STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Tuesday, November 9, 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—excused
Bayer—present Johnson—present Santana—present
Bizon—present LaSata—present Schmidt—excused
Brinks—present Lauwers—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—present
Chang—present McCann—present VanderWall—excused
Daley—present McMorrow—excused Victory—present
Geiss—present Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Ed McBroom of the 38th District offered the following invocation:
Dear Father, thank You so much for this new day, this new week, this opportunity to serve You and to serve the people of the state of Michigan. Father, we thank You for the many blessings You’ve given us, for Your graciousness, for the way that You are providing for us in these times with this plague. Father, we thank You for technology and science and medicine that are helping so many, and we pray that You would continue to bless us with Your mercy and take this plague away from us and restore prosperity.
But, Father, help us to not think that these things come due to us being deserving of them or for us earning them but they come from Your graciousness to us, from Your love, Your kindness, and Your desire to know us and for us to know You and to worship You. Help us, Father, to remember who our Creator is and that all good and perfect things flow from You. Father, help us to be humble and thankful, particularly in this season when we remember thankfulness and put it as a high priority—thankfulness for food, for crops, for family, for homes, for our nation, help us not to just be thankful to nothing but to remember to be thankful to the One who provides them.
Father, give us wisdom today as we deliberate over the business of Your people. Help us to be just leaders who love mercy, who love what is right, who promote what is right, condemn what is evil; help us to know the difference and to look to You for that guidance. I pray these things in Jesus’ name. Amen.
The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
Senator MacDonald entered the Senate Chamber.
The motion prevailed.
Senator Chang moved that Senator McMorrow be excused from today’s session.
The motion prevailed.
The following communication was received and read:
County of Macomb
CERTIFICATE OF DETERMINATION
State Senator – 8th District
STATE OF MICHIGAN
COUNTY OF MACOMB ss.
The Board of Canvassers of the COUNTY of MACOMB having Ascertained and Canvassed the votes of said State Senator – 8th District at the ELECTION, held on the 2nd day of NOVEMBER, 2021
Do Hereby Certify and Determine That
Douglas C. Wozniak having received the greatest number of votes is elected State Senator – 8th District
In Witness Whereof, We have hereunto set our hands and affixed the Seal of the COUNTY of MACOMB this 4th day of November, 2021
Attest: Sarah Stovall
[SEAL] Nancy S. Tiseo Board
Michelle DeBeaussaert of
Lori Mabee Canvassers
Anthony G. Forlini Lori Mabee
Clerk of Board of Canvassers Chairperson of Board of Canvassers
The communication was referred to the
Secretary for record.
The following communication was received and read:
County of Kent
November 2, 2021
Statement of Votes & Certificate of Determination
Jurisdiction: STATE SENATOR – 28TH DISTRICT
Number of Votes
Keith Courtade Received Fifteen thousand six hundred eighty-three 15,683
Mark Huizenga Received Twenty-five thousand seven hundred thirty-five 25,735
Alex Avery Received Six hundred eleven 611
Theodore Gerrard Received Four hundred twenty 420
The Board of Canvassers of the County of Kent, State of Michigan, having ascertained and canvassed the votes of the election held on Tuesday, November 2, 2021, does hereby certify and determine that the following candidates have been duly elected:
State Senator – 28th District
Mark Huizenga
IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the County of Kent, this 5th day of November 2021
CERTIFY: [SEAL]
Jane E. Uyl, Chairperson
Pamela R. Richter
JoAnn King
Attest:
Lisa Posthumus Lyons
Clerk/Register of Deeds
November 5, 2021
The communication was referred to the Secretary for record.
Senate Bill No. 723, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2021 PA 70.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Lauwers moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
Senate Bill No. 723
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 10:08 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Theis.
During
the recess, Senator Geiss entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1998 PA 434, entitled “Uniform voidable transactions act,” by amending sections 1, 4, 5, and 10 (MCL 566.31, 566.34, 566.35, and 566.40), as amended by 2016 PA 552.
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 Judiciary and Public Safety.
A bill to amend 2008 PA 148, entitled “Personal property trust perpetuities act,” by amending sections 2, 3, and 4 (MCL 554.92, 554.93, and 554.94), sections 2 and 3 as amended by 2012 PA 484 and section 4 as amended by 2011 PA 12.
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 Judiciary and Public Safety.
A bill to amend 1976 PA 267, entitled “Open meetings act,” (MCL 15.261 to 15.275) by adding section 9a.
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 Oversight.
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 483a (MCL 750.483a), as added by 2000 PA 451.
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 Judiciary and Public Safety.
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 478b.
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 Judiciary and Public Safety.
A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 3b.
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 Families, Seniors, and Veterans.
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2021 PA 33.
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 Judiciary and Public Safety.
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending section 5 (MCL 205.175), as amended by 2015 PA 177.
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.
A bill to amend 1960 PA 124, entitled “An act to create the Michigan highway reciprocity board; to prescribe its powers and duties; and to repeal certain acts and parts of acts,” by amending the title and sections 1 and 3 (MCL 3.161 and 3.163).
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.
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending section 3 (MCL 207.213).
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.
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 12 and 18 (MCL 205.62 and 205.68), section 12 as amended by 2018 PA 167 and section 18 as amended by 2014 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 Finance.
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 14a and 14b (MCL 205.104a and 205.104b), section 14a as amended by 2014 PA 109 and section 14b as amended by 2018 PA 168.
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 Finance.
Senator Hertel entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the Governor
The following messages from the Governor were received:
Time: 9:50 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 686 (Public Act No. 107), being
An act to amend 1976 PA 399, entitled “An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties,” by amending section 9 (MCL 325.1009), as amended by 2017 PA 91.
(Filed with the Secretary of State on November 4, 2021, at 2:56 p.m.)
Date: November 5, 2021
Time: 11:27 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 153 (Public Act No. 109), being
An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 4 and 21 (MCL 205.94 and 205.111), section 4 as amended by 2018 PA 679 and section 21 as amended by 2020 PA 30.
(Filed with the Secretary of State on November 5, 2021, at 2:17 p.m.)
Respectfully,
Gretchen Whitmer
Governor
The following message from the Governor was received and read:
Education: student opportunity scholarship account; create
Individual income tax: credit for contributions to scholarship-granting organizations and deduction of funds distributed to student opportunity scholarship accounts; provide for
November 5, 2021
I am deeply committed to putting Michigan students and parents first and am proud of what we have achieved for Michigan children. Together, we have improved opportunities and outcomes for more than 1.4 million kids across Michigan by:
• expanding the Great Start Readiness Program to serve more than 17,000 additional four year-olds;
• making more than 105,000 more Michigan children eligible for low- or no-cost child care; and,
• making the largest educational investment in our state’s history three years in a row – tripling the number of literacy coaches, hiring more counselors, providing MI Classroom Heroes grants to 138,000 teachers, and finally closing the nearly three decades-long funding gap.
And we did it all without raising taxes one dime.
Proponents say Senate Bill 687 and 688 promote philanthropy, but any Michigander can already donate money to an educational nonprofit and receive a write-off on their taxes. This legislation would require Michigan taxpayers to foot the bill for any money a person gives to certain private education organizations, costing as much as $500 million in 2022 alone. Simply put, our schools cannot provide the high-quality education our kids deserve if we turn private schools into tax shelters for the wealthy.
The movement to privatize education in this state has been a catastrophic failure, causing Michigan students to fall behind the rest of the nation. As a result of this movement, Michigan now has by far the largest proportion of for-profit charters in the country yet was one of only five states where reading attainment actually declined between 2003 and 2018. Redirecting public school dollars for private gain is not only ineffective, it has been roundly rejected by Michigan voters, with more than 69% voting “no” on a proposal that would have allowed the use of tuition vouchers for nonpublic schools. Since I was elected governor, I have consistently put students and parents first and we have begun to reverse decades of disinvestment in public education. I am vetoing Enrolled Senate Bills 687 and 688 because they would undo much of that good work.
Nevertheless, I would be proud to support common sense bills that help all families access high-quality education and child care, including legislation:
• fixing the third-grade reading law to eliminate punitive retention requirements;
• giving child care providers more flexibility so that they can serve more children; and,
• preventing disruption in student learning by allowing students to move seamlessly between in-person instruction and virtual school.
I am willing to work with anyone who shares these goals to get things done for Michigan students and parents.
Sincerely,
Gretchen Whitmer
Governor
These bills were returned from the Governor on November 5, 2021, at 2:37 p.m.
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
General Orders
The motion prevailed, and the Assistant President pro tempore, Senator Theis, designated Senator Bayer as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Theis, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4305, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 26 (MCL 169.226), as amended by 2019 PA 93.
Senate Bill No. 654, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 528, 549c, 550a, 8143, 8144, and 8176 (MCL 600.528, 600.549c, 600.550a, 600.8143, 600.8144, and 600.8176), section 528 as amended by 2012 PA 18, section 550a as amended by 2012 PA 36, sections 8143 and 8176 as amended by 2002 PA 92, and section 8144 as amended by 2020 PA 82.
House Bill No. 5259, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 521 (MCL 600.521), as amended by 2001 PA 256.
Senate Bill No. 700, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 7, 20g, 38, 49, and 68b (MCL 38.7, 38.20g, 38.38, 38.49, and 38.68b), section 20g as amended by 1987 PA 241, section 38 as amended and section 68b as added by 2011 PA 264, and section 49 as amended by 2018 PA 336.
Senate Bill No. 723, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2021 PA 70.
Senate Bill No. 643, entitled
A bill to authorize the department of technology, management, and budget to transfer state-owned property in Macomb County; to prescribe conditions for the transfer; to provide for the powers and duties of certain state departments in regard to the property; and to provide for the disposition of revenue derived from the transfer.
The bills were 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. 671, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 13c, and 14a (MCL 125.2652, 125.2663c, and 125.2664a), section 2 as amended by 2020 PA 259 and sections 13c and 14a as added by 2017 PA 46.
Substitute (S-1).
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 308, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 31 (MCL 168.31), as amended by 2012 PA 271.
Substitute (S-1).
Senate Bill No. 694, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 515 and 521 (MCL 600.515 and 600.521), section 521 as amended by 2001 PA 256.
Substitute (S-2).
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 494, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8201, 8202, 8203, 8206, 8207, 8702, 8703, 8705, 8707, 8708, 8710, 8715, 8716, 8801, and 8807 (MCL 324.8201, 324.8202, 324.8203, 324.8206, 324.8207, 324.8702, 324.8703, 324.8705, 324.8707, 324.8708, 324.8710, 324.8715, 324.8716, 324.8801, and 324.8807), sections 8201, 8202, 8203, and 8207 as added by 2001 PA 176, section 8206 as amended by 2018 PA 237, sections 8702, 8703, 8707, 8708, 8710, 8715, 8716, and 8807 as amended by 2015 PA 118, section 8705 as amended by 2011 PA 2, and section 8801 as amended by 2011 PA 1; and to repeal acts and parts of acts.
Substitute (S-2).
By unanimous consent the Senate proceeded to the order of
Resolutions
Senators Bayer, McMorrow, Geiss, Moss, Polehanki, Alexander, Hollier, Chang, Brinks, Wojno and Santana offered the following resolution:
Senate Resolution No. 92.
A resolution to urge the United States Congress and the President of the United States to enact legislation that would protect a health care provider’s ability to provide abortion services.
Whereas, The freedom to control decisions about whether and when to have a child is a fundamental component of gender equality. The choice to bear a child is deeply personal and can profoundly impact a woman’s physical and mental health, future professional opportunities, and her ability to achieve her fullest potential. While both men and women are responsible for bringing new life into the world, only women have been expected to sacrifice their health, safety, ambitions, and even their lives, for an unwanted pregnancy; and
Whereas, The landmark Supreme Court decision, Roe v. Wade, recognized that the fundamental right to privacy includes a woman’s right to choose to have an abortion. While this right must be balanced against the state’s interest in the “potentiality of human life,” the weight of these interests vary over the course of a pregnancy. State laws that broadly prohibit abortion regardless of the stage of pregnancy violate the right to privacy under Roe v. Wade; and
Whereas, In spite of the clear holding in Roe v. Wade, state laws have been chipping away at women’s reproductive freedom for decades by imposing restrictions on abortion that are not evidence-based and do not confer any health or safety benefits. Most recently, the state of Texas enacted an abortion ban that prohibits abortion as early as six weeks into pregnancy, before many women realize they are pregnant. According to the ACLU, approximately 85 to 90 percent of people who obtain abortions in Texas are at least six weeks pregnant. As a result, very few women in Texas will have access to the fundamental right that they are guaranteed by the Constitution of the United States; and
Whereas, In response to the U.S. Supreme Court’s recent decision to deny an emergency request to block the abortion ban in Texas, lawmakers in other states will likely follow suit and enact similar restrictions that will decimate access to abortion services across the country. Swift action by Congress is needed to pass federal legislation that will work to protect women’s reproductive freedom; and
Whereas, The Women’s Health Protection Act
(WHPA) of 2021 would establish that a health care provider has a statutory
right to provide abortion services and that a provider’s patient has a
corresponding right to receive such services. The act would prohibit laws that
impose burdensome restrictions that limit a provider’s ability to provide
abortion services, such as requiring doctors to perform unnecessary tests and
procedures, preventing doctors from prescribing medically appropriate
medication, establishing restrictions on medical training for future abortion
providers, and implementing mandatory waiting periods for patients; and
Whereas, The WHPA is necessary in order to ensure equality at every level. Abortion-specific restrictions affect the cost and availability of abortion services. Therefore, only a certain population of women with the means to overcome these restrictions will be able to access a medically necessary procedure. Restrictions on reproductive health that create unequal burdens among women perpetuate systems of oppression and exacerbate existing inequality. By limiting the restrictions, Congress can ensure that all women, regardless of their background, have access to safe and affordable abortions; and
Whereas, Access to essential health care, including abortion services, is central to achieving reproductive justice and enabling every individual to fully participate in economic and social life. True equality cannot be achieved until everyone has the economic, social, and political power and autonomy to control their own bodies and make decisions about lives with equal dignity and self-determination; now, therefore, be it
Resolved by the Senate, That we urge the United States Congress and the President of the United States to enact legislation that would protect a health care provider’s ability to provide abortion services; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Bayer’s statement is as follows:
I stand here today with a very personal story—very difficult to talk about. About 30 years ago, I had an abortion. I spoke about it on this floor once and I hate that I have to speak about it again actually. It’s very personal. Why, where, how, is not anyone’s business. In my case, it was medically necessary and really sad and scary, but those details are mine, my husband’s, my doctor’s, and I don’t want to share them with you or any other politicians or a court of law. I don’t want you or a court to ask me to prove that it was medically necessary. I don’t want my neighbor to sue my husband and my doctor for assisting me, for saving my life, and have to battle for them in court, to share my private and personal information just to defend myself. My abortion is personal and private business and even talking about it all these years later pains me, but I’m doing it because of the ongoing attack on women’s reproductive freedoms. I’m doing this because we should all respect personal decisions around pregnancy and childbirth. Those personal decisions should be made by those of us who are impacted, not politicians.
That’s why, today, I am introducing a resolution calling on the Senate to pass and President Biden to sign the Women’s Health Protection Act. This important piece of federal legislation, originally introduced in 2013, is more important now than ever. It would protect the access for reproductive care across the country, creating national standards against abortion bans and unnecessary restrictions. As Texas has demonstrated, our right to make our own, very personal medical decisions is under attack. A person’s decision to have an abortion is not a political decision. It is never a political decision. It is always a personal decision. My abortion didn’t impact anyone other than my husband and me. It does not, it did not, impact public health. It does not impact you. It does not impact politicians or my neighbors. It is my private business. The Texas law isn’t about anything but politics and power. It certainly doesn’t protect women’s health, and in fact it puts women and families at risk. I am horrified by it.
We must stop criminalizing women and their doctors. We must instead stand up and protect family planning freedoms, protect safe and affordable medical care, no matter what decision you make. My colleagues, I ask you for my younger self who had to rush to an emergency room, for so many women, even friends who suffered through illegal abortions early in the 1960s, for my friends and constituents now who deserve the freedom to make the best healthcare decisions for themselves and those they love today—please support this simple resolution calling on Congress to pass the Women’s Health Protection Act.
Announcements of Printing and Enrollment
House Bill Nos. 4618 4619 4705 4851 4852 4854 4856 4976 4977 4978 5322 5323
The Secretary announced the enrollment printing and presentation to the Governor on Thursday, November 4, for her approval the following bills:
Enrolled Senate Bill No. 220 at 10:48 a.m.
Enrolled Senate Bill No. 153 at 10:50 a.m.
The Secretary announced that the following bills were printed and filed on Thursday, November 4, and are available on the Michigan Legislature website:
House Bill Nos. 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536
Elections – Wednesday, November 10, 2:00 p.m., Room 1300, Binsfeld Office Building (517) 373-5323
Finance – Wednesday, November 10, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 11:53 a.m.
The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Wednesday, November 10, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate