Journal of the Senate 101St Legislature REGULAR SESSION of 2021

No. 48 STATE OF MICHIGAN Journal of the Senate 101st Legislature REGULAR SESSION OF 2021

Senate Chamber, Lansing, Wednesday, May 26, 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—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—present Victory—present Geiss—present Moss—present Wojno—present Hertel—present Nesbitt—present Zorn—present

812 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Senator Jim Stamas of the 36th District offered the following invocation: Dear Lord, we thank You for this opportunity to come together. We ask that You give us guidance and strength. We ask that You give us peace. Let us each reflect on each of our districts so that we may have discussion and debate to help not only our residents in our districts but to all the people of Michigan. Dear Lord, we ask that You be with those who call out Your name, and those who are in harm’s way; and we ask that You continue to give us and those Your grace. In Your name we pray. Amen.

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

Motions and Communications

Senator Runestad entered the Senate Chamber.

Senator Lauwers moved that Senators Shirkey and LaSata be temporarily excused from today’s session. The motion prevailed.

Senator Chang moved that Senators Ananich, Bullock, Geiss, Hertel, Hollier and Santana be temporarily excused from today’s session. The motion prevailed.

The following communication was received: Office of Senator Jim Runestad May 25, 2021 Per Senate Rule 1.110 c, please accept this request to be added as a co-sponsor to Senate Bill 450, introduced by Senator Stamas. Thank you for your assistance. Sincerely, Sen. Jim Runestad District 15 The communication was referred to the Secretary for record.

The following communication was received: Office of Senator Jon Bumstead May 26, 2021 Per the rules of the Michigan Senate, I wish to remove my name as sponsor of Senate Bill 265. Originally SB 265 was supposed to suspend the third-grade reading law for the current school year. The suspension of these requirements is justified for the current school year because of the COVID-19 pandemic and the inconsistent experience that students had in their schools. But more than the justification of the pandemic, it’s just the right thing to do. The substitute version of SB 265 is flawed in that it creates more mandates from Lansing to our local school districts and implements a 4th grade retention component for students next school year. Our students, teachers, administrators and parents do not need more mandates from Lansing. They need our help and empathy for all that they’ve gone through. In addition to the contents of the S-1 being bad, the changes contained within the substitute were never negotiated with me or my staff. If these ideas would have been brought to me directly I would have flat out rejected those changes. The students of the 34th Senate District deserve better than the contents of the S-1 version of SB 265, which is why I request to remove my name as sponsor of the bill. Sincerely, Jon Bumstead State Senator 34th District The communication was referred to the Secretary for record.

Senator Bullock entered the Senate Chamber. No. 48] [May 26, 2021] JOURNAL OF THE SENATE 813

Messages from the Governor

The following messages from the Governor were received: Date: May 24, 2021 Time: 12:38 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 141 (Public Act No. 16), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 203 (MCL 436.1203), as amended by 2020 PA 106. (Filed with the Secretary of State on May 25, 2021, at 2:44 p.m.)

Date: May 24, 2021 Time: 12:40 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 142 (Public Act No. 17), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 203b. (Filed with the Secretary of State on May 25, 2021, at 2:46 p.m.)

Date: May 24, 2021 Time: 12:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 143 (Public Act No. 18), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe 814 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 609 (MCL 436.1609), as amended by 2016 PA 81. (Filed with the Secretary of State on May 25, 2021, at 2:48 p.m.)

Date: May 24, 2021 Time: 12:44 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 144 (Public Act No. 19), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending sections 105, 107, 109, 111, 113, 113a, 301, 305, 307, 521, 525, 537, 603, and 610 (MCL 436.1105, 436.1107, 436.1109, 436.1111, 436.1113, 436.1113a, 436.1301, 436.1305, 436.1307, 436.1521, 436.1525, 436.1537, 436.1603, and 436.1610), section 105 as amended by 2018 PA 414, section 107 as amended by 2019 PA 126, section 109 as amended by 2020 PA 120, section 111 as amended by 2020 PA 115, section 113 as amended by 2018 PA 405, section 113a as amended by 2018 PA 416, section 301 as amended by 2020 PA 110, section 307 as amended by 2020 PA 114, section 521 as amended by 2006 PA 502, section 525 as amended by 2016 PA 434, section 537 as amended by 2020 PA 117, section 603 as amended by 2018 PA 407, and section 610 as added by 2016 PA 106. (Filed with the Secretary of State on May 25, 2021, at 2:50 p.m.) Respectfully, Gretchen Whitmer Governor

Senators LaSata and Shirkey entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of General Orders

Senators Santana and Hollier entered the Senate Chamber.

Senator Lauwers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Alexander as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 435, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701 and 2711 (MCL 333.2701 and 333.2711), section 2701 as amended by 2016 PA 499 and section 2711 as amended by 2014 PA 172. No. 48] [May 26, 2021] JOURNAL OF THE SENATE 815

House Bill No. 4043, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 151 (MCL 330.1151), as added by 2018 PA 658.

House Bill No. 4044, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 165 (MCL 330.1165), as added by 2020 PA 12.

House Bill No. 4448, entitled A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132. 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. 246, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2705 (MCL 333.2705), as amended by 2016 PA 499. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

During the Committee of the Whole, Senator Geiss entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of Resolutions

Senator VanderWall offered the following resolution: Senate Resolution No. 56. A resolution to designate May 2021 as Motorcycle Safety Awareness Month. Whereas, Michigan has 243,483 registered motorcycles and 503,110 individuals who have operator licenses with a motorcycle endorsement; and Whereas, The safe operation of a motorcycle requires the use of special skills developed through a combination of training and expertise, the use of good judgment, and a thorough knowledge of traffic laws and licensing requirements; and Whereas, The use of proper protective riding apparel is an important part of a motorcycle operator’s responsibility; and Whereas, The advocacy of motorcycle safety awareness is a cooperative effort to decrease the number of injuries and fatalities associated with motorcycling; and Whereas, The promotion of motorcycle rider education programs available through the Michigan Department of State, including recommendations that motorcycle operators wear the proper gear, in addition to driving their vehicles defensively and cautiously, is intended to reduce the number of crashes; and Whereas, The emergence of spring is synonymous with the return of motorcycle enthusiasts to our roadways. Throughout Michigan, motorcyclists are on the cutting edge of supporting the wise and sensible use of this enjoyable mode of travel; and Whereas, Indeed, the disproportionate number of motorcycle fatalities make it vitally important to encourage motorcyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and Whereas, Motorcycle Safety Awareness Month encourages motorcycle operators to wear proper protective riding attire, maintain their motorcycles using safety and maintenance checks found in the owner’s manual, abide by the laws of the road, and implement operating techniques that provide an additional standard of safety; and Whereas, Car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways and all are advised to be exceptionally vigilant and watchful when approaching or passing a motorcycle; now, therefore, be it 816 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Resolved by the Senate, That the members of this legislative body designate May 2021 as Motorcycle Safety Awareness Month. We encourage all of Michigan’s citizens to participate in the aims and goals of this safety effort. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Lauwers moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Horn was named co-sponsor of the resolution.

Senator VanderWall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator VanderWall’s statement is as follows: Senate Resolution No. 56 would declare May 2021 as Motorcycle Safety Awareness Month. As an avid rider, this is an issue that is near and dear to my heart. Heading into summer months, motorcycle enthusiasts are starting to take to the roads in great numbers. Unfortunately, Michigan has been trending in the wrong direction over the last few years when it comes to motorcycle safety. The disproportionate number of motorcycle fatalities makes it vitally important to encourage motorcyclists to understand and practice the highest degree of safety. It is also to remind other drivers that the highway is shared by both motorcycles and other vehicles and it’s beneficial to all parties that are traveling on the roadways. I please ask that you don’t text while driving and always keep your eyes on the road. To mark Motorcycle Safety Awareness Month, I’m encouraging all motorcyclists to be aware of their surroundings, maintain their motorcycles as recommended, abide by the laws of the road, and implement operating techniques that provide an additional standard of safety. I also am imploring that car and truck drivers be exceptionally vigilant and watchful when approaching or passing motorcycles. Please pay extra attention for motorcycles that are sharing the road with you. I ask for support for this important resolution recognizing May 2021 as Motorcycle Safety Awareness Month.

House Concurrent Resolution No. 5. A concurrent resolution to reaffirm states’ rights under the United States Constitution to establish election laws. Whereas, Traditionally, and as empowered through the U.S. Constitution, states set and administer their own election policies. While there is some congressional power regarding election laws, state legislatures are the proper bodies and best-suited to set laws on election matters; and Whereas, Federal legislation that seeks to regulate registration, voting, and other election matters, like H.R. 1 of 2021, represents a massive overreach into state election administration. H.R. 1 would force many misguided policies upon states, such as impeding the maintenance of voter registration rolls to be accurate and up-to-date, hampering the enforcement of sensible voter identification standards, and banning the regulation of ballot harvesting. These and other items in the legislation have the effect of federalizing state elections, are conducive to chaos in elections administration, and invite voter fraud. Such legislation is simply an unwanted and unwarranted intrusion into the power of states to administer elections. Every state knows best how to conduct its elections; and Whereas, Any election reform efforts should be left to the states and focus on ensuring that the system is safe, secure, and fair. Citizens deserve to know that the outcome of elections are free from fraud and irregularities, with policies to this effect rightly set by each state; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we reaffirm states’ rights under the United States Constitution to establish election laws; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Lauwers moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. No. 48] [May 26, 2021] JOURNAL OF THE SENATE 817

The question being on the adoption of the concurrent resolution, Senator Lauwers moved that the concurrent resolution be referred to the Committee on Elections. The motion prevailed.

By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills

Senators Horn, Zorn, McBroom and VanderWall introduced Senate Bill No. 485, entitled A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 2 (MCL 423.232), as amended by 2011 PA 116. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.

Senator Hertel entered the Senate Chamber.

Senator McBroom introduced Senate Bill No. 486, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43540e (MCL 324.43540e), as added by 2012 PA 520. The bill was read a first and second time by title and referred to the Committee on Natural Resources.

House Bill No. 4295, entitled A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 402 (MCL 333.27402), as amended by 2018 PA 582. 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 Regulatory Reform.

House Bill No. 4501, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 38. 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 Economic and Small Business Development.

House Bill No. 4698, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 499. 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.

By unanimous consent the Senate returned to the order of Messages from the House

Senator Lauwers moved that a respectful message be sent to the House of Representatives requesting the return of the following bill: House Bill No. 4376 The motion prevailed.

Senator Lauwers moved that consideration of the following bill be postponed for today: Senate Bill No. 85 The motion prevailed. 818 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Senator Ananich entered the Senate Chamber.

Senate Bill No. 77, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 795.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 212 Yeas—0

Nays—36

Alexander Daley MacDonald Santana Ananich Geiss McBroom Schmidt Barrett Hertel McCann Shirkey Bayer Hollier McMorrow Stamas Bizon Horn Moss Theis Brinks Irwin Nesbitt VanderWall Bullock Johnson Outman Victory Bumstead LaSata Polehanki Wojno Chang Lauwers Runestad Zorn

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 79, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 795.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 213 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 80, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 795.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 214 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 81, 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 years ending September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 795.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 215 Yeas—0

Nays—36

Alexander Daley MacDonald Santana Ananich Geiss McBroom Schmidt 820 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Barrett Hertel McCann Shirkey Bayer Hollier McMorrow Stamas Bizon Horn Moss Theis Brinks Irwin Nesbitt VanderWall Bullock Johnson Outman Victory Bumstead LaSata Polehanki Wojno Chang Lauwers Runestad Zorn

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 82, 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, 2022; to place conditions on the appropriations; 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. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 796.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 216 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 83, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 25i, No. 48] [May 26, 2021] JOURNAL OF THE SENATE 821

26a, 26b, 26c, 28, 29a, 31a, 31d, 31f, 31j, 31m, 31n, 32d, 32p, 35a, 35b, 35d, 35e, 35f, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 98d, 99h, 99i, 99s, 99t, 99u, 99w, 99x, 99z, 101, 104, 104a, 104f, 104g, 105, 105c, 107, 147, 147a, 147b, 147c, 147e, 152a, and 152b (MCL 388.1604, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1625i, 388.1626a, 388.1626b, 388.1626c, 388.1628, 388.1629a, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631m, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1635d, 388.1635e, 388.1635f, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1698d, 388.1699h, 388.1699i, 388.1699s, 388.1699t, 388.1699u, 388.1699w, 388.1699x, 388.1699z, 388.1701, 388.1704, 388.1704a, 388.1704f, 388.1704g, 388.1705, 388.1705c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, and 388.1752b), section 4 as amended by 2019 PA 58, sections 6, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 74, 81, 94, 94a, 95b, 98, 99h, 99s, 99t, 99u, 99w, 99x, 101, 104, 105, 105c, 107, 147, 147a, 147c, 147e, and 152a as amended by 2020 PA 165, section 6a as amended by 2020 PA 149, sections 11, 21f, and 31n as amended by 2021 PA 3, sections 19, 147b, and 152b as amended by 2018 PA 265, sections 25i, 29a, 35d, 35e, 35f, 67a, 98d, 99i, 99z, 104f, and 104g as added by 2020 PA 165, section 31m as added by 2018 PA 265, section 104a as added by 2021 PA 3, and by adding sections 20m, 25k, 26d, 31p, 51g, 51h, 61g, 78, 94c, 97, 98b, 98e, and 167c; and to repeal acts and parts of acts. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 796.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 217 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 84, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 797.) 822 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 218 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 86, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; to establish certain fees in connection with certain appropriations; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 797.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 219 Yeas—0

Nays—36

Excused—0 No. 48] [May 26, 2021] JOURNAL OF THE SENATE 823

Not Voting—0

In The Chair: President

Senate Bill No. 87, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 797.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 220 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 88, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2022; to make appropriations for capital outlay projects; to provide for conditions on the appropriations; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 797.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 221 Yeas—0

Nays—36

Alexander Daley MacDonald Santana Ananich Geiss McBroom Schmidt 824 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 89, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 797.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 222 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senator Brinks asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Brinks’ statement is as follows: I often say that I have the best team in Lansing—and I mean it. For the last two years, that is in no small part because of somebody we have to bid farewell to today in my office—Emma Repp. It is with sadness that I have to rise, but it is also with gratitude, of course, for her service to me, to our staff, and to the people of the 29th District. No. 48] [May 26, 2021] JOURNAL OF THE SENATE 825

Emma has been our constituent services—front desk, as we like to say—director for all of the pandemic, and the better part of the last two years. She has been exceedingly patient, kind, empathetic, hard-working, and conscientious. She has been the consummate team player. She’s excellent at responding to the ever- changing schedule—and everybody in this room knows how important that is, and you know that the person in charge of the schedule is really the most important person in the office. But really, to me I think, she’s been the most important person in our office because of the service she has provided to the people of the 29th District in this very difficult year especially. The work that she has done to help constituents has just been unmatched. She has been, as I said, patient, kind, empathetic. If you have ever had the opportunity to listen to your staff members as they talk to your constituents from the other room, you know what kind of special person it takes to truly listen to people when they’re having a crisis, to truly understand what it is they need from you and how you can help them. Emma has just been without question excellent on all scores. She will be incredibly missed by not just me, but by the rest of my team who are up in the Gallery today, and by the constituents of the 29th District. Emma, we wish you well in your future endeavors, we thank you, and I ask my colleagues to join me in thanking you for the service to the people of the state of Michigan.

Senate Bill No. 90, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 798.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 223 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 91, entitled A bill to make appropriations for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 798.) 826 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 224 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 92, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1) and immediate effect, and was laid over under the rules. See Senate Journal No. 47, p. 798.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 225 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President No. 48] [May 26, 2021] JOURNAL OF THE SENATE 827

Senate Bill No. 93, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236c, 238, 241, 245, 245a, 252, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274d, 275f, 276, 277, 278, 279, 280, 281, 281a, 282, 285, 286, and 291 (MCL 388.1836, 388.1836c, 388.1838, 388.1841, 388.1845, 388.1845a, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874d, 388.1875f, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1881a, 388.1882, 388.1885, 388.1886, and 388.1891), sections 236, 236c, 238, 241, 245, 245a, 256, 263, 264, 265, 265b, 267, 268, 269, 276, 277, 278, 279, 280, 281, and 282 as amended by 2020 PA 165, section 252 as amended by 2019 PA 162, sections 259, 260, 270c, 275f, and 281a as added by 2020 PA 165, section 274d as amended by 2018 PA 265, sections 285 and 291 as amended by 2012 PA 201, section 286 as amended by 2015 PA 85, and by adding sections 236i, 275j, and 286b; and to repeal acts and parts of acts. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 798.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 226 Yeas—0

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 94, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 206, 207a, 207b, 207c, 209a, 210b, 220, 222, 223, 226d, 229, 229a, and 230 (MCL 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809a, 388.1810b, 388.1820, 388.1822, 388.1823, 388.1826d, 388.1829, 388.1829a, and 388.1830), sections 201, 206, 207a, 207b, 207c, 209a, 222, 223, 229, 229a, and 230 as amended by 2020 PA 165, section 210b as amended by 2019 PA 52, section 220 as amended by 2016 PA 249, section 226d as added by 2020 PA 165, and by adding sections 201e, 210g, and 226f; and to repeal acts and parts of acts. (This bill was returned from the House on Tuesday, May 25, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 47, p. 798.) The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 227 Yeas—0 828 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Nays—36

Excused—0

Not Voting—0

In The Chair: President

Third Reading of Bills

The following bill was read a third time: Senate Bill No. 440, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 22224b. 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. 228 Yeas—36

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill. No. 48] [May 26, 2021] JOURNAL OF THE SENATE 829

Senator Brinks asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Brinks’ statement is as follows: I just stand very briefly to say thank you to the Senator from the 35th District and to thank him for his work with me on this bill and to acknowledge the hard work that’s gone into getting it this far. We will continue to work on it as it moves over to the other chamber, but I thank you all for your support and I urge a “yes” vote.

The following bill was read a third time: Senate Bill No. 459, entitled A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2014 PA 17. 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. 229 Yeas—33

Alexander Geiss MacDonald Santana Ananich Hertel McBroom Schmidt Bayer Hollier McCann Shirkey Bizon Horn McMorrow Stamas Brinks Irwin Moss VanderWall Bullock Johnson Nesbitt Victory Bumstead LaSata Outman Wojno Chang Lauwers Polehanki Zorn Daley

Nays—3

Barrett Runestad Theis

Excused—0

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 Statements

Senator Moss asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Moss’ statement is as follows: My mom doesn’t fly—and that’s a whole other speech—but because she doesn’t fly, family vacations growing up were always road trips, and every winter we’d drive a two-day trip down to Florida that included an overnight stay in Tennessee or Georgia. Those trips kind of blend together in my memory, but there was one stop for dinner at a roadside diner that I vividly remember. I must have been about eight or nine and my sister and I were on one side of the booth and our parents were on the other side of the booth, and behind them was an older couple talking to each other while reading the newspaper. I couldn’t make out what they were saying. As we got up to leave, my dad turned to the older couple and I remember the exact phrase he told them in a way that only my dad speaks. “Next time, cut out the antisemitism.” 830 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Turns out, this couple had been reading the newspaper and my parents overheard them blame every problem, every societal ill, every bad headline in the newspaper on Jews. As a kid, I kind of broadly understood the notion that Jews had a history of being persecuted and targeted just because we are Jews. That history is central to the annual telling of the story of Passover, it’s central to Holocaust survivors who recount the horrors that they confronted, and I know my own family history—all of my great-grandparents fled their homes from eastern Europe for America in the early 1900s to escape rampant persecution of Jews— but I had never personally witnessed or experienced active, intentional disdain, disgust, hatred toward Jewish people until that moment with the couple at that diner. It was unnerving, especially for a young child. What I’ve heard and seen over the last few years, however, even in the last few weeks, makes that story at the diner seem quaint. Hatred of Jews today is more brazen, it’s more violent, and it’s getting worse very fast. High profile shootings of synagogues across the country, vandalism of synagogues here in Michigan— in Hancock and Grand Rapids—white nationalist rallies chanting ‘Jews will not replace us,’ not to mention the ugly antisemitic slogans and signs that we all saw on the Capitol grounds here last spring. According to the Anti-Defamation League, antisemitic incidents were at an historically high level across the country in the United States in 2020 with more than 2,000 reported incidents of assault, harassment, and vandalism. Here in Michigan, cases of antisemitism rose by 21 percent in 2020—that’s a spike of a staggering 240 percent since 2016. In Oakland County where I represent—and it’s home to the greatest proportion of Jews in Michigan—we experienced a record 35 antisemitic incidents over the past four years, accounting for nearly 25 percent of Michigan’s total antisemitic incidents, and that’s just what’s reported. Just this month, in May 2021, during Jewish-American Heritage Month no less, we’ve heard the vitriol on the far right and the far left. Earlier this month, a Michigan House committee hearing compared the public health response of the pandemic to the Holocaust, perverting what antisemitism is, thereby giving space to people to minimize it when it occurs. There’s also been broad generalizations of a nuanced and complicated conflict in the Middle East that deserves so much more critical analysis than can fit into the 280 characters that some people have been overly eager to tweet. That rhetoric has consequences too. The ADL tracked a 62 percent increase in antisemitic incidents in the U.S. during the two weeks of the most recent conflict compared to the two weeks before, including brutal beatings of American Jews, vandalism of Jewish institutions, and 17,000 tweets using a variation of the phrase ‘Hitler was right’ between May 7 and May 14. This is worthy of our strongest condemnation, or as my dad would say, Cut out the antisemitism. It’s a tough time to be Jewish in America when incendiary words lead to violent actions. Jews intimately know it can lead to even worse. I’m proud to be Jewish, but that doesn’t mean at times it isn’t an isolating, lonely experience. This moment requires leaders—both Jewish and non-Jewish—to stand up and call out the hatred of Jewish people wherever it exists, even if it’s in our own political circles. I hope my colleagues on both sides of the aisle will heed this call.

Announcements of Printing and Enrollment

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 25: House Bill Nos. 4295 4501 4698

The Secretary announced that the following bills were printed and filed on Tuesday, May 25, and are available on the Michigan Legislature website: Senate Bill Nos. 473 474 475 476 477 478 479 480 481 482 483 484 House Bill Nos. 4895 4896 4897 4898 4899 4900 4901 4902 4903 4904 4905 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917 4918 4919 4920

Committee Reports

The Committee on Energy and Technology reported Senate Bill No. 372, entitled A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending section 309 (MCL 484.2309), as amended by 2011 PA 58. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dan Lauwers Chairperson No. 48] [May 26, 2021] JOURNAL OF THE SENATE 831

To Report Out: Yeas: Senators Lauwers, Horn, LaSata, Nesbitt, Barrett, Bumstead, Bizon, Schmidt, McCann, Brinks, McMorrow and Bullock Nays: None The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following: Meeting held on Tuesday, May 25, 2021, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Lauwers (C), Horn, LaSata, Nesbitt, Barrett, Bumstead, Bizon, Schmidt, McCann, Brinks, McMorrow and Bullock

The Committee on Oversight reported Senate Bill No. 458, entitled A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 10.2 to 15.39) by adding section 3. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. Ed McBroom Chairperson To Report Out: Yeas: Senators McBroom, Theis and Bizon Nays: Senator Irwin The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Oversight submitted the following: Meeting held on Tuesday, May 25, 2021, at 1:00 p.m., Room 403, 4th Floor, Capitol Building Present: Senators McBroom (C), Theis, Bizon and Irwin

COMMITTEE ATTENDANCE REPORT

The Committee on Education and Career Readiness submitted the following: Meeting held on Tuesday, May 25, 2021, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Theis (C), Horn, Runestad, Daley, Polehanki and Geiss

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following: Meeting held on Tuesday, May 25, 2021, at 3:00 p.m., Harry T. Gast Appropriations Room 3rd Floor, Capitol Building Present: Senators Nesbitt (C), Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno Excused: Senator Theis

Scheduled Meetings

Health Policy and Human Services – Thursday, May 27, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323

Judiciary and Public Safety – Thursday, May 27, 9:05 a.m., Room 403, 4th Floor, Capitol Building (517) 373-5312 832 JOURNAL OF THE SENATE [May 26, 2021] [No. 48

Senator Lauwers moved that the Senate adjourn. The motion prevailed, the time being 10:57 a.m.

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, May 27, 2021, at 10:00 a.m.

MARGARET O’BRIEN Secretary of the Senate