No. 22 STATE OF MICHIGAN Journal of the Senate 101st Legislature REGULAR SESSION OF 2021 Senate Chamber, Lansing, Thursday, March 11, 2021. 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 Hollier—excused 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 310 JOURNAL OF THE SENATE [March 11, 2021] [No. 22 Senator Rosemary Bayer of the 12th District offered as an invocation “Eagle Poem” by Joy Harjo, 2019 United States Poet Laureate. The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance. Senator Santana entered the Senate Chamber. Motions and Communications Senator Geiss entered the Senate Chamber. Senator Chang moved that Senators Moss and Ananich be temporarily excused from today’s session. The motion prevailed. Senator Chang moved that Senators McMorrow and Hollier be excused from today’s session. The motion prevailed. Senator Moss entered the Senate Chamber. Senator Lauwers moved that Senator Barrett be temporarily excused from today’s session. The motion prevailed. The following communications were received and read: Office of the Auditor General March 4, 2021 Enclosed is a copy of the following report: • Performance audit report on the Clean Michigan Initiative Environmental Protection Programs, Department of Environment, Great Lakes, and Energy (761-0217-20). March 5, 2021 Enclosed is a copy of the following report: • Report on Internal Control, Compliance, and Other Matters Michigan State Employees’ Retirement System, Fiscal Year Ended September 30, 2020 (071-0151-21). Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Oversight. 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. 10:51 a.m. The Senate was called to order by the President, Lieutenant Governor Gilchrist. During the recess, Senators Ananich and Barrett entered the Senate Chamber. Messages from the House Senate Bill No. 29, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 21f, 31n, and 167 (MCL 388.1611, 388.1621f, 388.1631n, and 388.1767), sections 11 and 31n as amended by 2020 PA 165, section 21f as amended by 2020 PA 147, and section 167 as amended by 2013 PA 122, and by adding sections 11n, 11o, 11r, 23b, 23c, 23d, and 104a. No. 22] [March 11, 2021] JOURNAL OF THE SENATE 311 The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 11 (MCL 388.1611), as amended by 2021 PA 3, and by adding sections 11o and 23d. Pursuant to rule 3.202, the bill was laid over one day. Senate Bill No. 114, 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 House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pursuant to rule 3.202, the bill was laid over one day. Third Reading of Bills The following bill was read a third time: Senate Bill No. 106, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 73102, 73104, and 73105 (MCL 324.73102, 324.73104, and 324.73105), section 73102 as amended by 1998 PA 546 and sections 73104 and 73105 as added by 1995 PA 58. 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. 47 Yeas—20 Barrett Johnson Nesbitt Stamas Bizon LaSata Outman Theis Bumstead Lauwers Runestad VanderWall Daley MacDonald Schmidt Victory Horn McBroom Shirkey Zorn Nays—14 Alexander Bullock Irwin Polehanki Ananich Chang McCann Santana Bayer Geiss Moss Wojno Brinks Hertel Excused—2 Hollier McMorrow 312 JOURNAL OF THE SENATE [March 11, 2021] [No. 22 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators McBroom, Moss, Theis and Barrett introduced Senate Joint Resolution F, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 4 of article VIII, to update the enumeration of public universities and to require that the meetings of governing boards of public universities are open to the public. The joint resolution was read a first and second time by title and referred to the Committee on Education and Career Readiness. Senator McBroom introduced Senate Bill No. 228, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32311, 32312, and 32512 (MCL 324.32311, 324.32312, and 324.32512), section 32311 as added by 1995 PA 59, section 32312 as amended by 2019 PA 84, and section 32512 as amended by 2012 PA 247. The bill was read a first and second time by title and referred to the Committee on Environmental Quality. Senators VanderWall, McBroom, Barrett, Victory, Horn, Stamas, Bumstead, Johnson, MacDonald, Runestad, Outman, Theis and Daley introduced Senate Bill No. 229, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 4111 (MCL 289.4111), as amended by 2016 PA 188. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators McBroom, Barrett, Horn, Stamas, Bumstead, Johnson, Victory, MacDonald, Outman, Theis, Daley, VanderWall and Runestad introduced Senate Bill No. 230, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 233 and 525 (MCL 436.1233 and 436.1525), section 233 as amended by 2020 PA 126 and section 525 as amended by 2016 PA 434. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Irwin introduced Senate Bill No. 231, entitled A bill to provide for the official time followed in this state; and to prescribe the powers and duties of certain state agencies and officials. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Moss and McBroom introduced Senate Bill No. 232, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2018 PA 68. The bill was read a first and second time by title and referred to the Committee on Oversight. No. 22] [March 11, 2021] JOURNAL OF THE SENATE 313 Senators McBroom and Moss introduced Senate Bill No. 233, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1, 2, 3, 4, 5, 6, 10, 10a, and 10b (MCL 15.231, 15.232, 15.233, 15.234, 15.235, 15.236, 15.240, 15.240a, and 15.240b), section 1 as amended by 1997 PA 6, section 2 as amended by 2018 PA 68, section 3 as amended by 2018 PA 523, section 4 as amended by 2020 PA 38, section 5 as amended by 2020 PA 36, section 6 as amended by 1996 PA 553, and section 10 as amended and sections 10a and 10b as added by 2014 PA 563, and by designating sections 1 to 16 as part 1. The bill was read a first and second time by title and referred to the Committee on Oversight. Senators McBroom and Moss introduced Senate Bill No. 234, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2. The bill was read a first and second time by title and referred to the Committee on Oversight. Senators Moss and McBroom introduced Senate Bill No. 235, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 29a and 29b. The bill was read a first and second time by title and referred to the Committee on Oversight. Senators McBroom and Moss introduced Senate Bill No. 236, entitled A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241.