STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Tuesday, April 20, 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—present Hollier—present Outman—present
Ananich—present Horn—present Polehanki—present
Barrett—present Irwin—present Runestad—present
Bayer—present Johnson—present Santana—present
Bizon—present LaSata—present Schmidt—present
Brinks—present Lauwers—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—present
Chang—present McCann—present VanderWall—present
Daley—present McMorrow—excused Victory—present
Geiss—present Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Sylvia Santana of the 3rd District offered the following invocation:
Lord, we humbly come before You on this day that You have made to do Your will, not our own. In Your Word, Galatians 6:9 says, “Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.” Lord, while we are planting those seeds in the ground, let them be seeds of love, not hate; unity, not division; understanding, not bigotry. God, You give life to us all and You said in Your commandments that we shall not kill. Please, Lord, have mercy on those who choose or have chosen to disobey this commandment. Let them pause from their ways, and let them think wisely on every decision. Let justice prevail with Your guide, not ours. I pray for all the generational curses of slavery in our nation, and for others that keep some in fear of letting go and others who feel the bondage of oppression. Let us walk in the love of Your light You have given all of us. Let the soul of the nation be healed. May the favor of the Lord be upon us and our children and our children’s children.
“May His presence go before you, and behind you, and beside you. He is with you, He is with you.” Amen.
The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator McMorrow be excused from today’s session.
The motion prevailed.
The following communications were received:
Office of Senator Sean McCann
April 9, 2021
I respectfully request that my name be added as a co-sponsor to Senate Bill 58, introduced by Senator Irwin.
If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.
April 15, 2021
I respectfully request that my name be added as a co-sponsor to the following:
• Senate Bill 254, introduced by Senator Bayer.
• Senate Bill 255, introduced by Senator Irwin.
If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.
April 15, 2021
I respectfully request that my name be added as a co-sponsor to the following:
• Senate Bill 360, introduced by Senator Victory.
• Senate Bill 361, introduced by Senator Victory.
• Senate Bill 362, introduced by Senator Brinks.
• Senate Bill 363, introduced by Senator Daley.
• Senate Bill 364, introduced by Senator Moss.
If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.
Sincerely,
Sean McCann
State Senator
20th District
The communications were referred to the Secretary for record.
The following communication was received:
Office of Senator Dan Lauwers
April 15, 2021
I respectfully request that I be added as a co-sponsor of Senate Bill 359, introduced by Senator Ken Horn. Please take steps to formally process my addition as soon as possible.
Thank you for your assistance in this matter.
Sincerely,
Dan Lauwers
State Senator
25th District
The communication was referred to the Secretary for record.
The following communication was received:
Department of Technology, Management, and Budget
April 15, 2021
The Department of Technology, Management and Budget (DTMB), Office of Retirement Services (ORS) is pleased to present the Summary Annual Report for the Michigan Public School Employees’ Retirement System (MPSERS), henceforth referred to as the System, for the fiscal year (FY) ended Sept. 30, 2020.
ORS provides retirement and related retiree healthcare plans to help more than 690 public school employers attract, retain, and reward a highly qualified workforce.
ORS is able to cost-effectively provide these benefits to retirees. In 2019, the total defined benefit (DB) pension administration cost was $72 per active member and retiree. This was $32 below the peer average of $104 per active member and retiree (CEM Benchmarking).
Anthony Estell
Director, Office of Retirement Services
The communication was referred to the Secretary for record.
House Bill No. 4019, 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.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
House Bill No. 4019
The motion prevailed, a majority of the members serving voting therefor.
Senator Ananich entered the Senate Chamber.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
The Senate was
called to order by the President pro tempore, Senator Nesbitt.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 314.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48738 (MCL 324.48738), as amended by 2020 PA 385.
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 Natural Resources.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43560 (MCL 324.43560), as added by 1995 PA 57.
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 Natural Resources.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40118 and 43558 (MCL 324.40118 and 324.43558), section 40118 as amended by 2020 PA 385 and section 43558 as amended by 2013 PA 108.
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 Natural Resources.
By unanimous consent the Senate returned to the order of
General Orders
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, Lieutenant Governor Gilchrist, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
A bill to amend 1964 PA 284, entitled “City income tax act,” (MCL 141.501 to 141.787) by adding sections 40 and 80 to chapter 2.
House Bill No. 4571, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 301a.
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4019, 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-1).
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 4569
House Bill No. 4571
House Bill No. 4019
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
House Bill No. 4569
The motion prevailed.
The following bill was read a third time:
House Bill No. 4569, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” (MCL 141.501 to 141.787) by adding sections 40 and 80 to chapter 2.
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. 89 Yeas—35
Alexander Daley MacDonald Schmidt
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier Moss Theis
Bizon Horn Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Zorn
Chang Lauwers Santana
Nays—0
Excused—1
McMorrow
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to permit the imposition and collection by cities of an excise tax levied on or measured by income; to permit the collection and administration of the tax by the state; to provide the procedure including referendums for, and to require the adoption of a prescribed uniform city income tax ordinance by cities desiring to impose and collect such a tax; to limit the imposition and collection by cities and villages of excise taxes levied on or measured by income; to prescribe the powers and duties of certain state and municipal agencies, departments, and officials; to establish the city income tax trust fund; to provide for appeals; and to prescribe penalties and provide remedies,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4571, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 301a.
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. 90 Yeas—35
Alexander Daley MacDonald Schmidt
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier Moss Theis
Bizon Horn Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Zorn
Chang Lauwers Santana
Nays—0
Excused—1
McMorrow
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect.
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”
The
Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4019, 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.
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. 91 Yeas—35
Alexander Daley MacDonald Schmidt
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier Moss Theis
Bizon Horn Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Runestad Zorn
Chang Lauwers Santana
Nays—0
Excused—1
McMorrow
Not Voting—0
In The Chair: President
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 title of the bill.
The motion prevailed.
Senator Barrett’s statement is as follows:
I want to publicly acknowledge and appreciate the work that was done around this bill. My friend and colleague from Detroit who worked with me on this bill—the Senator who is an advocate for our men and women in uniform—who worked with me closely to raise funds for the men and women who were deployed to our U.S. Capitol over the last several months. We passed a resolution back in March unanimously in this body calling on the National Guard Bureau to cancel the food service contract and issue a meal stipend to the men and women who were serving. That request did not get fulfilled, so we set to work on an alternative plan to try and raise funds to reimburse some of our soldiers for the meal expenses that they had to go out of pocket for. Many of them had reported meals that were unsafe and undercooked with raw meat. Several of them—50 soldiers—were actually treated for food poisoning and that’s just unacceptable, especially in our nation’s capital in a first-world country with all the blessings that we have here in the United States.
I’m proud to report that we raised, quickly, over $100,000 to reimburse our men and women for the food expenses that they incurred. Each soldier should be eligible for a little over $100 for every single one of them as a result of the deployment that they went on and the expenses that they incurred. The bill before us today allows us to send that money to the Department of Military and Veterans Affairs, who will send it directly to the troops. Because of the rules around confidentiality and privacy, we cannot directly send them the funds from the charity that we raised the money into, so we have to first send it to the state of Michigan who can then remit payment to each one of these soldiers, and that’s what this bill accomplishes today.
Again, I want to thank my friend from Detroit and I want to thank our Appropriations chairman for his steadfast work on this as well, and each and every member here who started with the resolution last month to bring attention to this very important issue and really a great example of what happens when we come together, put our differences aside, and do the right thing for the people that serve our state.
Senator Hollier’s statement is as follows:
I just want to echo the statements of my good colleague. Over the last couple weeks and over this year, there have been so many divisive things that have happened, but this was an incredible opportunity for us to come together and do something that’s meaningful to each other. Throughout this process, every single person we reached out to was so excited to see that a conservative Republican and a liberal Democrat from Detroit were working together to do something for other people. We saw an outpouring of support and we did something that no one else across this country has done.
Every soldier who was deployed to the Capitol dealt with terrible conditions, but only Michigan soldiers are going to be taken care of. Only Michigan soldiers are going to get this benefit and are going to be taken care of this way, and it’s only possible because of all the people in this chamber and the people of the state of Michigan who decided that they’re willing to support these soldiers. I think it’s an incredible opportunity for us to look forward into our budget cycle and to say here’s an opportunity for us to leverage working together on shared values and the things we all find important, which are taking care of the people who take care of us.
I just want to thank my colleague from Charlotte for all his advocacy, for everyone who contributed to this, and for all the members who are going to make sure that every single one of our deployed soldiers are taken care of, because we have more soldiers deployed now than ever before but most importantly, we are going to have a lot of soldiers who go back to their lives, a lot of soldiers who have been on duty for the last year, and an environment and a country that is not accustomed to bringing back those individuals, workplaces that are not thinking about how they’re going to fill them, and places that have been hostile or not as supportive as we know they need to be. I hope this is just the beginning of our commitment as a chamber, as a Legislature, and as a state of taking care of the soldiers who take time away to take care of us.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Lauwers moved that the Senate proceed to consideration of the following resolution:
Senate Resolution No. 40
The motion prevailed.
A resolution to recognize April 2021 as Arab-American Heritage Month.
(This resolution was offered on April 15, rules suspended and consideration postponed. See Senate Journal No. 31, p. 485).
The question being on the adoption of the resolution,
The motion prevailed.
Senator Santana’s statement is as follows:
In honor of Arab-American Heritage Month, I want to acknowledge the many families here who call Michigan home. I just want to say that I have been privileged to have a community of people who reside, some in the city of Detroit, others who reside in the city of Dearborn and throughout the state of Michigan, who have provided so much a wealth of history as well as economic increase to our communities. I think back to the many conversations I’ve had with the American Arab Chamber, talking to Fay Beydoun who is the executive director of that organization, and talking to her about the ways that on the east side of Dearborn back in the 1980s how there were no businesses there, and how now you have a robust community of entrepreneurs and business owners right there in the city of Dearborn who provide so much to our existing community—job opportunities, as well as a reciprocation of wealth right in our communities.
I think about my neighbor Anna who came from serving with USAID in Iraq and had to flee Saddam Hussein to come to the United States to continue her life here in America. Since she’s been my neighbor, she has been nothing but an esteemed neighbor to me and my family and to the families throughout our community. Since she’s been in that community, she’s become a citizen of the United States. She’s gone back to school to get her education and has called the city of Detroit her home. I think to all of those individuals who are here who work in so many different industries who provide patents and are doctors here in our country.
Most people think of the Arab American community and think they just came off a boat or came because they were refugees from another country, but in all actuality there have been people coming from different countries in the Middle East since the 1800s to the United States. When I think of that community, I think about my own community and how it’s so important that we stay unified. It’s so important that we understand other cultures and make sure that we continue to lift all tides in our communities. I really think that when we think about the Arab American community, think about how they are so unique as a family unit, how they take care of their seniors and their family but they also continue to make sure that education is a priority for their young people.
When I think about this community, I think about just how unified they are and I think this is so important for all of us here in the United States and us here in Michigan to stay unified as a people and make sure we open our broader horizons and also understand those different cultures of people and also make sure we are continuing to make sure we support them in our communities as well. I think about here in state government how we have so many great people right here working in state government who I actually had the privilege of going through political trainings with who have provided so much opportunity and growth to our state here in Michigan.
With that said, I just want to say thank you to the Arab community for all that you do, not only here in Michigan but across this country and I definitely look forward to continuing to serve you here at the State Capitol.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Hertel’s statement is as follows:
I rise to ask you to take advantage of a co-sponsorship opportunity on my desk today. It is the third time trying to pass Wyatt’s Law here in Michigan.
Many of you have already heard the story behind this bill. You have likely met Wyatt’s mother, a tireless advocate for this legislation, Erica Hammel. When Wyatt was one year old, Erica had concerns about his father’s new girlfriend, but couldn’t find the information she needed to confirm her suspicions. It wasn’t until Wyatt suffered shaken baby syndrome at the woman’s hands that she learned the woman had twice been convicted previously of child abuse. Wyatt had a fractured skull, a major brain bleed, suffered permanent brain damage, went blind in one eye, and had broken ribs. Now, eight-years-old, Wyatt is thankfully here with us but continues to suffer cognitive and developmental delays as a result of the abuse. If Erica had been able to access the information she was seeking, without road blocks, she may have been able to prevent this tragic event.
This
legislation provides for the creation and maintenance of a publicly-accessible
database of those convicted of child abuse so parents like Erica have the tools
they need to access the information they deserve to keep their children safe.
Erica, Wyatt, and Christyne Kadlitz are here today in the Gallery in support of
this important legislation’s introduction. Wyatt’s Law passed the Senate last
session with near unanimous support and I know that they will continue to
advocate. They will never stop fighting until this is done. So this session we
hope to get the bill all the way through to the Governor’s desk, so please help
us in that effort by co-sponsoring this bill. Join me in supporting this
legislation to ensure that no child in Michigan has to endure what Wyatt has.
The blueback is on my desk for co-sponsorship and I appreciate your
consideration.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 15:
House Bill Nos. 4149 4151 4152
Senate Bill Nos. 357 358 359 360 361 362 363 364 365 366 367
Senate Resolution Nos. 40 41 42
House Bill Nos. 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657
Committee Reports
The Committee on Health Policy and Human Services reported
Senate Bill No. 191, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100b, 100c, 281b, 400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o, 517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b, 330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430, 330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o, 330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections 100a and 100b as amended by 2020 PA 402, section 100c as amended by 2020 PA 285, sections 400 and 420 as amended by 2018 PA 595, section 281b as added by 2014 PA 200, sections 423, 425, 426, 427, 429, and 463 as amended by 2016 PA 320, sections 430, 498o, 700, and 740 as amended by 1995 PA 290, sections 434, 435, 438, 452, and 461 as amended by 2018 PA 593, sections 517 and 532 as amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.
With the recommendation that the bill pass.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Brinks, Hertel and Wojno
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate Bill No. 213, entitled
A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6i (MCL 400.586i), as added by 1987 PA 35.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Curtis S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Brinks, Hertel and Wojno
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy and Human Services submitted the following:
Meeting held on Thursday, April 15, 2021, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Brinks, Hertel and Wojno
Excused: Senators Theis and Santana
Subcommittees –
Agriculture and Rural Development – Thursday, April 22, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Corrections and Judiciary – Wednesday, April 21, 11:30 a.m. or immediately following session, Room 1200, Binsfeld Office Building (517) 373-2768
General Government – Wednesday, April 21, 3:00 p.m., Room 1100, Binsfeld Office Building (517) 373-2768
Joint Capital Outlay – Wednesday, April 21, 4:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-2768
K-12 and Michigan Department of Education – Thursday, April 22, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Licensing and Regulatory Affairs/Insurance and Financial Services – Thursday, April 22, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Military and Veterans Affairs/State Police – Thursday, April 22, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Universities and Community Colleges – Wednesday, April 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Elections – Wednesday, April 21, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Finance – Wednesday, April 21, 12:00 noon, Room 403, 4th Floor, Capitol Building (517) 373-5312
Health Policy and Human Services – Thursday, April 22, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Transportation and Infrastructure – Wednesday, April 21, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:48 a.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Wednesday, April 21, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate