No. 79

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2021

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, October 12, 2021.

 

10:00 a.m.

 

 

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

Motions and Communications

 

 

The following communication was received and read:

Office of the Auditor General

October 6, 2021

Enclosed is a copy of the following report:

•    Financial audit report including a report on internal control, compliance, and other matters on the Emergency 9-1-1 Fund, Michigan Department of State Police and Department of Treasury (271-0265-20).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

 

The following communication was received:

Office of Senator Sean McCann

October 7, 2021

I respectfully request that my name be added as a co-sponsor to Senate Bill 678, introduced by Senator Chang. 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 communication was referred to the Secretary for record.

 

 

The following communication was received:

City of Ypsilanti

October 7, 2021

At our October 5, 2021, regular meeting, the Ypsilanti City Council passed Resolution No. 2021-212 regarding Senate Bill 0358.

Thank you in advance for your consideration on this very important matter.

                                                                                       Sincerely,

                                                                                       Andrew Hellenga

                                                                                       City Clerk

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator Betty Jean Alexander

October 11, 2021

Please add my name, State Senator Betty Jean Alexander, as a cosponsor for:

SB 649

                                                                                       Respectfully Requested,

                                                                                       Betty Jean Alexander

                                                                                       Michigan State Senator

                                                                                       5th Senate District - Redford, Inkster,

                                                                                         Garden City, Dearborn Heights,

                                                                                         and Detroit

The communication was referred to the Secretary for record.

 

 

The Secretary announced that pursuant to rule 1.117(e) of the Standing Rules of the Senate, the Senate Majority Leader has allocated $0 to the standing committee operations accounts for the fiscal year ending September 30, 2022. Accordingly, for the fiscal year ending September 30, 2022, there are no committee expenses to be reported and no committee expense reports to be filed with the Senate Business Office pursuant to rule 2.110 of the Standing Rules of the Senate.

 

 

Messages from the Governor

 

 

The following message from the Governor was received:

Date: October 7, 2021

Time: 2:00 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 48 (Public Act No. 88), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2091) by adding section 110.

(Filed with the Secretary of State on October 7, 2021, at 2:48 p.m.)

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

 

Pursuant to rule 3.104 the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Hollier, Alexander, Hertel, Geiss, Polehanki, Horn, Bayer, McBroom, McCann, Victory, Moss and Schmidt introduced

Senate Bill No. 684, entitled

A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2020 PA 64.

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

Senators Brinks and Nesbitt introduced

Senate Bill No. 685, entitled

A bill to authorize the state administrative board to convey a parcel of state-owned property in Kent County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills and resolutions were printed and filed on Thursday, October 7, and are available on the Michigan Legislature website:

Senate Bill Nos.      682    683

Senate Concurrent Resolution No.        19

Senate Resolution No.       85

House Bill Nos.     5376   5377   5378   5379  5380   5381   5382   5383  5384

 

 

Committee Reports

 

 

The Committee on Health Policy and Human Services reported

Senate Bill No. 101, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100d, 281c, 282, 408, 409, 426, 427a, 427b, 429, 436, 438, 469a, 498k, 498t, 516, 519, and 537 (MCL 330.1100d, 330.1281c, 330.1282, 330.1408, 330.1409, 330.1426, 330.1427a, 330.1427b, 330.1429, 330.1436, 330.1438, 330.1469a, 330.1498k, 330.1498t, 330.1516, 330.1519, and 330.1537), section 100d as amended by 2020 PA 99, section 281c as added by 2014 PA 200, section 282 as amended by 2014 PA 200, sections 408, 427a, and 498k as amended by 1995 PA 290, sections 409, 436, 438, and 469a as amended by 2018 PA 593, sections 426 and 429 as amended by 2016 PA 320, section 498t as added by 1988 PA 155, and sections 516, 519, and 537 as amended by 2018 PA 596, and by adding sections 170 and 172.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

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

 

 

The Committee on Health Policy and Human Services reported

Senate Bill No. 423, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2020 PA 397.

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, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

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

 

 

The Committee on Health Policy and Human Services reported

Senate Bill No. 424, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 38 and 42 (MCL 791.238 and 791.242), section 38 as amended by 1994 PA 217 and section 42 as amended by 2006 PA 170, and by adding section 42a.

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, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

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

 

 

The Committee on Health Policy and Human Services reported

Senate Bill No. 499, entitled

A bill to provide definitions for the complex needs patient act.

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, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

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

 

 

The Committee on Health Policy and Human Services reported

Senate Bill No. 500, entitled

A bill to ensure access to quality complex rehabilitation technology in the Medicaid program for people with complex medical needs; and to prescribe the powers and duties of certain state departments.

With the recommendation that the bill pass.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana 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. 578, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744e (MCL 333.17744e), as added by 2016 PA 383.

With the recommendation that the bill pass.

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

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana 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. 579, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21528.

With the recommendation that the bill pass.

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

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy and Human Services reported

House Bill No. 4059, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109n.

With the recommendation that the bill pass.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Health Policy and Human Services reported

House Bill No. 4087, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” (MCL 30.401 to 30.421) by adding section 7b.

With the recommendation that the bill pass.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Health Policy and Human Services reported

House Bill No. 4521, entitled

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

With the recommendation that the bill pass.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Health Policy and Human Services reported

House Bill No. 4659, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17754a (MCL 333.17754a), as added by 2020 PA 134.

With the recommendation that the bill pass.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill was 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, October 7, 2021, at 1:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

The Committee on Local Government reported

House Bill No. 4066, entitled

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

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

                                                                                       Dale W. Zorn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Zorn, Johnson and Daley

Nays: Senator Moss

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

 

 

The Committee on Local Government reported

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.

With the recommendation that the bill pass.

                                                                                       Dale W. Zorn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Zorn, Johnson, Daley, Alexander and Moss

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Local Government submitted the following:

Meeting held on Thursday, October 7, 2021, at 1:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Zorn (C), Johnson, Daley, Alexander and Moss

 

 

Scheduled Meetings

 

 

Advice and Consent – Thursday, October 14, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373‑5314

 

Appropriations – Wednesday, October 13, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307

 

Subcommittee –

 

Universities and Community Colleges – Wednesday, October 13, 1:00 p.m., Room 403, 4th Floor, Capitol Building (517) 373-2768

 

Economic and Small Business Development – Thursday, October 14, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

Elections – Wednesday, October 13, 2:00 p.m., Room 1300, Binsfeld Office Building (517) 373-5323

 

Finance – Wednesday, October 13, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373‑5312

 

Judiciary and Public Safety – Thursday, October 14, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

State Drug Treatment Court Advisory Committee – Tuesday, October 19, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (517) 373-0212

 

Transportation and Infrastructure – Wednesday, October 13, 12:00 noon, Room 1100, Binsfeld Office Building (517) 373-5323

 

 

In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m.

 

The Secretary of the Senate declared the Senate adjourned until Wednesday, October 13, 2021, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate