Senate Bill No. 687, entitled

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

Roll Call No. 388 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: Nesbitt

Senate Bill No. 688, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65, and by adding sections 279 and 679.

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

Roll Call No. 389 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: Nesbitt

Senator Polehanki’s statement, in which Senators McMorrow, Santana, Bullock, McCann, Wojno, Alexander, Geiss, Hertel, Bayer, Moss, Chang, Ananich, Hollier and Brinks concurred, is as follows:

Protests

Senators Polehanki, McMorrow, Santana, Bullock, McCann, Wojno, Alexander, Geiss, Hertel, Bayer, Moss, Chang, Ananich, Hollier and Brinks under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 687 and 688.

Senator Polehanki moved that the statement she made during the discussion of Senate Bill No. 687 be printed as her reasons for voting “no.”

The motion prevailed.

Very simply, these bills are voucher schemes that have been shamelessly introduced during a pandemic that would send Michigan taxpayer dollars mainly to private and religious schools, while giving generous tax benefits to wealthy donors. If these bills pass, it’s estimated by the Senate Fiscal Agency that there would be a billion dollar loss to the General Fund by the fifth year of the program. That is a billion, with a B. In a committee hearing on these bills this morning, my colleagues from across the aisle who sponsored these bills were unable to answer what they would cut in the budget to make up for a billion dollar revenue loss. All in order to provide tax cuts to private citizens.

Most importantly though, Mr. President, these bills are blatantly unconstitutional. The Michigan Constitution is crystal clear on the subject of using public money for private or religious education. Article VIII, Section 2 states, and I quote, “[t]he legislature shall maintain and support a system of free public elementary and secondary schools”, and “[n]o payment, credit, tax benefit, exemption or deductions, tuition voucher, subsidy, grant or loan of public monies…shall be provided, directly or indirectly, to support the attendance of any student…at any…nonpublic school.”

More than once, Michigan voters have made it abundantly clear that they do not support vouchers in Michigan. These bills should be rejected.

By unanimous consent the Senate returned to the order of

Messages from the Governor

The following message from the Governor was received:

Date: October 14, 2021

Time: 8:47 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 128 (Public Act No. 90), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 14 (MCL 257.14), as amended by 2012 PA 498.

(Filed with the Secretary of State on October 15, 2021, at 2:05 p.m.)

Respectfully,

Gretchen Whitmer

Governor

The following message from the Governor was received on October 14, 2021, and read:

EXECUTIVE ORDER

No. 2021-14

Department of Health and Human Services

Executive Reorganization

Michigan’s population is rapidly aging. Already, residents 50 and older make up 37 percent of the state’s population. By 2025 – 10 years ahead of the national projection – Michigan residents 65 and older will outnumber those younger than 18.

Active aging is a life-long process and state government has an important role to play in ensuring that Michigan is a leader among states in healthy and active aging for all. Our Department of Health and Human Services plays a critical role ensuring that services to the aging are delivered holistically and effectively. However, these services are currently divided between multiple agencies within MDHHS, including the Medical Services Administration and the Aging and Adult Services Agency. Bringing these services together under the umbrella of the newly established Health and Aging Services Administration will strengthen the continuum of support and services by improving collaboration and efficiency among programs serving an aging population.

Governor Milliken recognized the importance of having an effective and visible advocate for aging and older persons in all government decisions when he signed the Older Michiganians Act, 1981 PA 180, creating the Commission on Services to the Aging. This order maintains the independence of the Commission, while elevating the voices of the aging community to the highest levels of the Department. Going forward, in addition to its responsibilities developing the state plan on aging, the Commission will advise the Director on how to best support an aging population in developing and implementing the Department’s strategic priorities.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 2 of article 5 of the Michigan Constitution of 1963 empowers the governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the governor considers necessary for efficient administration.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. The Commission on Services to the Aging is transferred to the Department.

(a) The Commission on Services to the Aging is transferred by Type I transfer from the Aging and Adult Services Agency to the Department.

(b) The Commission on Services to the Aging must be an effective and visible advocate for aging and older persons and will report to the Director or the Director’s designee.

2. Transfer of the Adult Community Placement program to the Department.

(a) The Adult Community Placement program, including all its authority, powers, duties, functions, and responsibilities established by the Social Welfare Act, 1939 PA 280, MCL 400.14, is transferred by Type II transfer from the Aging and Adult Services Agency to the Department.

3. Creation of the Health and Aging Services Administration.

(a) The Health and Aging Services Administration is created within the Department.

(b) All authority, powers, duties, functions, and responsibilities of the Medical Services Administration are transferred by Type II transfer to the Health and Aging Services Administration.

(c) Except as otherwise provided in section 2, all authority, powers, duties, functions, and responsibilities of the Aging and Adult Services Agency are transferred by Type II transfer to the Health and Aging Services Administration.

(d) All authority, powers, duties, functions, and responsibilities vested in the chief executive of the Medical Services Administration are transferred to the chief executive of the Health and Aging Services Administration.

(e) All authority, powers, duties, functions, and responsibilities vested in the executive director of the Aging and Adult Services Agency are transferred to the chief executive of the Health and Aging Services Administration.

(f) The Medical Services Administration and the Aging and Adult Services Agency are abolished.

(g) The position of chief executive of the Medical Services Administration is abolished.

(h) The position of executive director of the Aging and Adult Services Agency is abolished.

4. Definitions.

(a) As used in this order:

(1) “Aging and Adult Services Agency” means the agency established by section V of Executive Reorganization Order 2015-1, MCL 400.227.

(2) “The Commission on Services to the Aging” means the commission established by Section 3 of 1981 PA 180, MCL 400.583.

(3) “Department” means the Department of Health and Human Services, a principal department of state government established by Executive Reorganization Order 2015-4.

(4) “Director” means the Director of the Department of Health and Human Services, described in section II of Executive Reorganization Order 2015-4.

(5) “Medical Services Administration” means the agency transferred to the former Department of Community Health by section 1(B)(1) of Executive Reorganization Order 1996-1, MCL 330.3101, and subsequently redesignated as a Type II agency by section I(1) of Executive Reorganization Order 1997-4, MCL 333.26324.

(6) “Type I transfer” means that phrase as defined by Section 3 of the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.

(7) “Type II transfer” means that phrase as defined by Section 3 of the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.

5. Implementation.

(a) The Director shall provide executive direction and supervision for the implementation of this order.

(b) State departments, agencies, and state officers shall fully and actively cooperate with and assist the Director. The Director may request the assistance of other state departments, agencies, and officers with respect to personnel, budgeting, procurement, telecommunications, information systems, legal services, and other management-related functions, and the departments, agencies, and officers shall provide that assistance.

(c) The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in this state’s financial management system necessary to implement this order.

(d) A rule, regulation, order, contract, or agreement relating to a function or responsibility transferred under this order lawfully adopted before the effective date of this order will continue to be effective until revised, amended, repealed, or rescinded.

(e) This order does not abate any criminal action commenced by this state before the effective date of this order.

(f) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.

(g) If any portion of this order is found to be unenforceable, the unenforceable provision should be disregarded, and the rest of the order should remain in effect as issued.

(h) Consistent with section 2 of article 5 of the Michigan Constitution of 1963, this order is effective December 14 at 12:01 a.m.

Given under my hand and the Great Seal of the State of Michigan.

Date: October 14, 2021

Time: 11:00 a.m.

Gretchen Whitmer

[SEAL] Governor

By the Governor:

Jocelyn Benson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

October 15, 2021

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17903:

Michigan Athletic Trainers Board

Dr. Abdelrahim Asfour of 1511 Beaver Street, Dearborn, Michigan 48128, county of Wayne, succeeding Felix Valbuena, Jr. whose term has expired, appointed to represent physicians licensed under part 170 or 175, for a term commencing October 15, 2021 and expiring June 30, 2025.

October 15, 2021

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 186 of 1973, MCL 205.721 and 205.722:

Michigan Tax Tribunal

Mr. Jason C. Grinnell of 946 Ogden Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Preeti Gadola whose term has expired, appointed to represent attorneys, for a term commencing November 1, 2021 and expiring June 30, 2025.

Respectfully,

Gretchen Whitmer

Governor

The appointments were referred to the Committee on Advice and Consent.

The following message from the Governor was received and read:

ELECTIONS: COUNTY CLERKS TO UPDATE THE QUALIFIED VOTER FILE; REQUIRE ELECTRONIC NOTIFICATION TO CITY AND TOWNSHIP CLERKS OF CANCELED VOTER REGISTRATION RECORDS, AND REQUIRE THE SECRETARY OF STATE TO POST DATA ON THE DEPARTMENT’S WEBSITE REGARDING CANCELED VOTER REGISTRATION RECORDS

ELECTIONS: INITIATIVE AND REFERENDUM; TIME FRAME FOR THE BOARD OF STATE

CANVASSERS TO COMPLETE THE CANVASS OF AN INITIATIVE PETITION

October 15, 2021

Today I am returning two election-related bills to you without approval.

Every citizen of Michigan has the constitutionally-guaranteed right to vote and deserves to exercise that right in safe and secure elections.

Enrolled Senate Bills 277 and 280 are the latest in a series of election bills arriving on my desk that fail to advance those goals. Instead, these bills would divert key resources away from ensuring that every qualified Michigan resident can cast a secure ballot in our elections. SB 277 in particular disregards the state’s successful process for maintaining the Qualified Voter File by adding burdensome requirements that would distract from core election administration responsibilities.

Nevertheless, I would be proud to sign common sense election reforms that would strengthen our democracy, including bills:

• improving military families access to the ballot by allowing active-duty Michiganders and spouses serving overseas to vote electronically,

• removing barriers to voting absentee by establishing a permanent absent voter list, and,

• expediting election returns by allowing sufficient time for preprocessing of absentee ballots.

I would also be willing to sign targeted legislation that allows county clerks to flag deceased voters based on death records in the fifteen days prior to an election – the only time period where Social Security records may be insufficient to timely update the Qualified Voter File based on recent deaths.

As always, I stand ready to join hands with anyone who shares these important goals.

Sincerely,

Gretchen Whitmer

Governor

These bills were returned from the Governor on October 15, 2021, at 2:19 p.m.

The question being on the passage of the bills, the objections of the Governor to the contrary notwithstanding.

Senator Lauwers moved that consideration of the bills be postponed for today.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senate Bill No. 25, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Senator Lauwers moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 303, entitled

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 495, 523, 759, 759a, 759b, 761, 764b, 813, and 829 (MCL 168.495, 168.523, 168.759, 168.759a, 168.759b, 168.761, 168.764b, 168.813, and 168.829), sections 495, 813, and 829 as amended by 2018 PA 603, section 523 as amended by 2018 PA 129, sections 759 and 761 as amended by 2020 PA 302, section 759a as amended by 2012 PA 523, and section 764b as amended by 2018 PA 120, and by adding sections 760a and 946.

The House of Representatives has concurred in the Senate substitute (S-3) to the House substitute (H-1) and agreed to the full title as amended.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 304, entitled

The House of Representatives has concurred in the Senate substitute (S-3) to the House substitute (H-1) and agreed to the full title as amended.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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:

House Bill No. 4637

The motion prevailed.

House Bill No. 4637, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 2a.

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

Roll Call No. 390 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: Nesbitt

House Bill No. 4066, entitled

A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, storage, sale, transfer, purchase, gift, devise, licensing, registration, manufacturing, or use of knives or components of knives.

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

Roll Call No. 391 Yeas—25

Alexander Geiss MacDonald Shirkey

Ananich Hollier McBroom Stamas

Barrett Horn Nesbitt Theis

Bizon Johnson Outman VanderWall

Bullock LaSata Runestad Victory

Bumstead Lauwers Schmidt Zorn

Daley

Nays—11

Bayer Hertel McMorrow Santana

Brinks Irwin Moss Wojno

Chang McCann Polehanki

Excused—0

Not Voting—0

In The Chair: Nesbitt