for each pupil, diagnosing learning needs, assessing pupil learning, prescribing intervention strategies and modifying lessons, reporting outcomes, and evaluating the effects of instruction and support strategies.

(C) If the individual holds a valid Michigan teaching certificate or a teaching permit recognized by the department, the individual has a personnel identification code provided by the center.

(ii) If the pupil instruction is being provided by a community college or university, the individual is employed by or contracted through the providing community college or university.”.

12. Amend page 260, following line 29, by inserting:

“Sec. 98d. (1) From the state school aid fund money appropriated under section 11, there is allocated for ~~2020-2021~~ 2021-2022 an amount not to exceed $2,000,000.00 to Northern Michigan University to support the MLC as described in this section. Northern Michigan University shall not retain any portion of the funding received under this section for administrative purposes and shall provide funding to support the MLC. All of the following apply to the MLC:

(a) The MLC must be created to help bridge equity gaps in K to 12 education linked to a student’s ability to engage in distance learning because of inadequate internet access or a lack of devices in the home.

(b) The MLC shall provide over-the-air broadcasts 24 hours each day for 7 days each week of quality instructional content that is aligned with this state’s K to 12 educational standards. Over-the-air broadcasts as described in this subdivision must be streamed live and must be archived for on-demand viewing on a companion website, along with additional learning materials relevant to lessons.

(c) The MLC must be managed and operated by DPTV, and DPTV shall assume all risk, liability, and responsibility for the MLC in accordance with regulations by the U.S. Federal Communications Commission, PBS broadcast standards, and standard nonprofit business standards. DPTV shall serve as the fiduciary agent and service manager for the MLC. The MLC shall originate from a central operations center that is responsible for providing the infrastructure, content, and engagement of the MLC in partnership with this state’s educational leadership organizations.

(d) The MLC shall require that DPTV provide technology, funding, staff training, and central management of the MLC to station partners to insert additional channels into each station’s broadcast streams and to support staffing and engagement as outlined in a memorandum of understanding among the stations.

(e) The MLC shall require that DPTV partner with at least 5 other Michigan public television stations including, but not limited to, WKAR, WGVU, WDCQ, WCMU, and WNMU, to deliver the over-the-air MLC broadcasts described in this section and to support engagement with local educators. Stations described in this subdivision must be able to use the infrastructure provided by the MLC to develop their own local content that best serves their communities.

(f) The MLC shall not use the funds received from Northern Michigan University under this section in support of the MLC for any purposes fully funded by the governor’s emergency education relief fund grant.

(2) Not later than February 1, ~~2021,~~ 2022, the MLC shall provide a report to the house and senate appropriations subcommittees responsible for ~~state~~ school aid, the house and senate fiscal agencies, and the state budget director detailing the MLC’s compliance with ensuring that conditions listed under subsection (1) were met.

(3) Notwithstanding section 17b, the department shall make payments under this section not later than December 1, ~~2020.~~2021.

(4) As used in this section:

(a) “DPTV” means Detroit public television.

(b) “MLC” means the Michigan learning channel.” and adjusting section 11 and enacting section 1 accordingly.

The Senate agreed to the substitute as amended 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. 81, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Substitute (S-2).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 11, following line 11, by inserting:

“Sec. 216. It is the intent of the legislature that judges who are presiding over a hearing on a foster care case shall publicly acknowledge and request the input of the foster parent or foster parents during the hearing.

Sec. 217. If the judicial branch makes any changes to a foster care family service plan before its finalization, it is the intent of the legislature that the presiding judge provide an explanation for any changes to that plan in the court record.”.

The Senate agreed to the substitute as amended 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. 92, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Substitute (S-4).

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.

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 bill, now on Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 83

Senate Bill No. 81

Senate Bill No. 92

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Lauwers moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 83

The motion prevailed.

Senate Bill No. 83, entitled

Senator Bayer offered the following amendments:

1. Amend page 26, line 12, after “section” by striking out “98b.” and inserting “98a.”.

2. Amend page 28, line 6, after “For” by striking out the balance of the line through the second “for” on line 7.

3. Amend page 28, line 23, after “For” by striking out the balance of the line through the second “for” on line 24.

4. Amend page 29, line 12, after “(c)” by striking out the balance of the line through “at” on line 14 and inserting “At”.

5. Amend page 30, line 16, after “(d)” by striking out the balance of the line through “the” on line 18 and inserting “The”.

6. Amend page 30, line 24, after “(e)” by striking out the balance of the line through “the” on line 26 and inserting “The”.

7. Amend page 256, line 8, by striking out section 98b.

8. Amend page 285, line 2, after “year” by striking out “for the period of that first half for which section 98b(1)(a)(i) or (ii) applies to the district, as applicable.”.

9. Amend page 350, line 11, after “81,” by striking out “98b,”.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 165 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Polehanki offered the following amendment:

1. Amend page 114, following line 1, by inserting:

“Sec. 29. (1) From the state school aid fund money appropriated under section 11, there is allocated for 2021-2022 an amount not to exceed $200,000,000.00 for payments as provided under this section to eligible districts described in subsection (2).

(2) A district for which its highest October 3-year count exceeds the calculation of membership for that district under section 6(4) for 2021-2022 is an eligible district under this section.

(3) The payment to each eligible district under this section must be equal to [the difference between the district’s highest October 3-year count and the district’s total 2021-2022 pupils in membership] multiplied by the district’s foundation allowance as calculated under section 20, not to exceed the target foundation allowance described in section 20.

(4) If funds allocated under this section are insufficient to fully fund the calculations under this section, the department shall apply proration on an equal percentage per district.

(5) As used in this section, except as otherwise provided in this subsection, “highest October 3-year count” means the highest number of pupils counted in membership on the pupil membership count day for the current fiscal year and the 2 fiscal years immediately preceding the current fiscal year. However, for a district that is not a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, when determining the number of pupils counted in membership on pupil membership count day for the 2020-2021 school year for purposes of this subsection, the number of pupils to be counted in membership for that pupil membership count day are the number of pupils engaged in pandemic learning for fall 2020.” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 166 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 167 Yeas—19

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Johnson Nesbitt Stamas

Nays—17

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Barrett Geiss McCann Santana

Bayer Hertel McMorrow Wojno

Brinks

Excused—0

Not Voting—0

In The Chair: President

Senator Theis offered to amend the title to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, 26a, 26b, 26c, 28, 29a, 31a, 31d, 31f, 31j, 31m, 31n, 32d, 32p, 35a, 35b, 35d, 35e, 35f, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 98d, 99h, 99i, 99s, 99t, 99u, 99w, 99x, 99z, 101, 104, 104a, 104f, 104g, 105, 105c, 107, 147, 147a, 147b, 147c, 147e, 152a, and 152b (MCL 388.1604, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1625i, 388.1626a, 388.1626b, 388.1626c, 388.1628, 388.1629a, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631m, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1635d, 388.1635e, 388.1635f, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1698d, 388.1699h, 388.1699i, 388.1699s, 388.1699t, 388.1699u, 388.1699w, 388.1699x, 388.1699z, 388.1701, 388.1704, 388.1704a, 388.1704f, 388.1704g, 388.1705, 388.1705c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, and 388.1752b), section 4 as amended by 2019 PA 58, sections 6, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 74, 81, 94, 94a, 95b, 98, 99h, 99s, 99t, 99u, 99w, 99x, 101, 104, 105, 105c, 107, 147, 147a, 147c, 147e, and 152a as amended and sections 25i, 29a, 35d, 35e, 35f, 67a, 98d, 99i, 99z, 104f, and 104g as added by 2020 PA 165, section 6a as amended by 2020 PA 149, sections 11, 21f, and 31n as amended and section 104a as added by 2021 PA 3, sections 19, 147b, and 152b as amended and section 31m as added by 2018 PA 265, and by adding sections 20m, 25k, 26d, 31p, 51g, 51h, 61g, 78, 94c, 97, 98b, 98e, and 167c; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

Senators Bayer, Schmidt and Polehanki asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bayer’s statement is as follows:

This is a very complicated bill and I really appreciate the work that my colleague from the 37th District put into this effort—a lot of really great things in here—but there’s a new feature that we needed to respond to.

The School Aid Act—section 98b—mandates in-person instruction for K-12 teachers and this amendment would remove that section. Our districts—particularly our teachers—have really expended a herculean effort over this past year learning how to teach online on the spot. Jumping to teaching some online and some at home, different kinds of hybrid models, continuously having to adapt, constantly on the fly adjusting to new ways of teaching, and doing an amazing job. But the strain on districts and especially on teachers has really been intense. It’s a grueling test and we’ve learned many things. One of the things we learned is that having the same teacher teach students who are online at the same time they’re teaching students who are in person doesn’t work. It’s not possible for one person to divide their attention to what is effectively more than one classroom at the same time. The quality of education suffers. It’s really not fair to the students or the teachers, whether they’re at home or remote or in school. Section 98 mandates that our teachers do exactly this going forward—the same teacher must teach both in-person and remote students either at the same time or that teacher must put in double hours to be able to reach all those kids. It also mandates that the teacher be in-person in the school teaching, even if we have another wave, we have a variant, or we have some other emergency, the teacher must be in-person even there are no students in the school. Section 98 also makes it clear that a school district is responsible to provide equitable internet access to all the students who are remote. I love that idea. Having worked in this space and trying to work with folks here in Michigan to make sure we can do that, I’m excited to see the we’re planning to put in another $1 or $2 billion to be able to do that. I’m really looking forward to that and I’m excited about that opportunity to work on that.

I have seen the sacrifices that our teachers have made firsthand over this year. I hope you all had the opportunity to visit some of the classrooms where teachers are talking to 10 kids in the room, 15 kids in the room, maybe the same number coming in remotely, valiantly, just trying to manage this. I’m actually seeing teachers who are working 12 hours per day because that’s the only way they can take the time to try to provide a quality education to those kids is to go work after hours, after their in-person classes, to reach out to those kids online. I’m also seeing teachers in my Pontiac schools who are coming in voluntarily on Saturdays to help tutor kids who need extra help, online or in-person. After a year of asking our teachers to work like this, in almost impossible circumstances, we should be celebrating and thanking them, but we’re not. Instead, we’re tying them to their desks and demanding they continue to try to provide a quality education to all their students under almost impossible circumstances. Requiring our students to—allow our districts to allow remote attendance, providing equitable internet access without the funding to do this, we have to recognize that this is a very diverse state. Not all school districts are the same. Really, the same actions don’t fit into every district.

We should not be demanding teachers somehow do twice the work every day with the same quality of instruction that they want to provide. It’s just not possible. We are accustomed now to our teachers being heroes. Is it fair for us to expect them to continue this sacrifice forever? I say “no.” Let’s find the funding to add a second teacher. Let’s find another way. Let’s pay for internet access—all these things.

Senator Schmidt’s first statement is as follows:

I appreciate my colleague from the 12th District’s passion on this issue. We will continue to work on it. The intent of section 98b is to return to as close as possible pre-pandemic life for students and parents while not punishing school districts in the event that parents wish to keep their children at home or a state or local health order forces the school to be closed. We are attempting to give parents as much say as possible in the decision-making process for the education of their children. We will continue to work on this, but I would encourage my colleagues to please vote “no.”

Senator Polehanki’s statement is as follows:

Because of the pandemic, K-12 school districts have seen enormous fluctuations in student counts and as a result they are craving stability and certainty for the near future. Simply stated, my amendment would provide this stability without punishing growing districts. This is what school districts have asked for and this is what we should give to them. I ask that my colleagues support my amendment.

Senator Schmidt’s second statement is as follows:

Thank you to my colleague from the 7th District for her support of this and passion concerning this issue, but we have increased the foundation allowance to give districts more flexibility as well as use the funds for a $20 million increase in mental health. We have also gone back to a 90 percent fall, 10 percent last spring pupil count which will help those districts that have lost students in the past year, and so I’d urge my colleagues to please vote “no” on this amendment.

Senate Bill No. 81, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Senator Hollier offered the following amendment:

1. Amend page 2, line 20, after “24.0” by striking out “5,021,700” and inserting “5,626,700” and adjusting the subtotals, totals, and section 201 accordingly.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 168 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator Chang offered the following amendments:

1. Amend page 2, line 26, after “office—FTEs” by striking out “63.0” and inserting “64.0”.

2. Amend page 2, line 26, after “63.0” by striking out “11,331,000” and inserting “11,656,700” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 169 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 170 Yeas—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Nays—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused—0

Not Voting—0

In The Chair: President

Senators Hollier, Bizon and Chang asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hollier’s statement is as follows:

My amendment provides for $605,000 to support implementation of recent changes to our expungement law. As you remember we talked a little bit earlier about the clean slate— it’s really important that we have the resources and also that as a state we invest in people having an opportunity to clear their record, because that’s going to be the most important part of them being able to get back into the workforce and move on from their life after they’ve served their time. I was really excited about the bipartisan work that we did earlier this year and continue to do and I look forward to getting this in the budget now.

Senator Bizon’s first statement is as follows:

Last year we appropriated $24 million to fully fund this initiative. This should be a transfer of funds as opposed to additional General Fund funds. I would urge my colleagues to vote “no” on this amendment.

Senator Chang’s statement is as follows:

This amendment would fund the Governor’s recommendation to support the work of the Joint Task Force on Jail and Pretrial Incarceration. These funds would be used to collect and analyze pretrial data, identify jurisdictions with higher pretrial incarceration rates, and provide technical assistance for assessing pretrial risk and supervising defendants. It would also allow staff to conduct judicial trainings on pretrial best practices and constitutional compliance. I ask for support for my amendment.

Senator Bizon’s second statement is as follows:

This is a project that we have been working on for the past year. It was initially scheduled as a pilot program and as of yet I have not received the reports that were due from this program as to whether or not to make a decision as to whether or not to move forward with it. At this time money is not available in the current budget although we will be continuing to watch this program and we’ll continue discussions with my colleague across the aisle. For the time being, I urge my colleagues to vote “no” on this amendment.

Senate Bill No. 92, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Senator Bayer offered the following amendment:

1. Amend page 35, following line 22, by inserting:

“Sec. 736. From the funds appropriated in part 1, up to $10,000,000.00 shall be used for a rail freight development project that supports the delivery, storage, and distribution of propane in the Upper Peninsula.”.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 171 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 172 Yeas—19

Barrett Horn Outman Theis

Bayer Lauwers Runestad VanderWall

Bizon MacDonald Schmidt Victory

Bumstead McBroom Shirkey Zorn

Daley Nesbitt Stamas

Nays—17

Alexander Geiss Johnson Moss

Ananich Hertel LaSata Polehanki

Brinks Hollier McCann Santana

Bullock Irwin McMorrow Wojno

Chang

Excused—0

Not Voting—0

In The Chair: President

Senator Lauwers moved to reconsider the vote by which the bill was passed.

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

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 173 Yeas—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Nays—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused—0

Not Voting—0

In The Chair: President

Senators Bayer and McBroom asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bayer’s statement is as follows:

Our energy supply is critical infrastructure as evidenced by the cyberattack on the oil pipeline on the East Coast. A lack of cybersecurity and no backup plan is wreaking havoc. Our Upper Peninsula has families whose energy supply depends entirely on one aging pipeline well past its life expectancy and has experienced hundreds of leaks up and down its travels from Canada through Michigan to Canada. While there is available capacity in the mitten part of the state to handle the small amount of oil from there that comes down here, there is no backup plan in place for Michigan families in the Upper Peninsula. This amendment would add the full $10 million recommended by the Governor to begin U.P. rail work to provide a reliable, safe, and energy-efficient alternative and backup plan for those families to be able to get propane, to get that critical energy source. I know right now that there’s another alternative—that we could put up trucks within a few months—that might be the right thing to do in the short term, but for the long term, a better alternative, a backup plan, would be an efficient, sufficient, and effective environmental impact improvements offering the most long-term and well-paying jobs to our citizens in Michigan of any of the options is this rail improvement in the Upper Peninsula. I hope you will open-mindedly consider approving my amendment.

Senator McBroom’s statement is as follows:

It’s probably a little unusual for a Senator to stand up and say, Please don’t send money to my district this way, but I’m going to say that because this money is ridiculous. There’s no plan, nobody’s communicated with the railroad company, nobody’s analyzed whether this is the right amount of money, or whether it will do the job that we need it to do. Meanwhile, why are we doing this? Some sort of gimmick. While we propose closing down the line today altogether that supplies the energy that my colleague just spoke about is so necessary and essential and is there—we don’t have to spend money on it, we have a plan in place to make a better transportation system than ever, more secure than ever, and instead we’re just going to destroy all of that and then drop $10 million on building a rail spur in the Upper Peninsula. I have a lot of things in the U.P. if you want to send $10 million to the U.P. for—I’ve got plenty of places that need it. This isn’t one of them. This is spending money on a crisis that we have created ourselves, not most of us but a few people, have created for us. Before we plunge headlong into this crisis that begins today and propose spending $10 million here and millions over here and a million more over there because we’re going to have to help pay people to buy propane early. We’re going to have to help pay to build more storage, millions of gallons of storage. We’re going to have to pay for more rail cars because we don’t have enough. We’re going to have to build more track than one little siding to one plant in Rapid River because you can’t pass this many rail cars by each other every day on the tracks we have available. This $10 million is just plain ludicrous. Its an insult to the people of the Upper Peninsula and I’m ashamed that our Governor proposed it in the first place. I’m a little annoyed that nobody even came and talked to me about it as the only person who lives there in this chamber. I ask for you to vote “no” on this amendment, and I ask it emphatically.

Recess

Senator Lauwers moved that the Senate recess until 1:45 p.m.

The motion prevailed, the time being 12:48 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Gilchrist.

Recess

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

The motion prevailed, the time being 1:48 p.m.

1:59 p.m.

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator VanderWall offered the following resolution:

Senate Resolution No. 51.

A resolution to observe May 16-22, 2021, as Emergency Medical Services (EMS) Week.

Whereas, Emergency medical services personnel have provided a vital public service on the front lines of a global pandemic; and

Whereas, EMS providers have gone above and beyond to adapt during the COVID-19 healthcare crisis, putting their own health and safety at risk to care for their communities; and

Whereas, Access to quality emergency care dramatically improves the survival and recovery rate of individuals experiencing sudden illness or injury; and

Whereas, EMS providers stand ready to provide lifesaving healthcare to Michigan residents 24 hours a day, 7 days a week; and

Whereas, EMS personnel continue to enhance their lifesaving skills through thousands of hours of specialized training and continuing education; and

Whereas, EMS workers fill critical healthcare gaps by providing important out-of-hospital care, including preventative medicine, follow-up care, and access to telemedicine; and

Whereas, Attention must be given to the value and accomplishments of EMS agencies and providers who work around the clock in any type of emergency, dedicating their lives to save others; now, therefore, be it

Resolved by the Senate, That the members of this legislative body observe May 16-21, 2021, as Emergency Medical Services (EMS) Week; and be it further

Resolved, That we encourage Michiganders to recognize all of the contributions made by EMS providers to the continued health, safety, and well-being of the people in our state.

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 question being on the adoption of the resolution,

Senator Lauwers moved that the resolution be referred to the Committee on Health Policy and Human Services.

The motion prevailed.

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 President, Lieutenant Governor Gilchrist, designated Senator Bullock as Chairperson.

Senate Bill No. 90, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

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.

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 bill, now on Third Reading of Bills, be placed on its immediate passage:

Senate Bill No. 90

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Lauwers moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 90

The motion prevailed.

Senate Bill No. 90, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

Senator McCann offered the following amendments:

1. Amend page 9, line 22, after “positions” by striking out “62.7” and inserting “62.9”.

2. Amend page 9, line 25, after “positions” by striking out “175.4” and inserting “176.6”.

3. Amend page 9, line 26, after “positions” by striking out “718.1” and inserting “725.5” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

The yeas and nays were ordered, 1/5 of the members present voting therefor.

Roll Call No. 174 Yeas—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Nays—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Excused—0

Not Voting—0

In The Chair: President

Senator McBroom offered the following amendment:

1. Amend page 24, following line 16, by inserting:

“Sec. 224. From the amount appropriated in part 1 for unclassified salaries, the department shall be responsible for reimbursement of legal fees related to the State’s actions to revoke and terminate the 1953 easement authorization for use of state-owed bottomlands in the Mackinac Straits if such legal actions are unsuccessful.”.

The amendment was adopted, a majority of the members serving voting therefor.

Senator Horn requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 175 Yeas—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Nays—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused—0

Not Voting—0

In The Chair: President

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 176 Yeas—20

Barrett Johnson Nesbitt Stamas

Bizon LaSata Outman Theis

Bumstead Lauwers Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn McBroom Shirkey Zorn

Nays—16

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused—0

Not Voting—0

In The Chair: President