No. 95

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2021

 

 

 

 

 

Senate Chamber, Lansing, Thursday, December 2, 2021.

 

10:00 a.m.

 

 

The Senate was called to order by the President pro tempore, Senator Aric Nesbitt.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

Alexander用resent Horn用resent Polehanki用resent

Ananich用resent Huizenga用resent Runestad用resent

Barrett用resent Irwin用resent Santana用resent

Bayer用resent Johnson用resent Schmidt用resent

Bizon用resent LaSata用resent Shirkey用resent

Brinks用resent Lauwers容xcused Stamas用resent

Bullock容xcused MacDonald容xcused Theis用resent

Bumstead用resent McBroom用resent VanderWall用resent

Chang用resent McCann用resent Victory用resent

Daley用resent McMorrow用resent Wojno用resent

Geiss容xcused Moss用resent Wozniak用resent

Hertel用resent Nesbitt用resent Zorn用resent

Hollier用resent Outman用resent


 

Senator Lana Theis of the 22nd District offered the following invocation:

Lord, these are unusual times. We need You to speak to our hearts and to make clear Your will in this chamber. This week has been life-changing in horrific ways for some Michigan citizens; for them, life will never be the same. Our thoughts and prayers go out to the families of those who were lost and to those who were injured. We pray they experience a peace and comfort beyond all understanding. Psalms tells us, 典he Lord is near to the brokenhearted And saves those who are crushed in spirit. Matthew tells us, 釘lessed are they who mourn, for they will be comforted.

As this past year and a half has caused us to experience trials and tribulations we致e never expected, our families and especially our children need You, Lord. They need Your healing. Please help all of us to look around and also see the gifts we used to take for granted every day, and now to be grateful.

Help us as a legislative body to seek Your will in determining what is best for the citizens of Michigan. May we represent You well in all that we do. Amen.

 

The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator LaSata moved that Senators Lauwers and MacDonald be excused from today痴 session.

The motion prevailed.

 

 

The following communication was received:

Office of Senator Stephanie Chang

December 1, 2021

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bill 763 which was introduced on December 1, 2021 and was referred to the Senate Committee on Judiciary and Public Safety.

Sincerely,

Stephanie Chang

State Senator, District 1

Minority Floor Leader

The communication was referred to the Secretary for record.

 

Senator Zorn entered the Senate Chamber.

 

Senator Chang moved that Senators Hollier, Santana and Ananich be temporarily excused from today痴 session.

The motion prevailed.

 

Senator Chang moved that Senators Geiss and Bullock be excused from today痴 session.

The motion prevailed.

 

 

Senator LaSata moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 728

Senate Bill No. 565

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

 

Senator Santana entered the Senate Chamber.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:05 a.m.

10:38 a.m.

 

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

 

During the recess, Senators Hollier and Ananich entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Schmidt and Victory introduced

Senate Bill No. 765, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 224 (MCL 257.224), as amended by 2018 PA 656.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senators Brinks, Huizenga, Nesbitt, Polehanki and McCann introduced

Senate Bill No. 766, entitled

A bill to amend 1961 PA 236, entitled 迭evised judicature act of 1961, by amending section 803 (MCL 600.803), as amended by 2012 PA 36.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Geiss introduced

Senate Bill No. 767, entitled

A bill to amend 1993 PA 354, entitled 迭ailroad code of 1993, (MCL 462.101 to 462.451) by adding section 352.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senators Nesbitt, Shirkey, Bumstead, Runestad, Barrett, LaSata, Victory, Zorn, Horn, Theis, Outman, VanderWall, Daley, Lauwers, Wozniak and Bizon introduced

Senate Bill No. 768, entitled

A bill to amend 1967 PA 281, entitled 的ncome tax act of 1967, by amending sections 51 and 623 (MCL 206.51 and 206.623), section 51 as amended by 2020 PA 75 and section 623 as amended by 2014 PA 13, and by adding section 254.

The bill was read a first and second time by title and referred to the Committee on Finance.

 

 

Senator LaSata introduced

Senate Bill No. 769, entitled

A bill to amend 2000 PA 489, entitled 溺ichigan trust fund act, by amending section 2 (MCL 12.252), as amended by 2020 PA 359, and by adding section 4.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator VanderWall introduced

Senate Bill No. 770, entitled

A bill to amend 1984 PA 270, entitled 溺ichigan strategic fund act, by amending section 9 (MCL 125.2009), as amended by 2017 PA 109, and by adding section 88t.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Victory introduced

Senate Bill No. 771, entitled

A bill to amend 1984 PA 270, entitled 溺ichigan strategic fund act, by amending section 9 (MCL 125.2009), as amended by 2017 PA 109, and by adding section 88s.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

House Bill No. 5190, entitled

A bill to amend 1976 PA 451, entitled 典he revised school code, by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a as amended by 2020 PA 158 and section 1278b as amended by 2018 PA 230.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.

 

 

House Bill No. 5261, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 9145 (MCL 333.9145), as added by 2018 PA 554.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

House Bill No. 5262, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406y.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

House Bill No. 5263, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406x.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

House Bill No. 5264, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, (MCL 333.1101 to 333.25211) by adding section 21535.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

House Bill No. 5327, entitled

A bill to amend 2001 PA 142, entitled 溺ichigan memorial highway act, by amending section 67 (MCL 250.1067), as added by 2003 PA 195.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

By unanimous consent the Senate returned to the order of

Resolutions

 

 

Senate Concurrent Resolution No. 22.

A concurrent resolution offered as a memorial for Shirley Johnson, former member of the House of Representatives and the Senate.

(For text of resolution, see Senate Journal No. 94, p. 1926.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

Senator LaSata 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 pro tempore, Senator Nesbitt, designated Senator VanderWall as Chairperson.

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

Senate Bill No. 728, entitled

A bill to amend 1976 PA 267, entitled 徹pen meetings act, by amending section 8 (MCL 15.268), as amended by 2021 PA 31.

The bill 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. 273, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, (MCL 168.1 to 168.992) by adding section 761e; and to repeal acts and parts of acts.

Substitute (S-1).

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

 

 

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

Senate Bill No. 278, entitled

A bill to amend 1954 PA 116, entitled 溺ichigan election law, by amending section 761d (MCL 168.761d), as added by 2020 PA 177.

Substitute (S-1).

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

 

 

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

Senate Bill No. 565, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

Substitute (S-2).

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

1. Amend page 2, line 6, after 途evenues by striking out 2,370,000,200 and inserting 2,355,000,200.

2. Amend page 2, line 11, after $ by striking out 680,000,000 and inserting 695,000,000.

3. Amend page 3, line 16, after 途evenues by striking out 2,345,000,200 and inserting 2,330,000,200.

4. Amend page 3, line 21, after $ by striking out 680,000,000 and inserting 695,000,000.

5. Amend page 4, line 20, after 吐und by striking out 945,000,200 and inserting 930,000,200.

6. Amend page 4, line 24, after $ by striking out 680,000,000 and inserting 695,000,000.

7. Amend page 5, line 4, by striking out $970,000,000.00 and inserting $985,000,000.00.

8. Amend page 9, line 5, after 406. by striking out (1).

9. Amend page 9, line 8, by striking out all of subsection (2).

10. Amend page 9, line 17, after 都hall by striking out 殿nnually.

11. Amend page 12, line 19, after the first 殿 by striking out 田ity and inserting 田ounty.

12. Amend page 12, line 20, after 澱etween by striking out 38,400 and 38,500 and inserting 172,000 and 172,500.

and adjusting the subtotals, totals, and section 201 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.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator LaSata moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 728

Senate Bill No. 565

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

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Senator LaSata moved that the Senate proceed to consideration of the following bills:

Senate Bill No. 99

Senate Bill No. 452

House Bill No. 4521

Senate Bill No. 728

Senate Bill No. 565

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 99, entitled

A bill to amend 2008 PA 549, entitled 溺ichigan promise zone authority act, by amending section 3 (MCL 390.1663), as amended by 2020 PA 330.

The question being on the passage of the bill,

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

 

 

Roll Call No. 457 Yeas32

 

 

Alexander Daley McCann Shirkey

Ananich Hertel McMorrow Stamas

Barrett Hollier Moss Theis

Bayer Horn Nesbitt VanderWall

Bizon Huizenga Outman Victory

Brinks Irwin Polehanki Wojno

Bumstead LaSata Santana Wozniak

Chang McBroom Schmidt Zorn

 

 

Nays2

 

 

Johnson Runestad

 

 

Excused4

 

 

Bullock Geiss Lauwers MacDonald

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Bayer痴 statement is as follows:

The promise zones葉his bill addresses the promise zones, and I知 sure you池e all familiar with that預re proven to carve a path to a different kind of success for kids. Some of these are in our poorest communities around the state. Even with free tuition and fees and books, some kids struggle to get through college, to get to the point where they have a degree, and really are launched on that new path because of different and difficult circumstances where they live. Some of these kids live in the most stressed and even dangerous environments, some of them live in apartments洋aybe with eight, ten other people all crammed into a small space耀ome of them then also have to take care of their young siblings while they try to do homework, while they try to study. Some are actually homeless.

The data show that living on campus improves graduation rates, so particularly for these kids, this bill doesn稚 cost us any extra money, and all it does is allow the local promise zone authority to decide whether or not they want to use some of their money that they have溶o more money from us葉o include payments for on-campus housing to help those kids to actually graduate. That痴 all it does. I really hope you will all vote with me 土es on Senate Bill No. 99.

 

 

The following bill was read a third time:

Senate Bill No. 452, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 232 (MCL 257.232), as amended by 2019 PA 88.

The question being on the passage of the bill,

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

 

 

Roll Call No. 458 Yeas20

 

 

Barrett Huizenga Outman Theis

Bizon Johnson Runestad VanderWall

Bumstead LaSata Schmidt Victory

Daley McBroom Shirkey Wozniak

Horn Nesbitt Stamas Zorn

 

 

Nays14

 

 

Alexander Chang McCann Polehanki

Ananich Hertel McMorrow Santana

Bayer Hollier Moss Wojno

Brinks Irwin

 

 

Excused4

 

 

Bullock Geiss Lauwers MacDonald

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4521, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 9123 (MCL 333.9123), as added by 1988 PA 487.

The question being on the passage of the bill,

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

 

 

Roll Call No. 459 Yeas34

 

 

Alexander Hertel McMorrow Shirkey

Ananich Hollier Moss Stamas

Barrett Horn Nesbitt Theis

Bayer Huizenga Outman VanderWall

Bizon Irwin Polehanki Victory

Brinks Johnson Runestad Wojno

Bumstead LaSata Santana Wozniak

Chang McBroom Schmidt Zorn

Daley McCann

 

 

Nays0

 

 

Excused4

 

 

Bullock Geiss Lauwers MacDonald

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

鄭n act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 728, entitled

A bill to amend 1976 PA 267, entitled 徹pen meetings act, by amending section 8 (MCL 15.268), as amended by 2021 PA 31.

The question being on the passage of the bill,

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

 

 

Roll Call No. 460 Yeas34

 

 

Alexander Hertel McMorrow Shirkey

Ananich Hollier Moss Stamas

Barrett Horn Nesbitt Theis

Bayer Huizenga Outman VanderWall

Bizon Irwin Polehanki Victory

Brinks Johnson Runestad Wojno

Bumstead LaSata Santana Wozniak

Chang McBroom Schmidt Zorn

Daley McCann

 

 

Nays0

 

 

Excused4

 

 

Bullock Geiss Lauwers MacDonald

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Ananich痴 statement is as follows:

I want to briefly comment on why I will be voting 土es. The Commission痴 counsel has put forth a legal opinion that we believe needs to be addressed. We simply want to get it cleared up to maximize transparency. That being said, let me assure you that the Independent Citizens Redistricting Commission痴 worst day is still a million times better for the people of Michigan than the best day of the old system, where Republicans drew the map in secret. Zero public hearings, zero public input.

I was there ten years ago when these things happened behind closed doors. People I know met in secrecy and tried to buy off politicians with a promise of a better district. So any questions that need to be addressed with this Commission in its first year pale in comparison to how the majority used to lock up its own power.

Thank you, again I ask for all of us to vote 土es on this.

 

 

The following bill was read a third time:

Senate Bill No. 565, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

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

 

 

Roll Call No. 461 Yeas34

 

 

Alexander Hertel McMorrow Shirkey

Ananich Hollier Moss Stamas

Barrett Horn Nesbitt Theis

Bayer Huizenga Outman VanderWall

Bizon Irwin Polehanki Victory

Brinks Johnson Runestad Wojno

Bumstead LaSata Santana Wozniak

Chang McBroom Schmidt Zorn

Daley McCann

 

 

Nays0

 

 

Excused4

 

 

Bullock Geiss Lauwers MacDonald

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Bumstead痴 statement is as follows:

From lead in water to dams in critical condition and beyond, Michigan has serious water infrastructure needs that must be addressed to protect and enhance all of our communities across the state. Senate Bill No. 565 is a step towards ensuring our state water infrastructure undergoes transformational improvements that will benefit every Michigander for generations to come. This one-time funding of $3.3 billion will go to support replacing lead pipes across the state, upgrading local drinking water and wastewater facilities, installing filtered water stations inside schools, addressing the harmful impact of PFAS chemicals, repairing and removing and replacing dams, and investing in surface water monitoring, among others.

Colleagues, this is a historic opportunity and I urge you to support Senate Bill No. 565 so we can make major improvements to preserve and protect Michigan痴 water quality, infrastructure, and our natural resources.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 85, entitled

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

(This bill was returned from the House on Tuesday, May 25 with a House substitute (H-1) and immediate effect and was laid over under the rules. See Senate Journal No. 47, p. 797.)

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 462 Yeas0

 

 

Nays34

 

 

Alexander Hertel McMorrow Shirkey

Ananich Hollier Moss Stamas

Barrett Horn Nesbitt Theis

Bayer Huizenga Outman VanderWall

Bizon Irwin Polehanki Victory

Brinks Johnson Runestad Wojno

Bumstead LaSata Santana Wozniak

Chang McBroom Schmidt Zorn

Daley McCann

 

 

Excused4

 

 

Bullock Geiss Lauwers MacDonald

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

Senate Bill No. 103, entitled

A bill to provide for the rights of certain electric transmission line owners; to impose certain requirements on certain electric transmission line owners; and to provide for the powers and duties of certain state agencies.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Chang, Brinks, McMorrow, McBroom 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 Chang痴 statement is as follows:

Today I rise to support human dignity, bodily autonomy, and a person痴 right to make decisions about their own reproductive health. Yesterday, the United States Supreme Court heard arguments in Dobbs v. Jackson Women痴 Health Organization and Americans everywhere have been organizing and speaking up more than ever because they know reproductive freedom is at stake. Women from across the state and country have been courageously sharing their stories about getting an abortion. Each of these women have talked about how the decision was made by her and her doctor. That痴 how it should be預 decision between the person who is pregnant and their doctor.

For years, the majority party has been writing and passing increasingly restrictive legislation to impact or influence one痴 decision to get an abortion. Every legislative session in recent history has featured at least one bill seeking to limit or ban abortion, how they can be carried out, and by whom. Creative phrases and imagery as well as misinformation are used by various stakeholders to stoke fears and distrust of experts, medical institutions, and people who have been advising on abortions for decades. Folks, it痴 time to mind your own business. If abortion isn稚 for you, just don稚 have one. It痴 really that simple.

But you don稚 have to just take my word for it. Just read a survey by the Pew Research Center which found that a majority of Americans favor safe and legal abortions and are opposed to overturning Roe v. Wade. Banning safe, effective abortions is discriminatory and governmental overreach into tough personal medical decisions. It stands to enhance the gap between the privileged and less privileged in our communities. There are already significant gaps in health care and societal outcomes for people of color, low income individuals, and those who live in very rural areas who may have to drive hours to receive this care.

We have numerous bills in the Legislature that would help protect the health care freedoms of people who can get pregnant. We should be taking up legislation to repeal the 90-year-old law that would criminalize abortion and in addition we should take up the Reproductive Health Act which protects all individual decision-making in the area of reproductive health, including using or refusing birth control, deciding what type of birth control, and whether to give birth or have an abortion.

We will continue to stand up for those who can become pregnant to decide what is best for themselves and their families and I encourage others to do the same.

Senator Brinks statement is as follows:

Article IV, section 51 of the Michigan Constitution states, 典he public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. And throughout the worst pandemic in a century, Michigan痴 public health officials have been working tirelessly to carry out this constitutional duty. Despite considerable pressure to do otherwise, these men and women have used every tool available to them to protect the health and safety of all residents in our communities, but their efforts have largely gone unsung. Through education, mask mandates, quarantine protocols, vaccination clinics, and other public outreach and interventions, public health officials have saved countless lives. This brave work should be celebrated, not derided and not undermined. The ability of public institutions to face the challenges before us in an effective way has never been more vital.

However, like many public servants, the jobs of public health officials have become increasingly more difficult due to misinformation campaigns, and threats of physical harm to them and their families. This is why, today at my desk and throughout the rest of the week in my office, I will have a two-bill package available for co-sponsorship that would create increased penalties for anyone who threatens to assault or assaults a public health official. My bill mirrors an existing statute that protects child protective services workers, where it is a one-year misdemeanor to threaten physical harm, a two-year felony for assault, and a five-year felony for assault causing serious impairment.

What is sometimes lost in today痴 political rhetoric is that a functioning government, with supported public servants, is not only necessary to keep people safe, to keep schools open, and to keep children learning, but a functioning and effective government, and health departments in particular, is also necessary because it provides the critical services that make it possible for businesses to stay open and, consequently, for bills to be paid and for our economy to function.

In the last 21 months, the struggle to fight the virus while keeping our businesses, students, and families on track has exhausted our public servants and our medical community. Our county health departments and public health officers deserve our sincerest thanks and gratitude for the work that they have done in response to COVID-19, and it is imperative that we provide them better protection under the law because anyone who threatens a public health officer just for doing their job, threatens, as the Michigan Constitution states, 典he public health and general welfare of the people of the state [that] are declared to be matters of primary public concern. I welcome your co-sponsorship.

 

Senator McMorrow痴 statement is as follows:

Yesterday when asked by a reporter if the Legislature would take any action in the wake of the horrific school shooting in Oxford, the Senator from the 16th District said, 的f we get obsessed with eliminating all risks, we will then develop and evolve into a country we won稚 recognize. Last night I spoke with a group of Cub Scouts over Zoom and one child asked, How could a 15-year-old even get a gun? So I was going to wait on these remarks to help give the community space to grieve but in the wake of such callous remarks here in this body, remarks that imply that children killing children is simply the price that we pay in this country, I must rise today.

But is anyone in this room truly surprised? For three years I have stood up in this chamber year after year after year to introduce a resolution merely to recognize Gun Violence Awareness Month. And year after year after year not only has this resolution not been adopted, the majority hasn稚 even let us vote on it. Year after year after year I致e stood up here merely to ask that we as the Michigan Senate are aware of the issue of gun violence. Are we aware now? Is it close enough to home? Does it even matter?

I can tell you from personal experience what it feels like when a mass shooting impacts you, someone you love, takes someone you know, completely upends and devastates your friends, their families, and their lives, forever. It is a feeling that no one should share. But this morning countless friends, classmates, family members, teachers, staff, and community members now know that same feeling and they will know it forever.

I listened and I watched national news cover this story and the refrain that commonly started these reports, Another school shooting, this time in Michigan. Another. This time. Common language because we know謡e all know葉hat there will be a next one and the one after that and the one after that, that this is the country that we recognize today. And every time, we池e told that now is not the time to talk about policy change, now is not the time to push an agenda. Every time, it痴 not the time, for the past 22 years since Columbine. If not now, then when? Because this week, a child brought a gun to school and killed four other children.

Bridge magazine yesterday reported that this Legislature has blocked dozens of gun reform bills this year alone, including bills to create new criminal penalties for adults who fail to keep weapons out of the hands of minors. Would tougher laws have prevented this 15-year-old from getting access to his father痴 gun? I don稚 know. But I do know that doing nothing didn稚 stop this from happening, and if we continue to do nothing, then it will keep happening again and again and again. Another shooting. This time.

This is the only country in the world where this regularly happens. We are killing each other. Children are killing children. We live in a country where there are more guns than people, and any time anyone brings up any ideas to help stop gun violence and put safety measures in place, we hear outcries of, Freedom. We hear that it is a right, that it shall not be infringed, but what about the right to life, liberty, and the pursuit of happiness? Why are children痴 lives worth less than guns?

Because if I知 not mistaken, ever since the NRA changed course after Columbine by telling you that your rights are under attack and that someone is coming for your guns, has anyone ever come for your guns? Instead we致e seen record gun sales year after year after year, meaning there are more guns in our communities and that easy access to firearms has created a reality where children are killing children, and instead of addressing the root cause, we have been training children on drills to make themselves less likely to be killed.

Are you in this job to represent and protect the people you serve, or are you here to sell guns? We can稚 even recognize gun violence in this chamber. Wouldn稚 dare, right? So I知 not going to stand up here today and ask you to do something because you致e already made that choice. But if you池e not going to do anything, then get out of the way so that some of us can at the very least try.

 

Senator McBroom痴 statement, in which Senator VanderWall concurred, is as follows:

Mr. President, it痴 part of the human tragedy that death is with us. It痴 part of one of those axioms about one of things that is unavoidable and I think that to imply that anybody is valuing guns more than life is a ridiculous, reductive argument to the point of almost an inexplicable unkindness and insult. Tell us what you would like us to do. Tell us what it is that would solve these problems, because the problem is the human condition, bad people, sinful people, people who are willing to do violence.

We pass laws all the time to hinder and to hamper the evil around us, the murderous hearts of people, the thieving hearts, the lying tongues of people. That痴 why we pass laws. I am willing to support laws that will hamper those things from happening, but we also have to respect what it takes to have freedom, freedom of speech, freedom of religion, these things endanger people to some degree too. Freedom of the press, all of these things, all of these rights that we cherish and hold dear put us at risk at times of people taking those things to an extreme. Yet we carefully try to meter out those things, to balance those out, to make sure that we do protect life because the right to life is absolutely essential. I am having a very hard time today sitting through Statements listening to people get up and talk about life, and life, and life, ignoring the very fact that they池e also proposing the continuation of the destruction of life that could be stopped, that could be hindered.

The life of my brother, killed, blood everywhere; the life of one of my colleagues, snuffed out by murder. We are not unsympathetic to these things, how dare anybody imply that. Especially people who at the same time are celebrating the millions of lives snuffed out annually that痴 condoned by our current laws in this country. Those are lives too. What about their right to life? What about their freedoms? These are real people.

Our Constitution, as was quoted earlier, 典he public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. That is what that law is written for, because we care about those lives too and the lives of the parents, they matter and yet we callously and indifferently let them go while we stand up and pontificate about other life? Why is the life of these children who were killed a few days ago not comparable to the lives that are being killed in a clinic somewhere where we watched them sucked out and mashed into pieces without batting an eye.

 

Senator Polehanki痴 statement, in which Senator Moss concurred, is as follows:

I壇 like to respond to the comments from the Senator from the 38th District. I agree that there are murderous hearts out there. There are millions of kids who have mental health issues, but without easy access to guns they池e just people with murderous hearts and mental health issues that we can hope get helped.

There are fifty schools in Michigan today that are closed not just because of copycat threats, but because student anxiety is through the roof. These kids have had enough of our crap, they池e going to start demanding that we do something, and what can we do Senator? We have lots of bills that have been introduced傭ackground check bills, we池e going to have a magazine capacity bill, red-flag bills, and primarily safe storage bills葉hat could have, could have mitigated this whole tragedy.

So don稚 say, Mr. President, that there痴 no solutions. There are plenty of solutions, but where is the will of the majority party to do something? Our students are suffering today and we can稚 do nothing. We致e got to act.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 1:

House Bill Nos. 5190 5261 5262 5263 5264 5327

The Secretary announced that the following bills and resolution were printed and filed on Wednesday, December 1, and are available on the Michigan Legislature website:

Senate Bill Nos. 759 760 761 762 763 764

Senate Concurrent Resolution No. 22

House Bill Nos. 5586 5587 5588 5589 5590 5591 5592 5593

 

 

Committee Reports

 

 

The Committee on Transportation and Infrastructure reported

House Bill No. 4787, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 312f (MCL 257.312f), as amended by 2020 PA 304.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss and Hollier

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

House Bill No. 4861, entitled

A bill to amend 1990 PA 187, entitled 典he pupil transportation act, by amending section 53 (MCL 257.1853), as amended by 2010 PA 93.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss and Hollier

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

House Bill No. 5290, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 722 (MCL 257.722), as amended by 2018 PA 274.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Tom Barrett

Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, Victory, Outman, Lauwers, Wozniak, Geiss and Hollier

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Wednesday, December 1, 2021, at 12:00 noon, Room 1100, Binsfeld Office Building

Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers, Wozniak, Geiss and Hollier

Excused: Senator Bullock

The Committee on Appropriations reported

Senate Bill No. 565, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Jim Stamas

Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Outman, Runestad, Schmidt, Victory, Daley, Huizenga, Hertel, Bayer, Hollier, Irwin, McCann and Santana

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 753, entitled

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

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Jim Stamas

Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Outman, Runestad, Schmidt, Victory, Daley and Huizenga

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 755, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Jim Stamas

Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Outman, Runestad, Schmidt, Victory, Daley and Huizenga

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, December 1, 2021, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building.

Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, Outman, Runestad, Schmidt, Victory, Daley, Huizenga, Hertel, Bayer, Hollier, Irwin, McCann and Santana

Excused: Senator MacDonald

 

 

The Committee on Oversight reported

Senate Bill No. 728, entitled

A bill to amend 1976 PA 267, entitled 徹pen meetings act, by amending section 8 (MCL 15.268), as amended by 2021 PA 31.

With the recommendation that the bill pass.

Ed McBroom

Chairperson

To Report Out:

Yeas: Senators McBroom, Theis, Bizon and Wozniak

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Oversight submitted the following:

Meeting held on Thursday, December 2, 2021, at 9:00 a.m., Room 403, Capitol Building

Present: Senators McBroom (C), Theis, Bizon, Wozniak and Irwin

Excused: Senator Chang

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Natural Resources submitted the following:

Meeting held on Wednesday, December 1, 2021, at 9:00 a.m., Room 1300, Binsfeld Office Building

Present: Senators McBroom (C), Bumstead, Outman, Schmidt and McCann

 

 

Scheduled Meetings

 

 

Judiciary and Public Safety Tuesday, December 7, 8:00 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

 

Senator LaSata moved that the Senate adjourn.

The motion prevailed, the time being 11:50 a.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, December 7, 2021, at 10:00 a.m.

 

 

MARGARET O達RIEN

Secretary of the Senate