The Joint Committee on Administrative Rules submitted the following:

Meeting held on Tuesday, March 22, 2022, at 9:00 a.m., Room 1100, Binsfeld Office Building

Present: Senators Bumstead (C), McBroom, Theis, Hollier and Irwin

The following communication was received:

Office of Senator Erika Geiss

March 22, 2022

Please list me as a co-sponsor for Senate Bill 969 of 2022 as introduced by Senator Dayna Polehanki. Do not hesitate to reach out to my office if there are any questions or concerns.

Sincerely,

Erika Geiss

State Senator, 6th District

Democratic Caucus Chair

The communication was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator Ananich entered the Senate Chamber.

Senator Lauwers moved that the Senate proceed to consideration of the following bill:

House Bill No. 5541

The motion prevailed.

The following bill was read a third time:

House Bill No. 5541, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 934, and 946 (MCL 600.931, 600.934, and 600.946), section 931 as amended by 2000 PA 86 and section 934 as amended by 2020 PA 369, and by adding section 935.

The question being on the passage of the bill,

Senator Johnson offered the following amendment:

1. Amend page 5, line 26, after “ examiners ” by striking out the comma and “ in its discretion, may ” and inserting “ shall ”.

The amendment was not adopted, a majority of the members serving not voting therefor.

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. 100 Yeas—35

Alexander Daley McBroom Shirkey

Ananich Hertel McCann Stamas

Barrett Hollier McMorrow Theis

Bayer Horn Moss VanderWall

Bizon Huizenga Nesbitt Victory

Brinks Irwin Outman Wojno

Bullock LaSata Polehanki Wozniak

Bumstead Lauwers Santana Zorn

Chang MacDonald Schmidt

Nays—2

Johnson Runestad

Excused—1

Geiss

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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

Protests

Senators Johnson and Runestad, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5541.

Senator Johnson moved that the statement she made during the discussion of the amendment she offered to the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Johnson’s statement, in which Senator Runestad concurred, is as follows:

I ask my colleagues to support this amendment which would require that the bar exam in Michigan continue to have a component specific to Michigan law. I believe it is not unreasonable if someone wants to practice law in Michigan, that they be asked to demonstrate they have some familiarity with Michigan law. The current test includes a component specific to Michigan law and so I feel to pass this bill without such a requirement would serve to diminish standards in Michigan. I appreciate that the current Board of Law Examiners has expressed their intent to include a specific Michigan component for the bar exam, but the current language in the bill—which states that it is “in its discretion” and that they “may” do this—would allow any future boards to abolish this requirement at any time. I feel this requirement should be set in statute—that is our job—rather than to be totally discretionary and subject to change at any time with no additional legislative review or oversight. Thank you for consideration of this amendment, and Mr. President, should this amendment be defeated, I ask that you allow these comments to serve as my “no” vote explanation and be printed in the Journal.

The following bill was read a third time:

House Bill No. 4994, entitled

A bill to allow for the donation of unclaimed shoes held by persons engaged in the business of shoe repair.

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. 101 Yeas—37

Alexander Hertel McBroom Schmidt

Ananich Hollier McCann Shirkey

Barrett Horn McMorrow Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Santana Zorn

Daley

Nays—0

Excused—1

Geiss

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.

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 726, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2020 PA 267.

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. 102 Yeas—34

Alexander Hertel McBroom Schmidt

Ananich Hollier McCann Shirkey

Barrett Horn McMorrow Theis

Bayer Huizenga Moss VanderWall

Bizon Irwin Nesbitt Victory

Brinks Johnson Outman Wojno

Bumstead LaSata Polehanki Wozniak

Chang Lauwers Santana Zorn

Daley MacDonald

Nays—2

Runestad Stamas

Excused—1

Geiss

Not Voting—1

Bullock

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4205, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82103 (MCL 324.82103), 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. 103 Yeas—37

Alexander Hertel McBroom Schmidt

Ananich Hollier McCann Shirkey

Barrett Horn McMorrow Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Santana Zorn

Daley

Nays—0

Excused—1

Geiss

Not Voting—0

In The Chair: President

Senator Lauwers moved that the bill be given immediate effect.

The motion prevailed, 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4206, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82118 (MCL 324.82118), as amended by 2010 PA 371.

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. 104 Yeas—37

Alexander Hertel McBroom Schmidt

Ananich Hollier McCann Shirkey

Barrett Horn McMorrow Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Santana Zorn

Daley

Nays—0

Excused—1

Geiss

Not Voting—0

In The Chair: President

Senator Lauwers moved that the bill be given immediate effect.

The motion prevailed, 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4332, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2017 PA 199.

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. 105 Yeas—37

Alexander Hertel McBroom Schmidt

Ananich Hollier McCann Shirkey

Barrett Horn McMorrow Stamas

Bayer Huizenga Moss Theis

Bizon Irwin Nesbitt VanderWall

Brinks Johnson Outman Victory

Bullock LaSata Polehanki Wojno

Bumstead Lauwers Runestad Wozniak

Chang MacDonald Santana Zorn

Daley

Nays—0

Excused—1

Geiss

Not Voting—0

In The Chair: President

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Daley, Huizenga, Victory, Nesbitt, Bumstead, Lauwers and VanderWall introduced

Senate Bill No. 977, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” by amending section 8 (MCL 290.658), as amended by 2002 PA 601.

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

Senator Schmidt introduced

Senate Bill No. 978, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 558 (MCL 168.558), as amended by 2021 PA 158.

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

Senator Schmidt introduced

Senate Bill No. 979, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 761, 765a, 766, and 767 (MCL 168.761, 168.765a, 168.766, and 168.767), section 761 as amended by 2020 PA 302, section 765a as amended by 2020 PA 177, section 766 as amended by 2018 PA 120, and section 767 as amended by 2005 PA 71, and by adding sections 766a and 766b.

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

Senator Schmidt introduced

Senate Bill No. 980, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759 (MCL 168.759), as amended by 2020 PA 302.

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

Recess

Senator Lauwers moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:29 a.m.

10:35 a.m.

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

By unanimous consent the Senate returned to the order of

General Orders

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 Wozniak as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, t he Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 940, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 101, 104b, and 104c (MCL 388.1606, 388.1701, 388.1704b, and 388.1704c), sections 6, 101, and 104c as amended by 2021 PA 48 and section 104b as amended by 2018 PA 265.

Senate Bill No. 941, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249, 1249b, 1279g, and 1280g (MCL 380.1249, 380.1249b, 380.1279g, and 380.1280g), section 1249 as amended by 2019 PA 6, section 1249b as amended by 2019 PA 5, section 1279g as amended by 2016 PA 170, and section 1280g as added by 2018 PA 601, and by adding section 1280h.

The bills were placed on the order of Third Reading of Bills.

Announcements of Printing and Enrollment

The Secretary announced that the following bills and resolution were printed and filed on Tuesday, March 22, and are available on the Michigan Legislature website:

Senate Bill Nos. 975 976

Senate Resolution No. 119

House Bill Nos. 5939 5940 5941 5942 5943 5944 5945 5946 5947 5948 5949 5950 5951 5952 5953 5954 5955

Committee Reports

The Committee on Education and Career Readiness reported

Senate Bill No. 380, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280i.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Lana Theis

Chairperson

To Report Out:

Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss

Nays: None

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

The Committee on Education and Career Readiness reported

Senate Bill No. 381, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531e.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Lana Theis

Chairperson

To Report Out:

Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss

Nays: None

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

The Committee on Education and Career Readiness reported

Senate Bill No. 382, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2018 PA 235.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Lana Theis

Chairperson

To Report Out:

Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss

Nays: None

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

The Committee on Education and Career Readiness reported

Senate Bill No. 383, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280h.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Lana Theis

Chairperson

To Report Out:

Yeas: Senators Theis, Horn, Runestad, Daley, Huizenga, Polehanki and Geiss

Nays: None

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

The Committee on Education and Career Readiness reported

Senate Bill No. 925, entitled

A bill to establish a learning loss recovery grant program; to establish a learning loss recovery fund; to provide for certain grants; to prescribe conditions for the use of grant funds; to prescribe for the use of money in the learning loss recovery fund; to provide for the administration of the learning loss recovery grant program; to provide for the administration of the learning loss recovery fund; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to make appropriations to the learning loss recovery fund.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Lana Theis

Chairperson

To Report Out:

Yeas: Senators Theis, Horn, Runestad, Daley and Huizenga

Nays: Senators Polehanki and Geiss

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