No. 4

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2022

 

 

 

 

 

Senate Chamber, Lansing, Thursday, January 20, 2022.

 

10:00 a.m.

 

 

The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.

 

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

 

 

Alexander—present                             Horn—present                                 Polehanki—present

Ananich—present                                Huizenga—present                           Runestad—present

Barrett—present                                  Irwin—present                                 Santana—present

Bayer—present                                    Johnson—present                             Schmidt—present

Bizon—present                                    LaSata—present                              Shirkey—present

Brinks—present                                   Lauwers—present                            Stamas—present

Bullock—present                                 MacDonald—present                       Theis—present

Bumstead—present                              McBroom—present                          VanderWall—present

Chang—present                                   McCann—present                            Victory—present

Daley—present                                    McMorrow—present                        Wojno—present

Geiss—present                                    Moss—present                                 Wozniak—present

Hertel—present                                   Nesbitt—present                              Zorn—present

Hollier—present                                  Outman—present                            


 

Senator Tom Barrett of the 24th District offered the following invocation:

Heavenly Father, You have entrusted us with the gift of life. Help us to appreciate that gift and to protect human life, especially the most vulnerable among us. We know our rights come from You. Our responsibilities here are to protect those rights. Please guide us and help us to make wise decisions today. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

Senators Schmidt and Runestad entered the Senate Chamber.

 

 

Motions and Communications

 

 

Senator Lauwers moved that Senator Johnson be temporarily excused from today’s session.

The motion prevailed.

 

Senator Chang moved that Senators Ananich, Geiss and Bullock be temporarily excused from today’s session.

The motion prevailed.

 

 

The following communication was received:

Office of Senator Stephanie Chang

January 19, 2022

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bill 767 which was introduced on December 2, 2021 and was referred to the Senate Committee on Transportation and Infrastructure.

                                                                                       Sincerely,

                                                                                       Stephanie Chang

                                                                                       State Senator, District 1

                                                                                       Minority Floor Leader

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Kimberly LaSata

January 20, 2022

I respectfully request to be added as a cosponsor to Senate Bill 460, introduced by Senator Lana Theis.

If you have any questions, please do not hesitate to reach out to my office.

                                                                                       Sincerely,

                                                                                       Kim LaSata

                                                                                       State Senator

                                                                                       21st District

The communication was referred to the Secretary for record.

 

 

Senator Lauwers moved that the Committee on Appropriations be discharged from further consideration of the following bill:

House Bill No. 5523, 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 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:

House Bill No. 5523

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

 

Senators Ananich, Johnson, Geiss and Bullock entered the Senate Chamber.

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. 4290

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4290, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2021 PA 168.

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. 7                                              Yeas—38

 

 

Alexander                          Geiss                                 McBroom                          Schmidt

Ananich                             Hertel                                 McCann                             Shirkey

Barrett                                Hollier                               McMorrow                        Stamas

Bayer                                 Horn                                  Moss                                 Theis

Bizon                                 Huizenga                            Nesbitt                               VanderWall

Brinks                                Irwin                                  Outman                             Victory

Bullock                              Johnson                             Polehanki                          Wojno

Bumstead                           LaSata                                Runestad                           Wozniak

Chang                                Lauwers                             Santana                              Zorn

Daley                                 MacDonald                                                                 

 

 

                                                                   Nays—0

 

 

                                                                Excused—0

 

 

                                                              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:

Senate Bill No. 564, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 34 and 41 (MCL 432.134 and 432.141), as added by 2019 PA 159.

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. 8                                              Yeas—23

 

 

Barrett                                Huizenga                            Nesbitt                               Theis

Bayer                                 Irwin                                  Outman                             VanderWall

Bizon                                 Johnson                             Runestad                           Victory

Bumstead                           LaSata                                Schmidt                             Wozniak

Daley                                 Lauwers                             Shirkey                              Zorn

Horn                                  MacDonald                        Stamas                              

 

 

                                                                  Nays—15

 

 

Alexander                          Chang                                McBroom                          Polehanki

Ananich                             Geiss                                 McCann                             Santana

Brinks                                Hertel                                 McMorrow                        Wojno

Bullock                              Hollier                               Moss                                

 

 

                                                                Excused—0

 

 

                                                              Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator MacDonald’s statement is as follows:

The COVID-19 pandemic has had a wide range of effects on many people, businesses, and especially charities. My bill before you today would seek to help repair some of the damage caused to our local charities. The pandemic and subsequent mandates impacted their ability to operate and fundraise for their worthy causes. Many of these charities use gaming to raise the necessary funds to operate and provide these services to our communities. This bill seeks to waive fees for charitable gaming to allow them to keep more of the money they earn and put it to good use. It also increases the millionaire party licenses they can receive each year and removes the limits on the number of days per week they can operate. Senate Bill No. 564 will also raise the chip limits so they can try to collect more money during the time they are operating. This would not be a permanent change. My bill does have a sunset and after three years, it would expire. This is to help these charities try to recover some of their losses so they can continue to do the great work they do in our communities. I would encourage a “yes” vote on this bill.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Victory introduced

Senate Bill No. 827, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

Senator Outman introduced

Senate Bill No. 828, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Bizon introduced

Senate Bill No. 829, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Bizon introduced

Senate Bill No. 830, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Victory introduced

Senate Bill No. 831, entitled

A bill to make appropriations for the legislature, the executive, the department of the attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain other state purposes for the fiscal year ending September 30, 2023; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

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

 

 

Senator Schmidt introduced

Senate Bill No. 832, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2021 PA 48 and section 17b as amended by 2007 PA 137.

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

 

 

Senator Schmidt introduced

Senate Bill No. 833, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Horn introduced

Senate Bill No. 834, entitled

A bill to make appropriations for the department of labor and economic opportunity for the fiscal year ending September 30, 2023, and to provide for the expenditure of the appropriations.

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

 

 

Senator Nesbitt introduced

Senate Bill No. 835, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

Senator Nesbitt introduced

Senate Bill No. 836, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Barrett introduced

Senate Bill No. 837, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Barrett introduced

Senate Bill No. 838, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Bumstead introduced

Senate Bill No. 839, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Bumstead introduced

Senate Bill No. 840, entitled

A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator Schmidt introduced

Senate Bill No. 841, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

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

 

 

Senator LaSata introduced

Senate Bill No. 842, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), as amended by 2021 PA 86.

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

 

 

Senator LaSata introduced

Senate Bill No. 843, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), as amended by 2021 PA 86.

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

 

 

Senator Stamas introduced

Senate Bill No. 844, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2023; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

Senator Schmidt introduced

Senate Bill No. 845, entitled

A bill to amend 1979 PA 94, entitled “The 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.

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

 

 

Statements

 

 

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

The motion prevailed.

Senator Polehanki’s statement is as follows:

We have a birthday today—where is she?—Nancy Green. We don’t know how old she is, but I know that she has been around forever. She is like my mom and I love her so much.

I asked if I could make her famous on Twitter today with doing a selfie and she said, No, I’ve been so successful in being behind the scenes for over 30 years, so I wouldn’t want to start now. So, I’m just going to embarrass her now among just us—it’s just us.

Happy birthday, Nancy.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Wednesday, January 19, and are available on the Michigan Legislature website:

Senate Bill Nos.      820    821    822    823    824    825    826

 

 

Committee Reports

 

 

The Committee on Finance reported

Senate Bill No. 720, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2, 3, 4, 5, 5a, 6, 6a, 6b, 6c, 6d, 7, 7b, 8, 9, 11, 12, and 13 (MCL 205.422, 205.423, 205.424, 205.425, 205.425a, 205.426, 205.426a, 205.426b, 205.426c, 205.426d, 205.427, 205.427b, 205.428, 205.429, 205.431, 205.432, and 205.433), sections 2 and 11 as amended by 2020 PA 326, sections 3, 5, and 6 as amended and section 6b as added by 1997 PA 187, sections 5a and 6a as amended by 2012 PA 188, section 6c as added by 2002 PA 503, section 6d as added by 2003 PA 285, section 7 as amended by 2016 PA 86, section 7b as added by 2002 PA 607, section 8 as amended by 2008 PA 458, section 9 as amended by 2004 PA 474, section 12 as amended by 2018 PA 639, and section 13 as amended by 1995 PA 131, and by adding sections 3a and 6f.

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 Runestad

                                                                                          Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, Chang and Alexander

Nays: Senator VanderWall

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

 

 

The Committee on Finance reported

Senate Bill No. 721, entitled

A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 3 (MCL 141.473), as amended by 1998 PA 529.

With the recommendation that the bill pass.

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

                                                                                          Jim Runestad

                                                                                          Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, Chang and Alexander

Nays: Senator VanderWall

The bill was referred to the Committee of the Whole.

 

 

The Committee on Finance reported

Senate Bill No. 722, entitled

A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), as amended by 2016 PA 42.

With the recommendation that the bill pass.

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

                                                                                          Jim Runestad

                                                                                          Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, Chang and Alexander

Nays: Senator VanderWall

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, January 19, 2022, at 12:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander

 

 

The Committee on Elections reported

Senate Bill No. 292, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 31 and 730 (MCL 168.31 and 168.730), section 31 as amended by 2012 PA 271 and section 730 as amended by 1995 PA 261, and by adding section 730a; and to repeal acts and parts of acts.

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.

                                                                                          Ruth A. Johnson

                                                                                          Chairperson

To Report Out:

Yeas: Senators Johnson, McBroom and VanderWall

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 Elections submitted the following:

Meeting held on Wednesday, January 19, 2022, at 2:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Johnson (C), McBroom and VanderWall

Excused: Senator Wojno

 

 

Scheduled Meetings

 

 

Economic and Small Business Development – Thursday, January 27, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

Energy and Technology Tuesday, January 25, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building and Tuesday, February 1, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-1721

 

Local Government Thursday, January 27, 1:30 p.m., Room 1200, Binsfeld Office Building (517) 373‑5312

 

 

Senator LaSata moved that the Senate adjourn.

The motion prevailed, the time being 10:25 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, January 25, 2022, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate