STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Friday, December 18, 2020.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:02 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—excused Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator Mike Shirkey of the 16th District offered the following invocation:
Heavenly Father, we thank You for yet another day to arrive at a place sacred to us and sacred to those we serve. Give us the wisdom, courage, and strength to sift through the noise that comes with this kind of season. Let us continue to focus on the things that we really need to focus on—not the wants, but the needs. Lord, we ask that You would remind us of the real reason for this season and to depend and lean in heavily into the fact that we can celebrate Your marvelous and magnificent gift of Your Son, bringing Him into this world on our behalf to address all of our frailties and all of our sins and all of the problems we have as human beings, should we choose to acknowledge.
Lord, I’m reminded of Jeremiah 29:11 about the fact that You know the plans You have for us, and they are good, but we also must reflect upon the previous verses of that passage in the Bible that says there will be many decades and many challenges ahead of that, and that we just need to survive and be able to navigate those. The only way to do so is to lean on You and trust You.
Bless this session today. Bless the people who are here. Send the Holy Spirit to every one of our hearts as we make these proceedings work hopefully to the glory of You. It is Your precious Son’s name we pray. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Senator Irwin entered the Senate Chamber.
Motions and Communications
Senator MacGregor moved that Senator Lucido be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator Santana be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed, a majority of the members serving voting therefor.
Senator MacGregor moved that rule 3.311 be suspended.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5470, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1220 (MCL 380.1220), as added by 2015 PA 111.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
House Bill No. 5470
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5551, entitled
A bill to amend
1994 PA 451, entitled “Natural resources and environmental protection act,” by
amending section 82113 (MCL 324.82113), as amended by 1998 PA 297.
House Bill No. 5684, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82105, 82114, 82118, and 82119 (MCL 324.82105, 324.82114, 324.82118, and 324.82119), sections 82105 and 82114 as amended by 2012 PA 28, section 82118 as amended by 2010 PA 371, and section 82119 as amended by 2005 PA 307.
House Bill No. 5685, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 215, 226a, 234, and 243 (MCL 257.215, 257.226a, 257.234, and 257.243), section 226a as amended by 2006 PA 516, section 234 as amended by 2002 PA 552, and section 243 as amended by 1989 PA 299.
House Bill No. 5686, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 802 (MCL 257.802), as amended by 2019 PA 88.
House Bill No. 5687, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80141 (MCL 324.80141), as amended by 2018 PA 400.
House Bill No. 5688, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 255 (MCL 257.255), as amended by 2020 PA 127.
House Bill No. 5689, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82120 (MCL 324.82120), as added by 1995 PA 58.
House Bill No. 5690, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 306 (MCL 257.306), as amended by 2020 PA 127.
House Bill No. 5691, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 244 (MCL 257.244), as amended by 2013 PA 231.
House Bill No. 5692, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82122 and 82123 (MCL 324.82122 and 324.82123), as added by 1995 PA 58.
House Bill No. 5693, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81122 (MCL 324.81122), as amended by 2013 PA 119.
House Bill No. 5694, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43560 (MCL 324.43560), as added by 1995 PA 57.
House Bill No. 5695, entitled
A bill to amend
1994 PA 451, entitled “Natural resources and environmental protection act,” by
amending section 48738 (MCL 324.48738), as amended by 2014 PA 541.
House Bill No. 5696, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending section 15 (MCL 207.225).
House Bill No. 5697, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40118 and 43558 (MCL 324.40118 and 324.43558), section 40118 as amended by 2017 PA 124 and section 43558 as amended by 2013 PA 108.
House Bill No. 5698, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801e (MCL 257.801e), as amended by 1983 PA 91.
House Bill No. 5699, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 311 and 907 (MCL 257.311 and 257.907), section 311 as amended by 1983 PA 63 and section 907 as amended by 2015 PA 126.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
House Bill No. 5551
House Bill No. 5684
House Bill No. 5685
House Bill No. 5686
House Bill No. 5687
House Bill No. 5688
House Bill No. 5689
House Bill No. 5690
House Bill No. 5691
House Bill No. 5692
House Bill No. 5693
House Bill No. 5694
House Bill No. 5695
House Bill No. 5696
House Bill No. 5697
House Bill No. 5698
House Bill No. 5699
The motion prevailed, a majority of the members serving voting therefor.
Senator Santana entered the Senate Chamber.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:13 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Geiss 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:
A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending sections 2, 3a, 4, 8, 9, 10, and 11 (MCL 333.1052, 333.1053a, 333.1054, 333.1058, 333.1059, 333.1060, and 333.1061), sections 2 and 11 as amended by 2017 PA 157 and section 3a as added and sections 4, 8, 9, and 10 as amended by 2013 PA 155, and by adding section 3b.
House Bill No. 5418, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1180 and 1181.
House Bill No. 5419, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5215 (MCL 700.5215), as amended by 2000 PA 469.
House Bill No. 5024, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 4a.
House Bill No. 5025, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as amended by 2015 PA 248, and by adding section 3c.
House Bill No. 5470, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1220 (MCL 380.1220), as added by 2015 PA 111.
House Bill No. 6333, entitled
A bill to amend 1893 PA 58, entitled “An act to provide for selecting seats for members in the hall of the house of representatives,” by amending section 1 (MCL 4.61).
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4223, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 93 and sections 9307 and 9321 (MCL 333.9307 and 333.9321) and by adding sections 9312 and 9316.
Substitute (S-3)
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 5, following line 17, by inserting:
“(10) This section does not apply beginning January 1, 2024.”.
House Bill No. 4816, entitled
A bill relating to the promotion of regional convention business and tourism in this state and certain regions of this state; to provide for tourism and convention financing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention financing and promotion programs; to provide for the disbursement of the assessments; to establish the oversight functions and duties of certain state departments, state agencies, and state employees; and to prescribe penalties and remedies.
Substitute (S-1)
The following are the amendments to the substitute recommended by the Committee of the Whole:
2. Amend page 3, line 3, after “census” by inserting “and that levies an excise tax under 1974 PA 263, MCL 141.861 to 141.867”.
3. Amend page 4, line 22, after “assessment” by inserting “and the votes actually cast at the referendum represent 60% or more of the total rooms in those transient facilities”.
4. Amend page 4, line 28, after “assessment” by inserting “or if less than 60% of the total rooms are represented in the votes actually cast at the referendum”.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Santana’s statement is as follows:
Last night, we were heartbroken to learn that heaven gained another angel by way of our brother and friend Benny Napoleon who fought so hard to beat COVID-19. A Detroit native, Benny was a bright spot in our community who was immensely proud of his city and the opportunities it afforded him. He selflessly served on the police force in Detroit for 45 years, with the past eleven of those years as Wayne County Sheriff, a position he was just re-elected to in early November.
While Benny appeared tough on the outside, his leadership style came from the inside, driven by kindness and empathy. He always looked out for his team and made sure he was there when they needed him—whether it was simply to drop more PPE off at the station so everyone remained safe, or to lend a supportive ear and a firm hug when tragedy struck. Benny was also fiercely devoted to his family who are now grappling with his tragic passing at 65, way too young.
The city of Detroit’s motto is an old Latin saying that translates to, “We hope for better things; it shall arise from the ashes.” These words are just as applicable now as they were back in 1805 when they were first penned and serve to remind us of the resilience of Detroiters. While our friend may be gone, the hope that he shared and instilled in all of us rises and lives on.
To Benny’s daughter Tiffani and all of his family, please take comfort in knowing that Benny didn’t depart the earth alone. His tremendous community of supporters were constantly holding him in their hearts and uplifting him in their prayers, just as we surround yours now too in this time of tremendous grief. As Benny wrote in one of his last Facebook posts, “To God be the glory.” May he rest in power, and may Detroiters never forget Benny Napoleon’s love for each of us and our great city.
What else can be said about the man who has done it all? You protected us, sacrificed for us, you led us in times of uncertainty, you set a standard that all elected officials should follow. You were always a gentleman, cordial, polite, and kind. And unlike other politicians, you did not simply hand out jobs. You helped people exceed in their careers. You have every accolade that an honorable man can earn.
Many things can be said about a man who gives so much of himself, but the one thing that is absolutely true about Benny is that he never gave up on Detroit. He stayed committed to our city, committed to the public service commitment, and his family knows him in the Detroiter family. His smile and laughter could always take over a room. His warm personality and his charming ways will always remind us that a police officer is our friend, not our enemy.
We may have lost a physical presence, but the lessons you leave behind will forever be with us. Be kind, but fair. Be strong, but gentle. Be visionary, not short-sighted. Love, protect, and respect your family in good times and in bad.
All I can say, Benny Napoleon, is we’re thankful for your help and guidance and your conversations and opportunities. Rest easy brother. Enjoy golf.
Senator Bullock’s statement is as follows:
I stood here last week and said we lost a true servant in Jewel Ware. And now as I try and catch my breath, for I am truly, truly saddened. Yesterday, Detroit, Wayne County, the state, and this country, lost a pillar of the people, especially among law enforcement with the passing of Sheriff Benny Napoleon. My colleague from the 3rd District gave you some great insight and history on this son of a preacher; an inner-city kid from Detroit who was a pretty good athlete; Detroit Public Schools-educated; and after graduating from Cass Tech High School, immediately joined the police force in 1975. He was a superstar on the force and rose through the ranks, becoming the chief of police during Mayor Dennis Archer’s terms. All the while he was attending the University of Detroit, getting his degree and eventually earning a law degree.
Somewhere in this timeframe is where I met Benny. And then it started in passing more frequently. Fortunately, it was not due to my youthful indiscretions, so it wasn’t because I was in trouble with the law. However, he eventually went on to become Wayne County Deputy Executive and currently as of yesterday the sheriff. I only have one biological uncle, so Benny, his nephews, are my friends, so affectionately he is ‘Uncle Benny’ to me. And so we talked about these things. I won’t be able to sit with him and have one‑on‑one dinners. You never know anybody’s relationships sometimes, but Benny was a mentor to me. He treated me like one of his nephews. I remember we were just together just before the election along with the Lieutenant Governor doing the Roland Martin show over on the west side of town in my district. And we hugged and talked and laughed and tried to stay—we talked about his brother, who also had COVID. I just want you to understand, COVID is real and for those of you who don’t know anyone that has passed, I’m probably hitting 50 right now on people who have passed away. And so when we play politics with peoples’ lives, it gets real. So I just want to say that.
But we want to put out prayers to Tiffani, his grandson, the Wayne County team, Warren Evans, and the city of Detroit, because this guy was really the person who gave me a lot of insight on how to really do police reform. You know a lot of his ideas are great ideas. I don’t think the system has been ready for it. I mean, a brother who is a police chief, who’s the sheriff in a Black city. And I’ve said this before right here at this podium—is that Detroit’s been lucky. It’s not that Detroit has really been lucky since 1967. We’ve had people like Sheriff Benny Napoleon on the team to keep the city as appropriate as he can, through policing and law enforcement. And so we have lost a real giant. I know people say that, but this guy was the prodigal son of Detroit. This was the guy who made everything better when he showed up on the scene. It could be conflict—he checked on everybody. He was just that stellar. And I just want you to keep everybody in your prayers and hopefully we can have a moment of silence for this beautiful man. This was a great man and I would just like to—before I lose it—get it together.
A moment of silence was observed in memory of Benny Napoleon, Wayne County Sheriff.
By unanimous consent the Senate returned to the order of
Motions and Communications
Recess
Senator MacGregor moved that the Senate recess until 12:30 p.m.
The motion prevailed, the time being 11:06 a.m.
House Bill No. 5417
House Bill No. 5418
House Bill No. 5419
House Bill No. 5024
House Bill No. 5025
House Bill No. 5470
House Bill No. 4223
House Bill No. 4816
House Bill No. 6333
The motion
prevailed, a majority of the members serving voting therefor.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:31 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 82
Senate Bill No. 195
Senate Bill No. 417
Senate Bill No. 418
Senate Bill No. 843
Senate Bill No. 844
Senate Bill No. 692
Senate Bill No. 700
Senate Bill No. 893
Senate Bill No. 894
The motion prevailed.
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 2018 PA 386.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 14a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17744a and 17744d (MCL 333.17744a and 333.17744d), section 17744a as amended and section 17744d as added by 2015 PA 221.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 5145, 17744a and 17744d (MCL 333.5145, 333.17744a and 333.17744d), section 5145 as added by 2020 PA 231, section 17744a as amended by 2015 PA 221, and section 17744d as added by 2015 PA 221.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 582 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
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 as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to allow
certain law enforcement officers and firefighters to administer auto-injectable
epinephrine in certain circumstances; to provide access to auto-injectable
epinephrine by eligible entities, law enforcement officers, and firefighters;
and to limit civil and criminal liability of certain entities and individuals.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1178 (MCL 380.1178), as amended by 2019 PA 38.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 2019 PA 39, entitled “Administration of opioid antagonists act,” by amending section 107 (MCL 15.677).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 125 (MCL 125.525), as amended by 2016 PA 14.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 2d, 9a, 15, 18, 18g, 18h, and 18i (MCL 712A.1, 712A.2d, 712A.9a, 712A.15, 712A.18, 712A.18g, 712A.18h, and 712A.18i), section 1 of chapter XIIA as amended by 2019 PA 109, section 2d of chapter XIIA as amended by 1998 PA 478, sections 9a and 18h of chapter XIIA as added by 1996 PA 244, section 15 of chapter XIIA as amended by 2019 PA 111, sections 18 and 18i of chapter XIIA as amended by 2019 PA 102, and section 18g of chapter XIIA as added by 1996 PA 258.
The House of Representatives has amended the bill as follows:
1. Amend page 12, line 18, after “health” by inserting “or”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 583 Yeas—35
Alexander Daley MacGregor Schmidt
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead Lauwers Polehanki Zorn
Chang MacDonald Santana
Nays—2
LaSata Runestad
Excused—1
Lucido
Not Voting—0
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 7 (MCL 803.307), as amended by 1998 PA 517.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1996 PA 263, entitled “Juvenile boot camp act,” by amending section 5 (MCL 400.1305), as amended by 1998 PA 527.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 761
Senate Bill No. 813
Senate Bill No.
879
Senate Bill No. 920
Senate Bill No. 986
Senate Bill No. 1006
Senate Bill No. 1109
Senate Bill No. 1110
Senate Bill No. 1133
Senate Bill No. 1138
Senate Bill No. 1139
Senate Bill No. 1140
Senate Bill No. 1234
The motion prevailed.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7521a and 7523a (MCL 333.7521a and 333.7523a), section 7521a as added by 2019 PA 7 and section 7523a as added by 2019 PA 8.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 584 Yeas—30
Ananich Hertel McCann Shirkey
Barrett Hollier Moss Stamas
Bizon Horn Nesbitt Theis
Brinks Johnson Outman VanderWall
Bullock LaSata Polehanki Victory
Chang Lauwers Runestad Wojno
Daley MacDonald Schmidt Zorn
Geiss MacGregor
Nays—7
Alexander Bumstead McBroom Santana
Bayer Irwin McMorrow
Excused—1
Lucido
Not Voting—0
In The Chair: President
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion
prevailed, the time being 1:11 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 720 (MCL 330.1720), as added by 1995 PA 290, and by adding section 721.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 934
The motion prevailed.
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 203b.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 986
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2401 and 2411 (MCL 339.2401 and 339.2411), section 2401 as amended by 1991 PA 166 and section 2411 as amended by 2010 PA 151.
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 pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 585 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1006, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2017 PA 13, and by adding section 14m.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1109, entitled
A bill to amend 2016 PA 560, entitled “Michigan veterans’ facility authority act,” (MCL 36.101 to 36.112) by adding section 6b.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1110, entitled
A bill to amend 2016 PA 560, entitled “Michigan veterans’ facility authority act,” by amending the title and sections 2, 3, 5, and 6 (MCL 36.102, 36.103, 36.105, and 36.106), sections 3, 5, and 6 as amended by 2018 PA 630, and by adding sections 6a, 6c, and 12a; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor
moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 586 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1133, entitled
A bill to create a propane commission and to prescribe its powers and duties; to prescribe the powers and duties of certain state governmental officers and entities; to levy an assessment on the distribution of certain propane products; to provide for the administration, collection, and disposition of the assessment; to impose a late fee on certain assessments; to create certain funds; to provide for the promulgation of rules; to provide for a referendum; and to provide remedies and penalties.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 587 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1138, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2020 PA 106.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 588 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor 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
Nays—1
McBroom
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1139, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 105, 107, 109, 111, 113, 113a, 204, 301, 303, 307, 502, 504, 518, 521, 525, 532, 536, 537, 545, 601, 603, 605, 607, 608, 610, 610a, 611, 914b, 1019, 1025, 1027, 1101, 1103, 1105, 1113, 1114, and 1115 (MCL 436.1105, 436.1107, 436.1109, 436.1111, 436.1113, 436.1113a, 436.1204, 436.1301, 436.1303, 436.1307, 436.1502, 436.1504, 436.1518, 436.1521, 436.1525, 436.1532, 436.1536, 436.1537, 436.1545, 436.1601, 436.1603, 436.1605, 436.1607, 436.1608, 436.1610, 436.1610a, 436.1611, 436.1914b, 436.2019, 436.2025, 436.2027, 436.2101, 436.2103, 436.2105, 436.2113, 436.2114, and 436.2115), 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 204 as added by 2018 PA 178, section 301 as amended by 2020 PA 110, section 303 as amended by 2018 PA 154, section 307 as amended by 2020 PA 114, section 502 as amended by 2020 PA 112, section 504 as added by 2020 PA 80, section 518 as amended by 2010 PA 279, section 521 as amended by 2006 PA 502, section 525 as amended by 2016 PA 434, section 532 as amended by 2018 PA 104, section 536 as amended by 2020 PA 126, section 537 as amended by 2020 PA 117, section 545 as amended by 2016 PA 328, section 601 as amended by 2019 PA 125, section 603 as amended by 2018 PA 407, section 605 as amended by 2014 PA 45, section 607 as amended by 2018 PA 417, section 608 as added by 2019 PA 127, section 610 as added by 2016 PA 106, section 610a as added by 2017 PA 131, section 914b as added by 2018 PA 346, sections 1025 and 1027 as amended by 2019 PA 131, sections 1113 and 1114 as amended by 2011 PA 27, and section 1115 as amended by 2010 PA 213.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 589 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor 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
Nays—1
McBroom
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1140, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2016 PA 81.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1234, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2012 PA 135.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 590 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
House Bill No. 5851
House Bill No. 4223
House Bill No. 4816
House Bill No. 4910
House Bill No. 4911
House Bill No. 5417
House Bill No. 5418
House Bill No. 5419
House Bill No. 5024
House Bill No. 5025
House Bill No. 5470
The motion prevailed.
The House of Representatives returned, in accordance with the request of the Senate
House Bill No. 5851, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7408a (MCL 333.7408a), as amended by 2012 PA 501.
Senator MacGregor moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Lucido offered the following amendment:
1. Amend page 7, line 29, after “is” by striking out “approved on a record roll call vote” and inserting “adopted”.
The amendment was adopted, a majority of the members serving 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. 591 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
The following bill was read a third time:
House Bill No. 4223, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 93 and sections 9307 and 9321 (MCL 333.9307 and 333.9321) and by adding sections 9312 and 9316.
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. 592 Yeas—35
Alexander Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley MacGregor Santana
Nays—2
Ananich Horn
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
Protest
Senator Horn, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4223 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Horn’s statement is as follows:
Mr. President, I rise to offer my “no” vote explanation and I ask that whatever words spill out of my heart be printed in the Journal.
Imagine a raging river—across the river on the far bank, a sea of young faces is searching for hope. House Bill No. 4223—four years in the making and in its original form—formed a bridge over that divide. A plain, simply-designed bridge to be sure, but it was as wide as it was sturdy. With it, we could say to those school-age children and their parents, ‘Cross here; it’s safe.’ This is the bill I was prepared to vote “yes” on.
Until, of course, a very small but loud group of folks showed up on this side of the bridge—well, they didn’t actually show up. It was only the thought of them showing up that caused this august body to tremble. They rattled their keyboards at us. They threatened to write us strongly-worded e-mails. They would never vote for us again. They would run primaries against us. This Senate body—this cooling saucer for public policy—was told that our rhetorical bridge was just another slippery slope into tyranny.
With an amendment on General Orders today, the bill was redesigned and the safe bridge collapsed into the raging waters. I spoke with the maker of the bill. He is frustrated and disappointed but consoles himself in the idea that even this watered-down version can bring at least some awareness to the issue. We’re left to shout across the raging river, ‘Make sure to brush twice a day. Other than that, you’re on your own.’
Mr. President, while I plan to vote “no,” I want to make it clear that I am not asking my colleagues to join me. I do not want to answer to their constituents, only mine. My name in red as a “no” vote should act as a beacon to only those concerned parents of the 32nd District. Come talk to me. Tell me why you might be outraged. Tell me how it is that you have all this energy in expressing your concern, but can’t be bothered long enough to sign a simple waiver at your kid’s school.
I offer this to any constituent worried about dental screening being a part of some other family’s school preparation routine. Come with me to the First Ward Center in Saginaw. Let’s tour the Janes Street clinic. Let’s visit with kids at the Boys and Girls Club or at the Westside Outreach Center. Pick a spot where the mobile healthcare truck shows up regularly. Let me introduce you to the dentists and the hygienists who generously volunteer their time, their talent, and their treasure to the thousands of grateful families of Saginaw. There is a huge divide of poverty across this state. Tens of thousands of children need our help. Who will be their voice?
We are the
Senate. We can do better. We should do better.
The following bill was read a third time:
House Bill No. 4816, entitled
A bill relating to the promotion of regional convention business and tourism in this state and certain regions of this state; to provide for tourism and convention financing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention financing and promotion programs; to provide for the disbursement of the assessments; to establish the oversight functions and duties of certain state departments, state agencies, and state employees; and to prescribe penalties and remedies.
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. 593 Yeas—32
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Bayer Hertel McCann Shirkey
Bizon Hollier McMorrow Stamas
Brinks Horn Moss VanderWall
Bullock Irwin Nesbitt Victory
Bumstead LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Nays—5
Barrett McBroom Runestad Theis
Johnson
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4910, entitled
A bill to regulate the certification of an individual’s need for an emotional support animal by health care providers and requests for reasonable accommodation for emotional support animals in housing; to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties.
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. 594 Yeas—23
Bizon LaSata Nesbitt Stamas
Bumstead Lauwers Outman Theis
Daley MacDonald Polehanki VanderWall
Hertel MacGregor Runestad Victory
Horn McBroom Schmidt Zorn
Johnson McCann Shirkey
Nays—14
Alexander Brinks Hollier Moss
Ananich Bullock Irwin Santana
Barrett Chang McMorrow Wojno
Bayer Geiss
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protests
Senators Barrett and Hollier, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4910.
Senator Barrett moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Barrett’s statement, in which Senator Hollier concurred, is as follows:
I respect the work that was put into this and the stakeholders that have come forward to try and resolve a complicated issue of people claiming that certain animals should be protected in their residence when they rent from an apartment or a home. I put a lot of work into service animal legislation when I first was elected to the Legislature back in the House of Representatives, and I feel strongly that, in law today already, there is a clear divide between what is protected as a service animal under the Americans with Disabilities Act and also through Michigan law, and then other animals that people may claim provide them a benefit or some type of support. I think all of us who have owned pets throughout our lives could make the very valid case that our animals provide us a level of emotional support. And to me, by creating a new class of animals that has not been acknowledged under law to this point, we are creating more murkiness in this particular area where I feel the appropriate response is to hold the line on true service animals that are already defined and articulated and protected in law in various different areas, versus creating a new standard and a new class of animals that hasn’t existed in law before. I fear that this would get abused and will be a new can of worms that is opened up that could create new challenges down the road.
The following bill was read a third time:
House Bill No. 4911, entitled
A bill to amend
1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections
5714 and 5775 (MCL 600.5714 and 600.5775), section 5714 as amended by 2014 PA
223 and section 5775 as added by 1988 PA 336.
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. 595 Yeas—24
Bizon Johnson McCann Shirkey
Bumstead LaSata Nesbitt Stamas
Daley Lauwers Outman Theis
Hertel MacDonald Polehanki VanderWall
Hollier MacGregor Runestad Victory
Horn McBroom Schmidt Zorn
Nays—13
Alexander Brinks Geiss Moss
Ananich Bullock Irwin Santana
Barrett Chang McMorrow Wojno
Bayer
Excused—1
Lucido
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 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.
The following bill was read a third time:
House Bill No. 5417, entitled
A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending sections 2, 3a, 4, 8, 9, 10, and 11 (MCL 333.1052, 333.1053a, 333.1054, 333.1058, 333.1059, 333.1060, and 333.1061), sections 2 and 11 as amended by 2017 PA 157 and section 3a as added and sections 4, 8, 9, and 10 as amended by 2013 PA 155, and by adding section 3b.
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. 596 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the execution of a do-not-resuscitate order for an individual in a setting outside of a hospital; to provide that certain actions be taken and certain actions not be taken with respect to a do-not-resuscitate order; to provide for the revocation of a do-not-resuscitate order; to prohibit certain persons and organizations from requiring the execution of a do-not-resuscitate order as a condition of receiving coverage, benefits, or services; to prohibit certain actions by certain insurers; to provide immunity from liability for certain persons; and to prescribe penalties and provide remedies,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5418, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1180 and 1181.
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. 597 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; 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. 5419, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5215 (MCL 700.5215), as amended by 2000 PA 469.
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. 598 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; 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. 5024, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 4a.
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. 599 Yeas—30
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Brinks Irwin Moss VanderWall
Bullock Johnson Outman Victory
Chang Lauwers Polehanki Wojno
Daley MacDonald Santana Zorn
Geiss MacGregor
Nays—7
Barrett Bumstead Nesbitt Theis
Bizon LaSata Runestad
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5025, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as amended by 2015 PA 248, and by adding section 3c.
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. 600 Yeas—30
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Brinks Irwin Moss VanderWall
Bullock Johnson Outman Victory
Chang Lauwers Polehanki Wojno
Daley MacDonald Santana Zorn
Geiss MacGregor
Nays—7
Barrett Bumstead Nesbitt Theis
Bizon LaSata Runestad
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5470, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1220 (MCL 380.1220), as added by 2015 PA 111.
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. 601 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor 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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 5802, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 317, 904, and 907 (MCL 257.317, 257.904, and 257.907), section 317 as amended by 2018 PA 566, section 904 as amended by 2018 PA 212, and section 907 as amended by 2015 PA 126.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
House Bill No. 5802
The motion
prevailed, a majority of the members serving voting therefor.
Recess
Senator MacGregor moved that the Senate recess until 3:15 p.m.
The motion prevailed, the time being 2:04 p.m.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 943
Senate Bill No. 73
Senate Bill No. 74
Senate Bill No. 75
Senate Bill No. 54
Senate Bill No. 464
Senate Bill No. 465
Senate Bill No. 862
The motion prevailed.
The President, Lieutenant Governor Gilchrist, resumed the Chair.
A bill to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 51 (MCL 211.51), as amended by 2012 PA 57.
The House of Representatives has concurred in the Senate substitute (S-2) to the House substitute (H-2).
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 40b, 216, 226, 233a, 255, 301, 306, 306a, 307, 309, 310, 312f, 312k, 314, and 801k (MCL 257.40b, 257.216, 257.226, 257.233a, 257.255, 257.301, 257.306, 257.306a, 257.307, 257.309, 257.310, 257.312f, 257.312k, 257.314, and 257.801k), section 40b as amended by 2012 PA 498, sections 216, 226, 255, 301, 306, 306a, 309, 312f, 312k, 314, and 801k as amended by 2020 PA 241, section 233a as amended by 2000 PA 82, section 307 as amended by 2018 PA 604, and section 310 as amended by 2020 PA 93, and by adding section 310f.
The House of Representatives has concurred in the Senate substitute (S-3) to the House substitute (H-3) and agreed to the title as amended.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 2008 PA 23, entitled “An act to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties,” by amending section 4 (MCL 28.304), as amended by 2020 PA 243.
The House of Representatives has concurred in the Senate substitute (S-1) to the House substitute (H-3) and agreed to the full title.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), section 1 as amended by 2020 PA 92, section 1a as amended by 2008 PA 31, and section 2 as amended by 2020 PA 242, and by adding section 2a.
The House of Representatives has concurred in the Senate substitute (S-3) to the House substitute (H-4).
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 266a and 676.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to
require financial institutions to report financial exploitation of their
customers or members; to allow financial institutions to freeze customer or
member transactions or assets under certain circumstances; to provide immunity
from criminal, civil, or administrative liability to financial institutions for
actions taken in good faith under this act; and to provide for the powers and
duties of certain governmental officers and entities.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2012 PA 175.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11d (MCL 400.11d), as added by 1982 PA 519.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 71
Senate Bill No. 72
Senate Bill No. 76
Senate Bill No. 1046
Senate Bill No. 1047
Senate Bill No. 1048
Senate Bill No. 1049
Senate Bill No. 1050
Senate Bill No. 1051
Senate Bill No. 1075
The motion prevailed.
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509q, 759, and 761 (MCL 168.509q, 168.759, and 168.761), section 509q as amended by 2012 PA 586 and sections 759 and 761 as amended by 2020 PA 177, and by adding sections 499b and 735a.
(This bill was returned from the House on December 1 with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 89, p. 2220.)
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 602 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1136 (MCL 380.1136), as added by 2016 PA 367.
(This bill was returned from the House without amendment on December 1 and the recommendation for immediate effect postponed. See Senate Journal No. 89, p. 2220.)
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as amended by 2000 PA 112 and section 1307a as amended by 2012 PA 69.
(This bill was returned from the House without amendment on December 1 and the recommendation for immediate effect postponed. See Senate Journal No. 89, p. 2222.)
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1046, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 9c and 9f of chapter IV (MCL 764.9c and 764.9f), section 9c of chapter IV as amended by 2001 PA 208 and section 9f of chapter IV as amended by 1999 PA 76.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 603 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1047, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 1a, and 9e of chapter IV (MCL 764.1, 764.1a, and 764.9e), section 1 of chapter IV as amended by 2014 PA 389 and section 1a of chapter IV as amended by 2012 PA 177, and by adding section 10d to chapter II, sections 3 and 6f to chapter IV, and section 6e to chapter V.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 604 Yeas—34
Alexander Daley MacGregor Schmidt
Ananich Geiss McBroom Shirkey
Barrett Hertel McCann Stamas
Bayer Hollier McMorrow Theis
Bizon Horn Moss VanderWall
Brinks Irwin Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead Lauwers Santana Zorn
Chang MacDonald
Nays—3
LaSata Nesbitt Runestad
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1048, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 5, 31, and 34 (MCL 769.5, 769.31, and 769.34), section 5 of chapter IX as amended by 2015 PA 216, section 31 of chapter IX as amended by 2004 PA 220, and section 34 of chapter IX as amended by 2002 PA 666.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1049, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2019 PA 100.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1050, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 2, 2a, 3, 4, and 4b of chapter XI (MCL 771.2, 771.2a, 771.3, 771.4, and 771.4b), section 2 of chapter XI as amended by 2017 PA 10, section 2a of chapter XI as amended by 2006 PA 507, section 3 of chapter XI as amended by 2012 PA 612, section 4 of chapter XI as amended by 1998 PA 520, and section 4b of chapter XI as added by 2017 PA 9.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 605 Yeas—36
Alexander Daley MacGregor 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 Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—1
LaSata
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1051, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2012 PA 623.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 606 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1075, entitled
A bill to authorize the department of technology, management, and budget to convey or transfer state-owned property in Gogebic County; to prescribe conditions for the conveyance or transfer; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyance.
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.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 607 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary
for enrollment printing and presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 70
Senate Bill No. 1149
Senate Bill No. 1150
Senate Bill No. 1153
Senate Bill No. 1182
Senate Bill No. 1185
Senate Bill No. 592
The motion prevailed.
A bill to create the address confidentiality program; to provide certain protections for victims of domestic violence, sexual assault, stalking, or human trafficking and for certain other individuals; to prescribe duties and responsibilities of certain state departments; to require the promulgation of rules; to create a fund; to prohibit the disclosure of certain information and obtaining a certification under this act by fraud; and to prescribe penalties.
(This bill was returned from the House on December 1 with a House substitute (H-2), immediate effect, and was laid over under the rules. See Senate Journal No. 89, p. 2220.)
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 608 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1149, entitled
A bill to amend
1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding
section 4gg.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1150, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4gg.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1153, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9h.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1182, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 43 (MCL 338.2243), as amended by 2019 PA 71.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 609 Yeas—31
Ananich Hertel MacGregor Schmidt
Bayer Hollier McCann Shirkey
Bizon Horn McMorrow Stamas
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Victory
Chang LaSata Outman Wojno
Daley Lauwers Polehanki Zorn
Geiss MacDonald Santana
Nays—6
Alexander Bumstead Runestad Theis
Barrett McBroom
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1185, entitled
A bill to provide immunity for health care providers and health care facilities in the event of a pandemic; and to clarify the time frame for the immunity.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to provide immunity for health care providers and health care facilities in the event of a pandemic; to clarify the time frame for the immunity; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 610 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 18.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1943 PA 240, entitled “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 230.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 611 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 as amended.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 77
Senate Bill No. 983
Senate Bill No. 1097
Senate Bill No. 669
Senate Bill No. 671
Senate Bill No. 672
Senate Bill No. 673
Senate Bill No. 1253
The motion prevailed.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20199, 21702, and 21703 (MCL 333.20199, 333.21702, and 333.21703), section 21702 as amended by 1994 PA 73 and section 21703 as amended by 2015 PA 155, and by adding sections 21788, 21788a, 21788b, 21788c, 21788d, 21788e, 21788f, 21788g, 21788h, and 21788i.
The House of Representatives has substituted (H-5) the bill.
The House of Representatives has passed the bill as substituted (H-5), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 20199, 21702, and 21703 (MCL 333.20199, 333.21702, and 333.21703), section 21702 as amended by 1994 PA 73 and section 21703 as amended by 2015 PA 155, and by adding sections 21788, 21788a, 21788b, 21788c, 21788d, 21788e, 21788f, 21788g, and 21788i.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 612 Yeas—22
Barrett LaSata Outman Stamas
Bizon Lauwers Polehanki Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson Nesbitt
Nays—15
Alexander Bullock Hollier Moss
Ananich Chang Irwin Santana
Bayer Geiss McCann Wojno
Brinks Hertel McMorrow
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
The motion prevailed.
Senator Runestad’s statement is as follows:
I want to thank all of my colleagues here today as well as everyone involved in this process for taking a stand on behalf of our most vulnerable nursing home residents. I’m sure most of you heard me decry the increasing number of elder abuse cases that have come to light in recent years. I’ve heard time and again from family members of seniors who have been beaten and mistreated, and I’ve seen video after video of nursing home abuse caught on camera.
It’s about time we did something because residents, their caretakers, and their family members all deserve to know that their loved ones are safe. Senate Bill No. 77 goes a long way towards making that a reality. Video surveillance is a proven tool for deterring crime, increasing accountability, and identifying the causes of accidents. By giving residents the option of installing a camera in their room—their very home—we will be giving them the freedom that they should have always had.
Moreover, allowing resident-approved cameras will give families a way to check in on their loved ones when they cannot be there personally. Families will be able to communicate with their loved ones about their daily activities with more understanding and will be able to communicate better with staff and facilities about their care.
In a time when nursing home residents have suffered so much already, this commonsense fix to protect our most vulnerable citizens is way overdue. I want to thank all of those who have supported this effort, from constituents in my district to folks all across the state for sharing their heartbreaking stories and lending their support. I also want to thank the Michigan Long Term Care Ombudsman’s office for their efforts to help design a bipartisan, commonsense solution.
Colleagues, again, thank you so much for your support and for being part of this historic moment. Today we provide what we can provide to protect our nursing home patients for their communication rights and their privacy all at one time.
A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending section 3 (MCL 722.923), as amended by 2004 PA 560.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion
prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 613 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—15
Alexander Bullock Irwin Polehanki
Ananich Chang McCann Santana
Bayer Geiss McMorrow Wojno
Brinks Hollier Moss
Excused—1
Lucido
Not Voting—1
Hertel
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1097, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2017 PA 217.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 614 Yeas—33
Alexander Hertel MacGregor Schmidt
Ananich Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Chang Lauwers Polehanki Wojno
Daley MacDonald Santana Zorn
Geiss
Nays—3
Barrett Bumstead Runestad
Excused—1
Lucido
Not Voting—1
McBroom
In The Chair: President
Senator MacGregor moved to reconsider the vote by which the House substitute was concurred in.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 615 Yeas—34
Alexander Hertel McBroom Schmidt
Ananich Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Chang Lauwers Polehanki Wojno
Daley MacDonald Santana Zorn
Geiss MacGregor
Nays—3
Barrett Bumstead Runestad
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20145, 22201, 22203, 22207, 22208, 22209, 22215, 22221, and 22227 (MCL 333.20145, 333.22201, 333.22203, 333.22207, 333.22208, 333.22209, 333.22215, 333.22221, and 333.22227), section 20145 as amended by 2015 PA 104, section 22201 as added by 1988 PA 332, sections 22203, 22207, 22209, 22215, and 22221 as amended by 2002 PA 619, section 22208 as amended by 2011 PA 51, and section 22227 as amended by 1993 PA 88.
The House of Representatives has substituted (H-6) the bill.
The House of Representatives has passed the bill as substituted (H-6), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 20145, 22201, 22207, 22208, 22209, and 22221 (MCL 333.20145, 333.22201, 333.22207, 333.22208, 333.22209, and 333.22221), section 20145 as amended by 2015 PA 104, section 22201 as added by 1988 PA 332, sections 22207, 22209, and 22221 as amended by 2002 PA 619, section 22208 as amended by 2011 PA 51, and by adding section 22216.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 616 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 22211 and 22215 (MCL 333.22211 and 333.22215), section 22211 as amended by 2014 PA 107 and section 22215 as amended by 2002 PA 619.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 617 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 618 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c and 137 (MCL 330.1100c and 330.1137), section 100c as amended by 2016 PA 320 and section 137 as amended by 2015 PA 59, and by adding section 137a.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending sections 100c and 137 (MCL 330.1100c and 330.1137), section 100c as amended by 2020 PA 99 and section 137 as amended by 2015 PA 59, and by adding section 137b.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 619 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1253, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.
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 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157, and by adding sections 2253a, 2254, and 2454.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 620 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 4:26 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 241
Senate Bill No. 1090
Senate Bill No. 1091
Senate Bill No. 758
Senate Bill No. 991
Senate Bill No. 855
Senate Bill No. 1137
Senate Bill No. 676
Senate Bill No. 657
Senate Bill No. 379
The motion prevailed.
A bill to prescribe the powers and duties of public water suppliers in this state; to prescribe the powers and duties of certain state and local officers and entities; to require certain reporting requirements by public water suppliers; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1090, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 5d (MCL 552.605d), as amended by 2014 PA 380.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1091, entitled
A bill to amend
1982 PA 294, entitled “Friend of the court act,” by amending section 17 (MCL
552.517), as amended by 2019 PA 27, and by adding section 17f.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Chang moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 117
The motion prevailed.
Senator MacGregor requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows:
Roll Call No. 621 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor moved to reconsider the vote by which the House substitute was concurred in.
The question being on the motion to reconsider,
Senator MacGregor moved that further consideration of the bill be postponed for today.
On which motion Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows:
Roll Call No. 622 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
Not Voting—0
In The Chair: President
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16101 and 18201 (MCL 333.1610 and 333.18201) and by adding sections 16190 and 18211a.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16101 and 18201 (MCL 333.1610 and 333.18201) and by adding sections 16187 and 18211a.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 623 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending sections 3, 5, 7, and 11 (MCL 432.303, 432.305, 432.307, and 432.311).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to ensure access to quality complex rehabilitation technology in the Medicaid program for people with complex medical needs; and to prescribe the powers and duties of certain state departments.
The House of Representatives has amended the bill as follows:
1. Amend page 3, line 18, after “Suppliers” by inserting a comma and “or an individual approved by the department, but only if a certified complex rehabilitation technology supplier is unavailable”.
2. Amend page 3, line 20, after “entity” by inserting “approved by the department, but only if a certified complex rehabilitation technology supplier is unavailable, or a company or entity”.
3. Amend page 5, line 21, after “items.” by striking out the balance of subdivision.
The House of Representatives has passed the bill as amended and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 624 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1137, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78g, 78i, and 78l (MCL 211.78g, 211.78i, and 211.78l), section 78g as amended by 2020 PA 33, section 78i as amended by 2015 PA 190, and section 78l as amended by 2003 PA 263, and by adding section 78t.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2014 PA 501.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as amended by 2018 PA 106.
The House of
Representatives has substituted (H-6) the bill.
The House of Representatives has passed the bill as substituted (H-6), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 625 Yeas—31
Ananich Hertel McBroom Schmidt
Barrett Hollier McMorrow Shirkey
Bayer Horn Moss Stamas
Bizon Johnson Nesbitt Theis
Brinks LaSata Outman VanderWall
Bullock Lauwers Polehanki Victory
Bumstead MacDonald Runestad Zorn
Daley MacGregor Santana
Nays—6
Alexander Geiss McCann Wojno
Chang Irwin
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11a.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 626 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Geiss MacGregor Santana
Barrett Hertel McBroom Schmidt
Bayer Hollier McCann Shirkey
Bizon Horn McMorrow Stamas
Brinks Irwin Moss Theis
Bullock Johnson Nesbitt Victory
Bumstead LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Nays—1
VanderWall
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The bill was referred to the Secretary
for enrollment printing and presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 1203
Senate Bill No. 921
Senate Bill No. 1052
Senate Bill No. 1053
Senate Bill No. 970
Senate Bill No. 809
Senate Bill No. 857
The motion prevailed.
Senate Bill No. 1203, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 14a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 8c.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 1, after “8c.” by inserting “(1)”.
2. Amend page 1, following line 5, by inserting:
“(2) The bridge on highway US-2 over the Escanaba River in Delta County shall be known as the “Senator Tom Casperson Memorial Bridge”.”.
3. Amend page 2, following line 2, by inserting:
“(3) The portion of highway US-24 in Wayne County beginning at the intersection with M-153 and extending north to the intersection with Warren Avenue shall be known as the “Julie Plawecki Memorial Highway”.”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 627 Yeas—35
Alexander Geiss MacGregor Schmidt
Ananich Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Victory
Bumstead LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Daley MacDonald Santana
Nays—2
Barrett Runestad
Excused—1
Lucido
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1052, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 3 (MCL 390.1663), as amended by 2013 PA 210.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1053, entitled
A bill to amend 1976 PA 225, entitled “An act to defer the collection of special assessments on homestead properties; to provide for conditions of eligibility for such a deferment; to prescribe the powers and duties of the department of treasury, local assessing officers, and local collecting officers; to provide for the advancement of moneys by the state to indemnify special assessment districts for losses from deferment of collections; to provide for the advancement of money by the state to an owner for the repayment of loans used by the owner to pay special assessments; to provide for the collection of deferred special assessments and interest thereon, and the disposition of these collections; to make an appropriation; and to prescribe penalties,” by amending section 2 (MCL 211.762), as amended by 1980 PA 403.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2 and 11 (MCL 205.422 and 205.431), section 2 as amended by 2012 PA 188 and section 11 as amended by 2016 PA 86.
The House of Representatives has amended the bill as follows:
1. Amend page 2, line 17, after “shipment” by inserting a comma and “storage,”.
2. Amend page 2, line 17, after “box” by inserting a comma and “case,”.
3. Amend page 2, line 17, after “or” by striking out “a”.
4. Amend page 2, line 20, after “carton” by inserting “containing cigarettes that are not counterfeit cigarettes”.
5. Amend page 2, line 21, after “(ii)” by striking out “The” and inserting “Except for counterfeit cigarettes, the”.
6. Amend page 2, line 22, after “sold” by inserting “or transferred”.
7. Amend page 3, line 5, after “shipment” by inserting a comma and “storage,”.
8. Amend page 3, line 6, after “covering” by inserting “for”.
9. Amend
page 3, line 6, after “keep” by striking out “items”.
10. Amend page 3, line 7, after “shipment” by inserting a comma and “storage,”.
11. Amend page 3, line 8, after “shipment” by inserting a comma and “storage,”.
12. Amend page 3, line 12, after “shipment” by inserting a comma and “storage,”.
13. Amend page 4, line 24, after “tobacco” by striking out “sold in loose or bulk form”.
14. Amend page 4, line 25, after the first “is” by inserting “designed, manufactured, or otherwise”.
15. Amend page 4, line 26, after “other” by inserting “natural or artificial”.
16. Amend page 4, line 28, after “hubble-bubble,” by inserting “molasses tobacco, waterpipe tobacco, maassel,”.
17. Amend page 4, line 29, after “device” by inserting a comma and “including a waterpipe,”.
18. Amend page 16, following line 28, by inserting:
“Enacting section 1. This amendatory act takes effect January 1, 2022.”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 628 Yeas—36
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Horn Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—1
Irwin
Excused—1
Lucido
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend
1984 PA 323, entitled “The health care false claim act,” by amending section 4a
(MCL 752.1004a), as amended by 2016 PA 80.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to repeal 1945 PA 302, entitled “An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,” (MCL 10.31 to 10.33).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 1254
The motion prevailed.
Senate Bill No. 1254, entitled
A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1c (MCL 780.621c), as added by 2020 PA 187.
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.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 629 Yeas—32
Alexander Chang Lauwers Runestad
Ananich Daley MacDonald Santana
Barrett Geiss MacGregor Schmidt
Bayer Hertel McBroom Shirkey
Bizon Hollier McMorrow Stamas
Brinks Horn Moss VanderWall
Bullock Irwin Nesbitt Victory
Bumstead LaSata Outman Zorn
Nays—5
Johnson Polehanki Theis Wojno
McCann
Excused—1
Lucido
Not Voting—0
In The Chair: President
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
The motion prevailed.
Senator McBroom’s statement is as follows:
This is just kind of an amazing moment with this bill and seeing it come back from the House of Representatives and I just want to take a minute or two to express my sincere thanks and gratitude, particularly to the Lieutenant Governor—Garlin Gilchrist—for his great support and encouragement that he gave me on this piece of legislation, and to all the members of this body. Most of you know I like to give a speech now and then and I always do with the belief that somehow it makes a difference. When I stood up here a few months ago during the “Clean Slate” legislation and pointed out how we were abandoning a very significant portion of our population who needed mercy and needed compassion because of this issue, I stood up and spoke and hoped to make a little bit of difference but I didn’t really expect something big to come from it. The immediate outpouring of support from my colleagues and from around the state—the letters and phone calls I got from people—were astounding. A special thanks goes to Senator Lucido who came to me and said, ‘Draft the bill. We’ll get it through.’ I really didn’t react that quickly to it and he kept after me and we finally—both Representative LaFave and myself—introduced copies of this. It moved very quickly and I’m just so grateful to the Lieutenant Governor, Senator Lucido, Representative LaFave, Senator Moss who got up and spoke in support of me when I made that speech, and also Chair Filler—all key players in making sure this got done. This is a great accomplishment that provides real relief that real citizens need—compassion and mercy. I thank you all for your support in getting this done so quickly. It’s a great Christmas gift to people all over our state.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Runestad, Theis, Barrett, Daley, Johnson, LaSata, Victory and Outman introduced
Senate Bill No. 1260, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 10a, 462f, and 539j (MCL 750.10a, 750.462f, and 750.539j), section 462f as amended by 2016 PA 338 and section 539j as added by 2004 PA 155, and by adding sections 145h, 158a, 338c, 350b, 455a, and 520p.
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
Statements
The motion prevailed.
Senator MacDonald’s statement is as follows:
I rise today in memory of former State Representative Sal Rocca. He
passed away tragically on Sunday, December 13. Sal served the families of
Macomb County in the State House from 1974 to 1980, 1982 to 1994, and again
from 2001 to 2004 as both a Democrat and a Republican. He was a dedicated
public servant and a true asset to Sterling Heights and Macomb County. To the
Rocca family and their friends, our thoughts and prayers are with you now.
Thank you for your leadership. Sal will be greatly missed.
Senator Stamas’ statement is as follows:
I also rise to pay tribute to Representative Sal Rocca. You might wonder why I would rise to remember Sal, but in my first term in the House of Representatives it was my privilege to be seated with his son, former Senator Tory Rocca. If you were around Tory, or those who may know Tory, while he was always on the Republican side of the ticket, he found his way across all areas of the chamber on a daily basis. As Tory was doing rounds and making deals and wheeling and finding opportunities to get legislation done, I ended up almost frankly being Tory’s secretary, it felt like, in my first two years. I would answer Tory’s phone and Sal would be on it and sometimes I think I talked to Sal more than I talked to Tory. He was an amazing gentleman and we had some amazing conversations. He definitely took his district and his representation of the area seriously and had an amazing mind for that district. He certainly will be missed and I wish the best to him and his family. May his memory be eternal.
Senator Shirkey’s statement is as follows:
I rise today to recognize the accomplishments of the Honorable Stephen J. Markman upon his completion of his service on the Michigan Supreme Court.
Justice Markman’s distinguished career has spanned decades and seen him take on a variety of assignments and posts, but the constant theme of his remarkable accomplishments is his devotion to the discipline of law.
Justice Markman served for seven years as chief counsel of the United States Senate Subcommittee on the Constitution and as chief deputy counsel of the United States Senate Judiciary Committee. Justice Markman was appointed by President Reagan to serve as a U.S. Assistant Attorney General in 1995, when he led the Department of Justice’s Office of Legal Policy. President George H.W. Bush appointed Justice Markman to serve as a U.S. Attorney for the Eastern District of Michigan in 1989. Justice Markman was appointed to the Michigan Supreme Court by Governor Engler in 1999, being elevated from the Court of Appeals.
Throughout his time on the Supreme Court, Justice Markman was regarded as a thoughtful and hardworking arbiter of the state’s constitution and laws. He left his mark on the state and the legal community, writing thorough and well-argued majority, concurring, and dissenting opinions during his time on the bench.
His contributions to the law extended outside his appointed and elected offices, penning numerous articles and book chapters, teaching constitutional law at Hillsdale College, and even assisting Ukraine with the development of its most recent constitution on behalf of the U.S. State Department in the 1990s.
Throughout his tenure, Justice Markman has demonstrated strong support for the constitutional foundations of federalism and the separation of powers, as well as a reverence for the legislative branch of government, as evidenced most recently in the landmark decision ruling in support of state constitutional law in the case challenging gubernatorial emergency powers.
Justice Markman’s work on the Supreme Court and his steadfast commitment to our state will be missed. He is deserving of our gratitude and appreciation for his service and contributions. Justice Markman, on behalf of the citizens of Michigan, we thank you for your long, enduring, and impactful service for the great state of Michigan. Now I would ask that my colleagues join me in wishing him well as he embarks on this next chapter of his life.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator MacGregor moved that the enrollment be vacated on the following bill:
Enrolled Senate Bill No. 1097, being
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2017 PA 217.
The motion prevailed.
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Concurrent Resolution No. 10
The motion
prevailed.
House Concurrent Resolution No. 10.
A concurrent resolution to approve the State Officers Compensation Commission determinations.
(This resolution was discharged from the Committee on Appropriations on December 17. See Senate Journal No. 96, p. 2460).
The question being on the adoption of the concurrent resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Senate Concurrent Resolution No. 36.
A concurrent resolution to create a Joint Committee on Inter-Session Rules and Regulations.
(For text of resolution, see Senate Journal No. 96, p. 2474.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
House Concurrent Resolution No. 32
The motion prevailed.
House Concurrent Resolution No. 32.
A concurrent resolution to remind state employees of whistleblower protections and encourage them to come forward if they have knowledge of any irregularities or illegal or suspect behavior.
Whereas, Ensuring public confidence in government requires that individuals and agencies which violate the law are identified and held accountable. The strongest bulwarks against illegal, corrupt, and incompetent actions are state employees who report instances of wrongdoing by superiors and colleagues; and
Whereas, State law affords substantial protections to state employees who report violations or suspected violations of laws or rules. Section 2 of the Whistleblowers’ Protection Act, 1980 PA 469, MCL 15.361 et seq., states:
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.
Civil Service Commission rules, specifically Rule 2-10.1 through Rule 2-10.3, establish similar protections prohibiting reprisal against whistleblowers; and
Whereas, Michigan courts have interpreted the Whistleblowers’ Protection Act and civil service protections broadly. The purpose of the law and rules is to expose fraud and corruption in government and state employees should feel confident that the law is on their side and will protect them if the state attempts to take retaliatory action against them for reporting wrongdoing; and
Whereas, The 100th Legislature has taken steps to further enhance protections offered to state employees, most notably the passage of Senate Bill 686, which would have prohibited a state department or agency from taking disciplinary action against certain state employees for communicating with certain individuals in the legislative branch; and
Whereas, The Governor’s veto of Senate Bill 686 demonstrated a lack of regard for good government practices, failing to further expand safeguards for state employees interested in protecting the interests of the people of this state; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we remind state employees of whistleblower protections and encourage them to come forward if they have knowledge of any irregularities or illegal or suspect behavior; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and the members of the Civil Service Commission.
The House of Representatives has adopted the concurrent resolution.
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted.
House Concurrent Resolution No. 33.
A concurrent resolution of tribute for the Honorable Stephen J. Markman.
Whereas, It is a privilege to recognize Justice Stephen J. Markman as he completes his service on the Michigan Supreme Court. Justice Markman has served the state’s judiciary, the legal community, and the people of our state with distinction during his lifetime of public service; and
Whereas, Justice Markman brought a wealth of experience from the state and federal levels, as well as the private sector, when he arrived at the Supreme Court in 1999. He served for seven years as chief counsel of the United States Senate Subcommittee on the Constitution and as deputy chief counsel of the United States Senate Judiciary Committee. Justice Markman was appointed by President Ronald Reagan to serve as a U.S. Assistant Attorney General in 1985, when he led the Department of Justice’s Office of Legal Policy, which is the principal policy development office within the department and coordinates the federal judicial selection process. President George H. W. Bush appointed Justice Markman to serve as U.S. Attorney for the Eastern District of Michigan in 1989. After his term as U.S. Attorney ended in 1993, Justice Markman practiced law at Miller, Canfield, Paddock, and Stone until he was chosen to serve on the Michigan Court of Appeals in 1995. He served on the Court of Appeals until Governor John Engler elevated him to the Supreme Court in 1999; and
Whereas, Following his appointment to the Supreme Court, the people of Michigan elected Justice Markman three times, first to a partial term in 2000 and then to full terms in 2004 and 2012. His colleagues later selected him as Chief Justice for the 2017-2018 session; and
Whereas, During more than two decades on the state’s highest court, Justice Markman was a thoughtful and hardworking arbiter of the state’s constitution and laws. He left his mark on the state and the legal community, writing thorough and well-argued majority, concurring, and dissenting opinions during his time on the bench. His contributions have also extended outside of his appointed and elective offices, penning numerous articles and book chapters, teaching constitutional law at Hillsdale College, and assisting Ukraine with the development of its most recent constitution on behalf of the U.S. State Department in the 1990s; and
Whereas, Throughout his time on our highest court, Justice Markman contributed immensely to the application of criminal sentencing guidelines in cases such as People v Kimble, 470 Mich 305 (2004), and People v Francisco, 474 Mich 82 (2006), where he penned pivotal opinions on Michigan’s criminal sentencing scheme, including providing in Kimble that “a sentence that is outside the appropriate guidelines sentence range, for whatever reason, is appealable”; and
Whereas, Justice Markman has demonstrated throughout his tenure strong support for the constitutional foundations of federalism and the separation of powers, as well as a reverence for the legislative branch of government, as evidenced most recently in the landmark decision ruling in support of state constitutional law in the case challenging gubernatorial emergency powers. In this opinion, Justice Markman restored the constitutional balance of power while noting the importance of co-equal branch communication and cooperation, and in doing so “left open many avenues for the Governor and Legislature to work together to address” the COVID-19 Pandemic; and
Whereas, Justice Markman’s instructive opinions have guided both practice and the law. In this vein, his dissent while on the Court of Appeals in a 1997 Headlee Amendment case about determining what is considered a tax or a fee under the constitutional provision became the building blocks for the Supreme Court in Bolt v City of Lansing, 459 Mich 152 (1998) and the Legislature’s subsequent amendment of the law; and
Whereas, Justice Markman has written impactful dissenting opinions while on the bench, like his strong defense of the best interests of children in his dissenting opinion in favor of the “one-parent doctrine” in In re Sanders, 495 Mich 394 (2014), or the resounding dissent he wrote in support of self-defense in People v Richardson, 490 Mich 115 (2011), stating:
“This Court must
continue to speak strongly and clearly on the right of self-defense,
particularly with regard to the sometimes difficult and insecure environments
of some of our state’s largest cities; and because the instructional error here
was far from harmless, implicating a quintessential right of a free society, on
which the Second Amendment of our Constitution is predicated—the right of
personal self-defense—I respectfully, but very strongly, dissent.”
; and
Whereas, Justice Markman’s contributions have positively changed the way laws are interpreted, resulting in a more faithful application of the law. Notably, on the calculation of days and time in Haksluoto v Mt Clements Regional Med Ctr, 500 Mich 304 (2017), Justice Markman wrote for the majority, “There is no principled reason to treat the last day differently from any other—the abacus bead does not slide over until the day is over,” ultimately holding that the statute of limitations period is tolled when a notice of intent is filed on the last day of the limitations period; and
Whereas, Justice Markman’s work on the Supreme Court and his steadfast commitment to our state will be missed. His principled efforts and commitment to the rule of law will offer guidance to those who follow him into the legal field and the state’s judiciary for years to come. Perhaps most importantly, his respect for the Legislature as an institution and the rule of law has unquestionably improved state government and, by extension, our society as a whole; now therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we offer this expression of tribute to commend and thank the Honorable Stephen J. Markman for his notable contributions to our state; and be it further
Resolved, That copies of this resolution be transmitted to Justice Markman as evidence of our gratitude and best wishes.
The House of Representatives has adopted the concurrent resolution.
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator MacGregor moved that consideration of the concurrent resolution be postponed temporarily.
The motion prevailed.
Senator MacGregor moved that the Senate proceed to consideration of the following resolution:
Senate Resolution No. 158
The motion prevailed.
Senator Runestad offered the following resolution:
Senate Resolution No. 158.
A resolution to memorialize the Congress of the United States to enact the Healthcare Workforce Resilience Act.
Whereas, The COVID-19 Pandemic has greatly strained the United States’ healthcare system. Hard hit areas have seen the number of patients surge and healthcare workers pushed to their limits. The crisis has exacerbated the nation’s shortage of healthcare workers, particularly in rural areas; and
Whereas, Immigrant healthcare workers have long been a vital part of our nation’s healthcare workforce but face restrictions on where they can practice. These doctors and nurses often fill posts in rural areas or jobs that would otherwise remain empty. However, those on H-1B visas face geographic restrictions and risk their immigration status if they practice outside of their local area; and
Whereas, The Healthcare Workforce Resilience Act would provide critical support to our nation’s healthcare system and improve our ability to combat the Pandemic by allowing more immigrant healthcare workers to practice in the United States. The bill would allocate up to 40,000 unused employment-based green cards from previous years to doctors and nurses. Workers granted green cards under the act would not be subject to geographic limitations and would be able to practice wherever they are needed; and
Whereas, The Healthcare Workforce Resilience Act would also allow these critical healthcare workers a reprieve from immigration backlogs preventing them from receiving a green card. Since the act would give green cards without regard to per-country caps, doctors and nurses could avoid a years- or decades-long wait for one to become available; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact the Healthcare Workforce Resilience Act; and be it further
Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Motions and Communications
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 6:12 p.m.
6:19 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
The following communication was received and read:
Office of the Senate Majority Leader
December 18, 2020
Pursuant to SCR 36 I hereby announce the appointments of Senators to the Joint Committee on Inter-Session Rules and Regulations.
1. Senator Kim LaSata, Chair
2. Senator Lana Theis
3. Senator Curtis Hertel
If you have any questions regarding this matter do not hesitate to contact me.
Sincerely,
Mike Shirkey
Senate Majority Leader
Michigan’s 16th Senate District
The appointments were approved, a majority of members serving voting therefor.
The communication was referred to the Secretary for record.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 5217
The motion prevailed.
Senator MacGregor moved to reconsider the vote by which the following bill was passed:
House Bill No. 5217, entitled
A bill to prohibit postsecondary educational institutions in this state and certain athletic organizations from preventing a college athlete from receiving compensation for the use of his or her name, image, or likeness rights.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Hollier offered the following amendments:
1. Amend page 6, line 11, after “logos,” by striking out “or”.
2. Amend page 6, line 12, after “symbols,” by inserting “or any other intellectual property,”.
The amendments were adopted, a majority of the members serving 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. 630 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Victory
Bumstead LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Nays—1
Runestad
Excused—1
Lucido
Not Voting—0
In The Chair: President
Recess
Senator MacGregor moved that the Senate recess until 7:30 p.m.
The motion prevailed, the time being 6:24 p.m.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 7:31 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 6333
The motion prevailed.
The following bill was read a third time:
House Bill No. 6333, entitled
A bill to amend
1893 PA 58, entitled “An act to provide for selecting seats for members in the
hall of the house of representatives,” by amending section 1 (MCL 4.61).
The question being on the passage of the bill,
Senator McBroom offered the following substitute:
Substitute (S-1).
The question being on the adoption of the substitute,
Senator McBroom withdrew the substitute.
Senator McBroom offered the following amendment:
1. Amend page 3, following line 5, by inserting:
“(5) This act does not apply if section 54 of article IV of the state constitution of 1963 is repealed or is amended after the effective date of the amendatory act that added this subsection.”.
The amendment was adopted, a majority of the members serving 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. 631 Yeas—20
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Daley MacDonald Runestad VanderWall
Horn MacGregor Schmidt Victory
Johnson McBroom Shirkey Zorn
Nays—16
Alexander Bullock Hollier Moss
Ananich Bumstead Irwin Polehanki
Bayer Chang McCann Santana
Brinks Geiss McMorrow Wojno
Excused—1
Lucido
Not Voting—1
Hertel
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
The Senate agreed to the title of the bill.
Senators McBroom and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The
motion prevailed.
Senator McBroom’s statement is as follows:
Mr. President, I’m going to speak briefly on the bill because there are some questions about it—why are we doing this, it seems very esoteric and not so important. I had this bill myself when I was in the House Chamber in the 2015–2016 session.
You have to remember that because of term limits, things have substantially changed in the way the House of Representatives operates and we went from a seniority-based seating system where the seniority was allowed to choose its seats to a situation that really came about by around 2007, maybe 2005, where the leadership of the parties out of necessity really directs the members to choose specific seats so that the members can sit with somebody to provide mentoring and help to understand what’s going on because you went from a maximum of ten new people in a new term in the House to sometimes 60 new people as we have since term limits have kicked in. Both parties have found it necessary to try to assist the members, and it’s created a situation where this very old traditional thing with blindfolded children picking ping-pong balls out of a box to choose the seats is really just a farce now and doesn’t actually amount to people really choosing their seats.
On top of all of that, with the electronic equipment and such for voting, the clerks have to program the entire chamber—all 110 seats—for where everybody sits at first, and then go through this elaborate ceremony that takes over an hour, and then shut everything down and reprogram all the buttons and seats for where the members are actually going to sit. This is a lot of extra work for our staff, for our clerks, and really elongates the entire opening day for the House of Representatives.
This is an important change. It makes things much more swift and efficient for our staff and for the members and their families who come in for opening day sessions in the House.
My amendment that I appreciate was adopted allows for us to go back to this tradition if term limits were to be amended or repealed at some point and seniority truly returns to the House. At this point with a maximum of three terms of seniority, it’s really become an anachronism of the past that needs to be modified or suspended for the time. I would really appreciate members helping out the House, particularly the House staff that I’ve still got a particular soft spot for, and pass this bill.
Senator Hertel’s statement is as follows:
I will be abstaining from this vote as I couldn’t possibly care about this bill and I can’t believe we’re doing this tonight.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 879
Senate Bill No. 920
The motion prevailed.
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3406o (MCL 500.3406o), as amended by 2016 PA 276, and by adding section 3406w.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17713.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202,
the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 632 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 7:58 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 748
Senate Bill No. 604
The motion prevailed.
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.
(This bill was returned from the House on October 21 with a House substitute (H-3) and immediate effect. See Senate Journal No. 82, p. 2173).
The question being on concurring in the substitute made to the bill by the House,
Senator Stamas offered the following substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on concurring in the House substitute as substituted,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 633 Yeas—35
Alexander Geiss MacGregor Schmidt
Ananich Hertel McBroom Shirkey
Barrett Hollier McCann Stamas
Bayer Horn McMorrow Theis
Bizon Irwin Moss VanderWall
Brinks Johnson Nesbitt Victory
Bullock LaSata Outman Wojno
Bumstead Lauwers Polehanki Zorn
Daley MacDonald Runestad
Nays—2
Chang Santana
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Protests
Senators Santana and Chang, under their constitutional right of protest (Ar. 4, Sec. 18), protested against concurring in the House substitute as substituted for Senate Bill No. 748 and moved that the statements they made during the discussion of the substitute be printed as their reasons for voting “no.”
The motion prevailed.
Senator Santana’s statement is as follows:
Although there are great things in here to support—our first responders, direct care workers, and our teachers in our community—I think we missed an opportunity here to make sure that we’re supporting not only the disconnect for our children, but also for our seniors. Technology is something that we are moving into more of an innovation and people needing technology in order to support tomorrow’s future. I think that the most vulnerable people are our children and our seniors who—some of our seniors take care of their students while they’re out running remote and they don’t have access to technology. We have rural areas across the state of Michigan that do not have access to technology as well. So I think we’re missing an opportunity here through COVID to make sure that we’re making those connections for those communities.
And so I’m rising today to give my “no” vote explanation because I definitely feel that this body and this chamber makes decisions around appropriations the way that they feel necessary to support their communities and others and I don’t feel that this is representative of the community that I represent that needs the support, that has been impacted the most by COVID during this time.
Senator Chang’s statement is as follows:
I appreciate the many items that are in this supplemental appropriations bill that will go a long way in helping our residents through the pandemic. However, I cannot in good conscience vote to support it.
My first priority is always to protect the health and safety of my residents. This supplemental appropriations bill includes harmful boilerplate language ordering the Department of Transportation to ignore facts, ignore my community, and have the community rely on an eight year old rejected draft study from the middle of a process to allow certain hazardous material to go across the antiquated Ambassador Bridge.
Our state, many years ago, decided to reject this study because it was flawed, because it did not follow federal standards, and because during the process of hearing community input there was strong opposition. Well, that opposition still exists today. Over 400 residents in and near my district signed a community petition opposing this request for hazmat on the bridge. The Detroit City Councilmember, Wayne County Commissioner, member of Congress, Canadian member of Parliament, entire Windsor City Council, and yes, me, the State Senator, all representing these neighborhoods directly impacted all have written our opposition to this request because it would jeopardize the health and safety of our residents.
Three schools and two public parks lie within the vicinity of the bridge and plaza, which is surrounded by a densely populated neighborhood where 40 percent of the residents are children. Let’s be clear that in addition to the residents in my district, the danger posed by this boilerplate language affects all those whose drinking water comes from the Detroit River.
Hazardous material already has safe, allowable ways to get across the international border, including the well-maintained and state-inspected Detroit Windsor Truck Ferry and modern bridges that are inspected and maintained, and designed to modern traffic safety standards. Allowing these types of hazardous material to be transported across the Ambassador Bridge—a bridge that is over 90 years old, not up to the same level of inspections, traffic safety features, spill containment, or fire suppression systems needed to protect my residents’ safety—is downright dangerous. The Ambassador Bridge cannot be credibly compared to Michigan’s other international bridges, which are more modern. The bridges in Sault Ste. Marie and the Blue Water Bridge are younger and have solid and transparent fire suppression and spill containment plans. In addition, the Ambassador Bridge does not segregate passenger vehicles from cargo traffic. It is imperative that the busiest border crossing in North America is protected from closures, interruptions, or damages from hazmat spills or accidents.
Just a few months ago, a man climbed to the top of this bridge carrying several pieces of equipment, and took photos. No one saw him or caught him in the act. This is concerning and points to the need to strengthen safety and security precautions for the bridge, not loosen them. Additionally, I will point out that this language very likely violates federal law regarding hazmat transport and the process criteria identified within that law.
Our state has a responsibility to protect its residents from harm. During this last day of lame duck, we should always be focused on improving peoples’ quality of life and health, not actively working to jeopardize it. I am incredibly disappointed that this boilerplate language is currently in the bill and will be voting “no.”
Senators Stamas, Irwin and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Stamas’ statement is as follows:
Before us tonight is a supplemental that if signed into law would bring our total investment in the battle against COVID-19 to nearly $4 billion. That’s a substantial investment for supposedly not having done anything for COVID in this chamber over the last year
This bill directly addresses the recent surge in viruses. It gives
hospitals and nursing homes the resources they need to hire more nurses. It
increases testing capacity and vaccine distribution, including for our
teachers. It delivers assistance to workers laid off or furloughed due to the
shutdown orders. And it helps small businesses shuttered by the Governor’s
orders to avoid permanent closure. It does all of this using lapsed and federal
funds, not taxes, fees, or cuts in essential services.
This bill does not mark the end of the fight against COVID-19, but it is an other critical step in helping Michiganders battle the virus and survive the repeated shutdowns of our economy.
I ask for your support.
Senator Irwin’s statement is as follows:
I rise to support this supplemental budget and to highlight how through passing this bill, we are taking action to help struggling Michiganians. I’ve stood at this podium over the summer and into the fall asking for additional support for unemployed workers and small businesses and I’m pleased that this budget supplemental includes support for those small businesses and those unemployed workers. An extension of unemployment is necessary and while I was pushing for an expansion of the benefits, I am very grateful that we are going to extend those benefits for unemployed workers in Michigan. With this budget, we’re also extending aid to these workers and small businesses, especially to those restaurants, entertainment venues, and other hospitality and tourism businesses that have been especially hit hard by this pandemic. These are the businesses that are essential to the fabric of our communities that are oftentimes the first to close down and they’re going to be the last to fully reopen. So I’m especially happy that we’re including direct aid to these restaurant workers as well as to the businesses that we need to keep alive through this pandemic response. I’ve also stood at this podium before and spoken many times about the essential, intimate work that our direct care workers are doing in nursing homes and people’s private homes and adult foster care homes across this state. These direct care workers are dramatically underpaid—before this pandemic, they were receiving a very small $2-per-hour increase, sort of a ‘heroes pay’ for their incredibly important work and I’m very glad that we’re going to continue that for another couple of months. I call upon my colleagues to continue to pay attention to these direct care workers who are going to need to be looking out in February and March when this funding we’re passing today runs out.
I’m very pleased to be supporting this supplemental, but I ask my colleagues for one thing when they leave this chamber today—after we vote for this help for struggling Michiganians, I ask that we all lock our hands across the aisle and all call our members of Congress. We absolutely need more support from the federal government. The state of Michigan, as we all know, has to pass a balanced budget, and Congress has more tools to support our small businesses and our unemployed workers, to keep people safe during this pandemic. After passing this budget, I hope we can all work together to reach out to our members of Congress and let them know that state and local governments need aid, that it’s essential to our economy that we keep our schools running, that we keep police officers on the beat, that we keep paying for the social workers who work in our communities. These revenues are essential where if state and local governments start to falter—if we need to make dramatic cuts next year because of the economic impact of this pandemic—It’s going to have a tremendously negative impact on our national economy, so please help me in reaching out to our members of Congress and in supporting this budget today to help our people.
Senator Hertel’s statement is as follows:
I for one fully admit that this bill is not perfect. That being said, I believe it’s incredibly important and reflects a compromise in the discussion and priorities laid out by our Governor who I thank for starting this process, the caucus on my side of the aisle that has been talking about these issues for the last six months, and the other side of the aisle and the good work done by Chairman Stamas on this bill. I appreciate that good work.
I just want to highlight a few things for people before we vote. There’s $51.3 million in this bill for local health departments and health care providers to get the vaccine to people who need it. There’s $22.5 million for testing for coronavirus, $15 million for personal protective equipment, $3.3 million to help our hospitals take care of nursing home residents, there’s money for care and recovery centers, and there’s money for temporary staffing at our hospitals.
There’s $3.5 million for ‘Save Our Stages.’ This is something I have personally been working on for a while. Small entertainment venues, small businesses that employ thousands of people across our state don’t want to open. They understand fully that they can’t open. They cannot protect their staff, they cannot protect themselves, and they cannot protect their customers. But if we lost all these small stages across the state, it would be a disaster for Michigan. They are an economic driver. They are a cultural experience and yes, even my band—when I had a band in Detroit when I was a teenager—played at many of these stages. Maybe it was a little less cultural then, but still, incredibly important.
There is $55 million in small business survival grants. These are for
businesses that have been affected most by the pandemic. It’s incredibly
important that these small family businesses get the help they need in these
difficult times. There’s an extension of unemployment benefits, also incredibly
important. And there’s $45 million—and this might be the most important thing—$45
million for employee assistance across our state. For employees who haven’t
been able to work because of the pandemic, that adds up to $1,650 per worker.
Is that enough? I don’t know the answer to that question, but it will mean
something to them as we head into these holidays.
Politics is often the art of the imperfect. I wish there were different things in here. I wish some things were out of the bill. I wish that negotiations had gone a little further sometimes, I will admit that. At the end of the day, there are things in here that the Governor, myself, and the other side of the aisle can all celebrate. More importantly, the people of Michigan can celebrate. For that, I ask my colleagues to vote “yes” on this bill.
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17, 27, 28c, 28d, 29, 32, 32c, and 48 (MCL 421.17, 421.27, 421.28c, 421.28d, 421.29, 421.32, 421.32c, and 421.48), sections 17, 27, 28c, 28d, 29, 32, and 48 as amended and section 32c as added by 2020 PA 229, and by adding section 29a.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
Senator Stamas offered the following substitute:
Substitute (S-6).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on concurring in the House substitute as substituted,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 634 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Geiss 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 bill:
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa.
The bill was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 5920
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 5920
The motion prevailed.
The following bill was read a third time:
House Bill No. 5920, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa.
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. 635 Yeas—36
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—0
Excused—1
Lucido
Not Voting—1
Hertel
In The Chair: President
Senator MacGregor moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving 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. 636 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Lucido
Not Voting—0
In The Chair: President
Senator MacGregor 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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The Senate agreed to the full title.
Senator MacGregor moved that the following bill be given immediate effect:
House Bill No. 6333
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Resolutions
House Concurrent Resolution No. 33
The motion prevailed.
House Concurrent Resolution No. 33.
A concurrent resolution of tribute for the Honorable Stephen J. Markman.
(This resolution was received from the House earlier today, rules suspended and consideration postponed. See p. 2545.)
The question being on the adoption of the concurrent resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Protests
Senators Ananich, Bullock, Brinks, Polehanki, Bayer, McMorrow, Moss, Wojno, Hollier, Alexander, Geiss, McCann, Chang and Santana, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of House Concurrent Resolution No. 33.
Senators Ananich, Bullock, Brinks, Polehanki, Bayer, McMorrow, Moss and Santana moved that the statements they made during the discussion of the resolution be printed as their reasons for voting “no.”
The motion prevailed.
Senator Ananich’s statement is as follows:
It troubles me greatly to rise today in opposition to a tribute to honor the judicial decisions of retiring Michigan Supreme Court Justice Markman. In this tribute, we are being asked not just to honor his tenure, but also endorse his decisions, and that I cannot do. For, when history called recently and asked the Court to overthrow the votes of 5.5 million Michiganders, he sided with those who were trying to undermine the very fabric of our Constitution and our democracy. He was on the wrong side of history and I cannot honor his actions mere weeks after that decision.
For that reason, I cannot support this resolution.
Senator Bullock’s statement is as follows:
While we acknowledge Justice Markman’s tenure served and the wonderful statement by the Senate Leader from the 16th District, the Justice, does not get a pass. You do not get a pass.
As a representative of the people in southeast Michigan, I can not endorse this resolution as presented, nor in good conscience overlook many of the Justice’s decisions, namely his most recent decision to promote and politicize the recent presidential election outcome by voting to allow and attempt to undermine the tenets of our democracy, the institution of our election process, and the illegal pandering to overturn the will of the people—particularity the votes of the Black, Detroit residents.
This was a blatant disregard and a narrative to disenfranchise, a better word would be to disengage minority communities of their vote, as if we don’t matter.
He does not get a pass.
Senator Brinks’ statement is as follows:
While I would
honor his service, I cannot endorse the legacy of Justice Markman because he
was on the wrong side of history.
Senator Polehanki’s statement is as follows:
While I would honor his service, I cannot endorse his legacy because he was on the wrong side of history.
Senator Bayer’s statement is as follows:
I, too, would honor his length of service, I cannot endorse his legacy because he was on the wrong side of history.
Senator McMorrow’s statement is as follows:
Like my colleagues, I would honor his service, I cannot endorse his legacy because he was on the wrong side of history.
Senator Moss’ statement, in which Senators Wojno, Hollier, Alexander, Geiss, McCann and Chang concurred, is as follows:
I just also wanted to add my “no” vote explanation. We can honor somebody’s tenure in public service without subscribing this entire chamber to a particular judicial philosophy.
Senator Santana’s statement is as follows:
While I would honor his service, I cannot endorse his legacy because he was on the wrong side of history.
Senator Nesbitt asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Nesbitt’s statement, in which Senator Barrett concurred, is as follows:
I am honored to speak on behalf of a great lawyer, a great justice—Justice Stephen Markman, justice on our Supreme Court for 21 years. Some proud service to this state and our country.
As some in this chamber know, I’m a proud graduate of Hillsdale College—an institution that takes no money from the state or federal government and requires its students to take a course on our Constitution. It’s a place where monuments and memorials to Washington, Madison, Lincoln, Thatcher, and Reagan greet the students as they walk to class. It is in those classes where those students have a unique opportunity to learn lasting lessons from some of our nation’s top thinkers in history, natural rights, and our Constitution.
One of my fondest memories while I was there at Hillsdale was the course I took on constitutional law taught by Justice Stephen Markman, a member of the Michigan Supreme Court. As we examined cases and events, Justice Markman would challenge us repeatedly, ‘What does the Constitution say? Go back to those original texts. Justice Markman’s class focused on an in-depth analysis of the actual text of the Constitution, rightly imploring that those words by our Founding Fathers—great minds of the foundation of this nation that has lasted for 225 years—should guide the legal interpretation today, not the subjective desires of interpreters or some low class, as to what the law should be or what we want it to be. He fortified in his students the importance of a knowledgeable citizenry, standing firmly in the defense of the principles that serve as the bedrock of our constitutional republic.
As a member of the Supreme Court—our Supreme Court, Michigan’s Supreme Court for 21 years—Justice Markman has faithfully practiced the principles that he taught. Time and time again, presidents, students, and Michigan citizens placed their trust in Justice Markman. He has been a fair, independent rule of law judge who has worked to resolve every case before him in accord to the rule of law. And where he believed it to be necessary, Justice Markman authored compelling dissents with conviction and clarity.
Our country is at a crossroads and the foundational principles of our republic must be maintained in order for us to remain that shining city on a hill. Now more than ever do we need justices like Justice Markman. And you only need to look to the past few months in our own state the reason why.
So it is with that I say thank you, Mr. Justice, for your uncompromising commitment to freedom and liberty. The products of your service to our state and our country will be a benefit to many for years and years to come. For that reason I am proud to support this honorary resolution and I hope the rest of my colleagues join me in that.
Senate Concurrent Resolution No. 37
The motion prevailed.
Senator McBroom offered the following concurrent resolution:
Senate Concurrent Resolution No. 37.
A concurrent
resolution to call for a continued commitment to investigating allegations of
fraud and irregularities in our elections, to considering and implementing
reforms to improve our elections and audit processes, and to restoring citizens’
faith in the accuracy and integrity of elections in Michigan.
Whereas, The tremendous uptick in absentee voting demonstrated that our election laws are inadequate to protect the integrity and legitimacy of the election. Because substantial absentee voting is likely the new reality, proper changes to our election laws must be made to ensure citizens can be confident in future election results. Looking to best practices across other states, we must institute proper early processing of absentee ballots, update and clean up the Qualified Voter File, and ensure proper verification of voter identity that does not impede the right to vote, among other potential changes; and
Whereas, Ongoing robust legislative oversight through committee work and other means are rightly reviewing the November 2020 election and our election processes. Legislative oversight is an important tool that can be utilized to reveal fraud, vulnerabilities, and irregularities; dispel myths and rumors; and inform policy changes that should be made to our election system; and
Whereas, Both the Senate Oversight Committee and the House Oversight Committee have met numerous times and continue to meet to hear concerns and review information related to Michigan’s elections. The committees have heard testimony from concerned citizens, poll challengers, county clerks, and other parties, and that testimony has already revealed potential election reforms to consider. The committees have also issued multiple subpoenas to collect documents and information, which help inform their work; and
Whereas, In addition to legislative oversight, continued prosecutorial review of many items regarding the November 2020 election is warranted. Allegations of fraud and irregularities, such as deceased persons voting, mismatched signatures on absentee ballots, error-prone voting equipment, and other things demand a thorough prosecutorial investigation. Additionally, knowingly false accusations and the propagation of rumors designed to create mistrust and deceive the public should be exposed and prosecuted to the maximum extent possible. Such investigations are particularly suited to root out violations of the law and highlight prudent reforms and function to maintain a heritage of peaceful transitions of power and of solving our differences and disputes through the political process rather than through violence or tyranny; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we call for a continued commitment to investigating allegations of fraud and irregularities in our elections, to considering and implementing reforms to improve our elections and audit processes, and to restoring citizens’ faith in the accuracy and integrity of elections in Michigan.
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator MacGregor requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
Roll Call No. 637 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead MacDonald Runestad VanderWall
Daley MacGregor Schmidt Victory
Horn McBroom Shirkey Zorn
Johnson
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Lucido
Not Voting—0
In The Chair: President
Protests
Senators Santana, Bullock, Alexander, Hollier, Moss, Chang, Geiss, Bayer, Polehanki, Ananich and McMorrow under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Concurrent Resolution No. 37.
Senators Santana, Hollier and McMorrow moved that the statements they made during the discussion of the resolution be printed as their reasons for voting “no.”
The motion prevailed.
Senator Santana’s statement, in which Senators Bullock and Alexander concurred, is as follows:
Today I rise to oppose Senate Concurrent Resolution No. 37, as this resolution is not worth the paper it’s written on and truly is a waste of taxpayer’s resources.
As a Detroiter, I had the opportunity to hear all of the statements, affidavits, quite frankly all the allegations of fraud that have been proven time and time again by the courts as baseless arguments heard in committee by untrained poll challengers. You can’t think that it’s OK to come into someone else’s city, think you are going to run our process, and have no understanding of the process.
This is an unprecedented time in our history and yet Michiganders, just as in this country, voted in historical numbers. We have had millions of people request absentee ballots, voters cast their ballots early at designated locations, and dropped them at their clerk’s ballot boxes across the city of Detroit. The real problem is not that there was fraud—it’s the lack of this body to take action and give our clerks the proper tools to perform their jobs.
Just like any other election, the opportunity to recount ballots was not exercised, so I ask the question, why are you trying to play these shenanigans? Your presidential candidate had an increase in his own vote count from the 2016 election by 5,000 additional votes and the amount of people who voted in Detroit is consistent with the same amount of votes that came out of the prior election.
I’m appalled that this is an attempt to disenfranchise voters from an urban city with a majority of Black voters, but you can keep playing this game. But guess what, we are going to continue to exercise our voice and our vote. Thank you clerks across Michigan for ensuring our elections are done with the utmost integrity.
Senator Hollier’s statement, in which Senators Moss, Chang, Geiss, Bayer, Polehanki, Alexander and Ananich concurred, is as follows:
In 2016 I sat at home glued to the election results like many of you, watching the President win a stunning victory in Michigan. As the early returns came in, I was frustrated and saddened and going through a range of emotions that many of you probably experienced this year. You probably did not get a call from your favorite Army training officer who calls himself a ‘conservative hick from Kentucky,’ lamenting to me about how Detroiters couldn’t count our votes. Again, you know how bad it is when someone from Kentucky is challenging your math.
I was frustrated and especially so. When President Trump won Michigan by just 11,837 votes, in Detroit we were all extremely frustrated because 80 voting machines malfunctioned and there were discrepancies in 59 percent of precincts. 75,000 ballots had a blank value for president and no one cried about voter fraud. No one saw investigations. No one asked what happened. Except maybe the Presiding Officer, who, in outrage, decided to run for clerk because he, like I, saw change needed and necessary. I introduced Senate Bill No. 867 to allow clerks more time to count ballots after going through a national convention and that was the best practice, noting that Michiganders voted to give more access; to give people an opportunity to vote absentee and let people avail themselves of that opportunity. It never got a hearing. Never came up. And when media asked members of this body, they said, ‘It won’t be so bad if we don’t know the results on Election Day. It will all get sorted out in the future.’ And here we are, saying that it was fraud because in the middle of the night they didn’t have an answer. Because they didn’t have an answer in the next morning. Because they didn’t have an answer that afternoon. Because increasingly the answer is something that some people didn’t want to hear.
But, like many of my friends and colleagues, I recruited friends and neighbors and asked corporations to volunteer, to send their best and brightest, their most qualified—people who understood process and had training to volunteer to help make sure we didn’t have the problems that we had four years ago. The Secretary of State volunteered—partnered—with the city clerk. The former elections director for the state who worked under three Republican clerks was there for every moment and said no fraud happened. My friends, neighbors, fraternity brothers, sisters—everybody volunteered. Everybody pitched in to make a difference. On October 30 I hand delivered my absentee ballot along with my wife because of concerns we had with the mail. Because my zip code in Detroit had the slowest on-time delivery rate of any zip code in the state and Detroit of any city in the country. There were lots of problems. Voter fraud was not chief among them. But, on November 2, you all know I was blessed to welcome the birth of my son. On November 3, I was beset not with calls congratulating us on a healthy baby boy, but my constituents urged me to go down to the TCF Center. My friends calling me calling me and asking me to go down to the TCF Center. And so instead of being with my wife and child at the hospital at a time where, because of COVID, they could have no visitors, my wife said, ‘You need to be there. 240,000 people sent you to make sure that their ballots are counted. And you now what? Our ballots are probably there waiting to be counted now too. Because they’re going to count ours last. The only people’s they are going to county after ours are military and veterans—people that are serving overseas.’ Those were the last ballots to be counted hours after people said, ‘Stop the count.’ They said, ‘Stop the count’ before our military and overseas veterans’ servicemember’s ballots were counted. The people who we had an opportunity to vote electronically so their ballots would have already been counted. We didn’t do that. We don’t do that. We didn’t challenge to make sure that their ballots were counted. Instead, we were supporting the people who said, ‘Stop.’ And it makes no difference to most people that this is the Blackest city in the state and one of the Blackest cities in the country. And to separate that fact from what people are saying that fraud happened can’t be done. Either you’re saying Detroiters can’t count their ballots because there is some fraud going on, or you’re saying Black people can’t count—some Black people can’t count votes in Detroit. Because that’s who’s at TCF Center. That’s who is counting these ballots.
Let me take some of the guesswork out of what I saw at the TCF Center. I saw people who came from all over the state, some from across the country, and journalists from around the world to see the spectacle that Detroit had become. That we allowed because we did not give the clerk the time to count ballots ahead of time. I talked to reporters from Germany, from Australia, from Sweden, from Japan, because they couldn’t understand how our democracy was so broken that people would come and say, ‘Stop counting ballots.’ They would say, ‘Only count the lawful ones, not the ones that were counted here. These were stolen.’ I heard people say ‘They.’ As a Black man who grew up in Detroit, whenever somebody says ‘they’ talking about a room that looks like me, I feel something. I feel something really deep because if you say ‘they’ and it’s just people that look like me, it means Black people. I want to talk about race, and I’m certainly not the one to bring it up at every moment, but it was on full display that night, and has been on every moment of this discussion whether you mean to or not. The people who use your words and your language want to. They wanted an excuse to say Black people can’t count—that we shouldn’t be counted. They said we cheated. They said, ‘They are cheating.’ Those are my church members. Those agitators said, ‘They are stealing.’ Those are my neighbors. Those are my friends. Those are the people who voted for me. When those outside agitators said ‘they’ and they would reference those election workers, those are the people I recruited. Those are the people I asked to take out of their time, this day, and go spend a day to make sure our ballots are counted. Go spend a day to make sure that we don’t have year like we did four years ago. And you know what? They had people taking their masks off, leaning over them, pushing, prodding. That’s what they dealt with. They chanted, ‘Stop the count. Stop counting. Only count legal ballots. Only count legal ballots.’ That’s insane. No one ever who has any official role who has had to sign their name to a legal document has said that there was a single ballot illegally cast in the city of Detroit. Not one. Not one person at any level has said that. Yet we continue to say, ‘Well I think there is something fishy going on.’ We don’t say that about other communities. And so you have to say to yourself, are the words and rhetoric you are giving life to supporting the racist people who say Black people can’t count; Black people can’t do this; Black people shouldn’t be doing this; that Black people should not determine this election. Because at the TCF Center, I heard people saying that. I heard them say, ‘They shouldn’t determine who wins this election. Their voices don’t count.’ Mind you, this is a generation after we passed the Civil Rights Act. This is a generation after people really couldn’t vote—couldn’t be counted. And here in Michigan in the north, in a place that my family moved to from the south to escape that space, we’re back at square one.
But, you know, after they caused a scene. After they said, ‘Stop,’ they sang, they danced, they chanted, they brought out their guitars, they sang Christian songs, and that’s the dichotomy. They were good Christians. They were the good people, the people who were just here to protect their election—to protect their country. But when they say that, they meant protected from me. They meant protected from people that looked like me, who would steal from them, because I don’t have any right to this country. Because I have not right to vote. Because I have no right. That’s what they want to protect you from. To protect you from me. When my friends wanted to protect us, they volunteered. They signed up and worked the polls, because they never wanted for people across this country, across the world, to say, ‘They messed it up in Detroit.’ Because that’s what they did four years ago. They said we didn’t show, we didn’t vote. That’s the problem.
This is unacceptable. I’m so tired. I’m so frustrated that we are going to waste taxpayer dollars to look for fraud. If you want to fix the problems—I want to fix the problems. No one here will tell you that our system is working right. No one will tell you that we are doing all the things that we can to make sure very single ballot is counted—that every single person gets the opportunity to vote. That us flaunting fraud and playing this game, that’s not the way. It’s not going to make our elections more secure. It’s not going to make sure that the people of Michigan have their voices heard. So please, stop saying Black people can’t count. Stop saying our voices don’t matter. Stop saying irregularities are fraud. Stop. Just stop. Because I’ve talked to every single member of this chamber and I think you all are here to take care of your people. But I lost my State Representative this year and the person who replaced him had to leave his home, had to change his number, had to send his family away because God forbid when Wayne County was seeking to certify the election—his election—to ensure that people in my district, the district I live in, would be represented in this building, he got death threats. And not just, ‘Hey you know,’ those kinds of things. People showed up to his home. They threatened his sister, his mom, his family. They said to him, ‘We’re going to kill you.’ And they did that because he was Muslim. They did it because he was a person of color. And I’m not saying any of you did that. I’m saying this discussion lets people do that. It lets people feel empowered to threaten. Because that’s what’s happening. Representative Johnson—death threats for a week. Because she had the gall to challenge people who were challenging our votes.
Again a Detroiter. Secretary of State—armed protesters at her home. She lives in Detroit, maybe you don’t know. But she lives directly across the street from my aunt and uncle. Armed protesters again saying, ‘Hey don’t count these ballots in Detroit. They were cheating. They were stealing.’ That happens in Detroit. It doesn’t happen in other places. It didn’t happen in Livonia. It didn’t happen in Antrim County. It didn’t happen in any of these other places that have ballots that weren’t in ballot boxes. That’s not what happened. And God it’s frustrating. It’s so frustrating that when people see fraud they point to Black people and say, ‘You did it. This is what happens when we let you do things.’ So remember as you quote unconfirmed, unsubstantiated sources about irregularities and fraud, that the Cybersecurity and Infrastructure Security Agency called the November 3 election the most secure election in American history. That the person President Trump appointed to lead and maintain this said there was no fraud. That every judge in every county appointed by a Republican or Democrat all across the country said there was no fraud. There was not even evidence of fraud. There was not sufficient grounds to hear many of these cases. But we’re going to spend money and time and resources talking about nonexistent fraud and not about the fixes that we know we need. We need to make sure that people can vote. We need to make sure that the people who are counting the ballots have time to count the ballots. And we need to make sure that we have real processes and procedures to count ballots when they’re out of balance; to count precincts when they’re out of balance; to do robust recounts and audits; and to do all of those things without saying that user error and irregularities are fraud—to say, ‘Hey, people are going to make mistakes.’ The only way we make our system robust and strong is if it has natural checks and natural balances. So when this body is ready to work on real fixes and real solutions, I’m the first person to sign up. Because I don’t ever want to look at an election again and have to defend that Black people can count ballots, that Black people are not committing voter fraud. Because every discussion about voter fraud has been pointed and directed to a Black community. And I’m not saying that that’s what this body is trying to do. I’m saying every time you bring it up some racist person uses it to fuel their argument because they say, ‘See, the Senate, they see something. They know there is something and you know they are too politically correct to really say that those Black people can’t do it, but that’s what they’re using it for.’ That is how your words and your actions are being used. And I don’t think that that’s what you want. So please stop. Please stop.
Senator McMorrow’s statement is as follows:
I wasn’t planning on speaking on this resolution, but I read it and felt
compelled because Rochester Hills, one of the communities I represent, was
hoisted up and thrust into the national spotlight as an example of a small
error that was quickly corrected but that was used to blow up this idea that
there was widespread fraud. The Rochester Hills city clerk is one of the best
election officials in the entire country. She’s a Republican; I’m a Democrat.
We disagree on some issues, but we are not only partners in this, we’re
friends. She and I are very close. She has dedicated her life and her
career to administering fair and secure elections. She and I actually hosted a
virtual town hall the week before the election to answer any questions that
people had, and I wanted to make sure that it was myself—a Democrat—and a
Republican from our district to show people that we were aligned around making
sure it was all about accurate information, getting the information out there,
and working together.
She and I talked after what happened in Rochester Hills was a stack of ballots was entered twice but quickly corrected and shortly after she found out she had lost her election for county clerk which she was running for, suddenly she was the focus of national attention and threats. And it was horrifying for her. When I talked to her on the phone, the first thing she said was, ‘I can’t believe I made a mistake, but we fixed it. As soon as we saw it, we fixed it.’ She mostly felt like she let down every election worker, every poll worker, everybody who volunteered, even though she did her job and her entire team did their job. As soon as it was brought to the attention, it was corrected which showed that the system works.
What I want to say here is I know every single office, every single legislator here, has had their staff go through the wringer for the past few weeks. We have gotten thousands and thousands of e-mails and phone calls and social media messages, not from Michigan. My staff now jokes that we need a punch card. We have every single state in the country, and other countries, threatening us to continue looking into the fraud that exists which is taking precious time away from our staff being able to get to our constituents who need us—whose unemployment is running out, who need to find a food pantry, who want job help, who want help on their resume, whatever it may be—we have to sift through thousands of e-mails because Michigan is now at the center of this idea that there is somehow widespread fraud and that the system is fundamentally broken when lawsuit after lawsuit after lawsuit after lawsuit shows that there is no fraud. Our role here as legislators is to introduce and pass legislation, and for months if not years because I know how long the clerks and election officials have been working to prepare for this election, they’ve been telling us what they needed. They’re the experts. They want more time to be able to process or count absentee ballots so that we don’t run into an issue where we’re waiting a few days afterward for the results, because that time, I think we’ve all learned this year, is when doubt is seeded, when we’re waiting—what could go wrong, why is it taking so long—and in Michigan it didn’t take that long. But this Legislature didn’t listen to their asks. We didn’t listen to the experts who told us what they needed. Instead, we continued to fan the flames of these ideas of fraud.
Our role as the Legislature should be to introduce and pass bills to support our election workers, to improve our election system, and I think everybody wants to work on that. We all want to make sure our elections run smoothly, but if anybody has evidence of a crime, they should report that crime to law enforcement and go through the proper channels. That is how we restore faith in our elections because I have to tell you, every time we say, ‘Well, we’re just asking questions,’ just asking questions is the very definition of doubt. If you’re not sure about something, but week after week after week we continue to just ask questions, that flies in the face of every election expert who’s telling us—telling us—this is what happened, showing us the paperwork, we have paper ballots in Michigan, there’s a hard copy backup of everything, showing us the evidence, and we turn around and say, ‘No, that’s not good enough because there are just too many questions. We’re just asking questions.’
The way we restore faith in our elections is by those of us in the room standing up and standing beside the people who have committed their entire careers and their lives to making sure that people have the right to vote and saying we stand with them because they’re right and they’re the experts. There’s no partisanship behind it, and I think the most heartbreaking thing to me is now this clerk in Rochester Hills who, like I said, is one of the best in the entire country is questioning her career choices. I don’t blame her. Her entire life’s work has been thrown under the bus. And that’s a loss to my community, to our state, and to our entire country.
Senator McBroom asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator McBroom’s statement is as follows:
I didn’t really expect there’d be a need to talk, and so I don’t really
have any well-prepared remarks as
I generally try to have when I speak to you.
I guess I’d like to express a little bit of heartbreak that this
enormous lack of trust that we have as a country and a society, between races,
between regions, bleeds so badly that it’s even here in the chamber for some of
my colleagues for myself. I ask that members carefully read what’s been written
and see that no place in the resolution have I said that we’re investigating
fraud. I said that we’re investigating allegations of fraud. No place am I
saying we’re investigating criminal activity, but I’m saying that if some is
found, it needs to be prosecuted. In no place am I saying, let’s ignore the liars,
the prevaricators, the provocateurs, that they need to be brought to justice
too. The people who are eroding the confidence in the system. It is my
sincerest goal and ambition to bring about the confidence in the system that we
want, not to do otherwise.
It is our legislative responsibility to do investigations, not just
write legislation. That is our responsibility. And whether it’s this year’s
election, or the one four years ago, and perhaps others in the past that I’m
not as well studied on, there have been people on either side of the aisle who
have questioned those results.
I want to offer my sincerest apology for not caring more four years ago. I
wanted to apologize for not doing more to be more prepared for this election.
But here we are, and here’s our opportunity. If you read the resolution, it is
simply my commitment, and I hope yours too, to doing everything we can do to
establish as much confidence as possible in this system, so that the turmoil
and the frustration that some people—and
I know it, primarily on my side of the spectrum—are feeling this year would not
repeat itself in the future.
As we look at this problem, to my colleague from Detroit, the 2nd District, I cannot express, I don’t know how to share with you how much I support your anger and frustration and disgust and sadness toward any who would suggest that somehow Detroit is unable to handle this itself, whether for color or region. As the good Senator from the 3rd District who’s been sitting on my committee said, how frustrating it is to have people coming from outside telling us what to do. I know that frustration being from the Upper Peninsula. We wouldn’t like that either. I heard what you had to say, and I respect that, and I believe that. My party is exceptionally wrong right now, for many of its members, and how they’re acting, and how they acted on Election Day. It’s repugnant, it’s shameful, and it’s wrong. I encourage you to stand with me in continuing to point that out, not with fancy rhetoric and denunciations, but help me to bring together the facts of what happened and put that on the table.
Senator MacGregor moved that the Senate proceed to consideration of the following resolution:
Senate Concurrent Resolution No. 38
The motion prevailed.
Senator MacGregor offered the following concurrent resolution:
Senate Concurrent Resolution No. 38.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Friday, December 18, 2020, it stand adjourned until Wednesday, December 23, 2020, at 11:30 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Monday, December 21, 2020, it stand adjourned until Wednesday, December 23, 2020, at 11:30 a.m.; and be it further
Resolved, That when the Legislature adjourns on Wednesday, December 23, 2020, it stand adjourned without day.
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted.
By unanimous consent the Senate returned to the order of
Statements
The motion prevailed.
Senator Barrett’s statement is as follows:
I rise today to tell a story about a business in my district—Charlie’s Bar and Grill in Potterville—located right off the freeway on exit 66. Like every other bar and restaurant in our state, Charlie’s is struggling right now. Our Governor by way of her director of the Department of Health and Human Services—who by the way isn’t a doctor or a scientist or an infectious disease expert, who is actually a lawyer, on top of that a lawyer whom no one voted for—but nevertheless our Governor through her lawyer or director has unilaterally shut down every single dine-in restaurant in our state like Charlie’s where family and friends gather for a warm meal and a cold drink. I’m not a regular but I’ve eaten at Charlie’s more than a few times, especially when I lived only a few blocks away.
Recently a man dropped by Charlie’s while some employees were taking a break inside. I had a couple of guys who were helping me out. During the downtime, I had them come inside and eat a couple of sandwiches, said John Devine who’s the manager. While they were inside, a man approached them. The man told John that he was really lonely and asked if he could have something to eat. John and his wife felt bad for the man and served him a meal. I wish I could tell you that this act of human compassion went relatively unnoticed and was simply a long list of unrecognized good deeds that are done on behalf of our fellow men and women every day. But not in 2020 and not in Gretchen Whitmer’s Michigan where it’s always winter and never Christmas. Instead, we learned that the man who walked in asking for a meal was actually playing an elaborate ruse. He was an enforcement officer with the Liquor Control Commission dispatched to lay the screws to guys like John just trying their best to survive. A couple of days ago, John learned that he had his liquor license suspended. Merry Christmas, John.
Score one for the empire. The Liquor Control Commission wins the day and smothers this poor guy and his restaurant. Nobody in the liquor control enforcement division is missing a paycheck right now, wondering how they’ll get through Christmas. In fact, they have it so good that they can spend their days running trick plays and hiding the football on people simply doing a nice deed. In fact, when these taxpayer employees get furloughed, they’re part of the protected class, moved to the front of the line for unemployment benefits, ahead of the same people they are now preying on. They never had to wait on the phone for eight hours to talk to someone or call their State Senator for assistance with unemployment benefits. They probably also got their boat launched before everyone else last summer.
This is Governor Whitmer’s Michigan right now. This is the trickery of our bureaucracy. I doubt anyone here would vote for this strong-armed abuse of power, weaponizing our government against our people, preying on the struggles and desperation of their situation. These are hard-working small business owners in our state and this is what we do to them. I can’t believe it. I can’t believe this is the government that we have right now. I hope no one in here is ever in a situation where you need a warm meal and a friendly face because the word is out—say ‘no.’ You aren’t allowed to appreciate the humanities and each other needs. All you are allowed to do is shut up and follow whatever the unelected bureaucrat told you to do. And if you push back or ask questions, you’ll be fact-checked into silence and compliance or they’ll strip your license away that gives you your livelihood, like they did to Karl Manke, the barber in Owosso, or now at Charlie’s Bar in Potterville, or many more just like them. The message is clear—we will crush you.
But not all is lost. Senate Bill No. 1253 which will limit the time of pandemic emergency orders can be valid without legislative input, passed the Legislature today with bipartisan support. If that bill is signed into law, we can right the ship and allow us to balance the risk with threats posed by COVID-19 with the impact blunt-force orders have on those who share no blame for the spread of this virus. While it would be a Christmas miracle if the Governor signs this bill into law, I remain hopeful and prayerful for the people in our state struggling right now.
Pursuant to rule 3.506, on December 17 Senator Santana submitted her reasons in writing for voting “no” on the passage of Senate Bill No. 612.
Senator Santana’s statement is as follows:
Today, I submit this letter as my “no” vote explanation for Senate Bill No. 612 and I request this written explanation be printed in the Journal.
As I firmly believe we are on the right path to reform the prior-authorization process, I believe more needs to be done to address all of the stakeholder concerns on both sides of the issue. I appreciate the chairman’s efforts to bring all parties to the table and I look forward to working with him on this issue next term. With that said, I am voting “no” on Senate Bill No. 612 in its current form.
I firmly believe that physicians make decisions on what best suits their patients by taking all clinical factors into consideration prior to making decisions about appropriate medications and treatments. Insurers do not interact with patients one-on-one in the manner that physicians do, thereby do not always have the complete clinical profile of patients. As such, they shouldn’t have the ultimate say in what’s medically necessary for them.
I also believe, however, that prior-authorization and step-therapy are important utilization management tools that ensure patients get the safest, most appropriate care. These tools also help to reduce healthcare costs by limiting unnecessary medical procedures, tests, and costly medications (when there are cheaper generics available).
We need to continue this conversation to address the shortcomings of the bill in its current form and I look forward to tackling this issue in the new legislative session.
Senator Santana’s statement is as follows:
As we leave to
be with our families many of us will reflect on the work and the accomplishments
that we had this year. I hope when we reconvene, we do so with the energy and
motivation to address the missed opportunities of 2020.
In April, a Senator arrived wearing a Confederate mask on his face. Our colleague from the 6th District asked for an issue to be addressed and she was ignored. Late that month an angry gunman stood in the balcony. To simply do my job on behalf of the citizens of the 3rd District, I was forced to wear a bullet proof vest because I feared for my life. I expected changes. I expected leadership to act. Instead, we got what we always get, the elevation of the 2nd Amendment at the expense of the 14th and 15th Amendments, while angry citizens yelled, “Freedom and liberty.” We saw these citizens converge at our state Capitol. Some carried Nazi swastikas, Confederate flags and nooses. Yet none of these protestors will ever claim to be a racists as they wave the symbols of hate. I introduced legislation to ban the Confederate flag and symbols of hate from this capitol and I was ignored.
In July, I offered a resolution to the Governor to act on this issue, I was ignored.
Our colleagues in both chambers introduced legislation to ban guns in this Capitol and nothing happened. When my colleague from the 6th District and I requested an audience before the Capitol Commission to address the issue of hate symbols in the Capitol, the Capitol Commission blatantly ignored us. Later it became clear, the Capitol Commission places a higher value on removing bubble gum from paintings than clearing blood from the floor.
Recently, I posted one tweet, regarding the difficulties that my grandparents endured living in a segregated south while comparing it to the pettiness of the Trump supporters who felt harassed after they purposely intimidated Black people workers at the TCF Center. That tweet sparked a backlash of hate mail, phone calls, and death threats against me and my children. I can understand the hatred towards me, but my children are innocent. To the business, religious, and political leaders of our state, your silence makes you complicit to the resurgence of racial hate. And, as I watch the treatment of Black females, State Representatives from Detroit, who received eighty death threats, and was called every type of N-word.
I hope you understand the pain we endure as Black people. The unwillingness of leadership to address these issues hurts the most. My remarks today are not partisan attack, they are continued and open invitation to discuss the resetting of our economy, moving away from divisive rhetoric, conspiracy theories, and moving forward. You cannot ignore the problem away. Conversations regarding substantive policy change are never easy. They are tough, uncomfortable, and necessary so that we may form a more perfect union.
In closing, I hope you understand why, Kamala Harris, said, “Excuse me, I am speaking.”
Merry Christmas, Happy New Year, Happy Kwanza, Happy Hanukkah, and God bless you all.
Senator Geiss’ statement is as follows:
Here we are at the end of another legislative session, at the end of the 100th Legislature—a landmark achievement that I’m sure, at its start, we were all excited about, anticipating a monumental two-year period. And monumental it has been. A monumental failure in addressing the needs of the public requiring our help. Monumental in this body’s failure to rise to the challenge that the COVID-19 global pandemic has presented. Monumental in this body’s failure to rise to the challenge of adequately acknowledging and addressing issues of racial inequity and injustice. Monumental in this body’s failure to rise to the occasion of addressing the growing threats, real examples, and clear and present danger of increased hatred, extremism, white supremacy, and the rise of neo-Confederate actions and attitudes.
While I acknowledge that during the 100th Legislature, we have done some good things and passed some important public policy, including tonight, but it’s in these three areas—three important areas—that we have failed spectacularly. We have had an opportunity—multiple opportunities—to address, confront, and improve in these areas and sadly, we’ve squandered them. As the state, country, and world watched for us to be leaders in these crucial areas, as a collective body, we have not led.
For those of us who have been working on these issues, placing a necessary spotlight upon them, calling out injustice when and where it needs admonishing and correcting, but have been ignored or silenced, mocked for being theatrical, our traumas reduced to mere politics—I say the indifferent and dismissive attitudes regarding these issues must end with the 100th Legislature.
Soon we’ll all go off to be with our loved ones—whether in person or virtually—to celebrate and observe the year-end holidays—Hanukkah ended today, the winter solstice is on Monday, Christmas and Kwanzaa are at the end of next week, and the dawn of a new year is at the end of the month. Despite the differences in these celebrations and observances, they all share being centered in light and hope and renewal. It is my hope—my sincerest hope—that in the new year and in the 101st Legislature that commences next month that we will resolve to be resolute and intentional in rising to the occasion of addressing these issues that remain unfinished business. When we reconvene, we must start the next 100 Legislatures with sound public health policy, especially as it relates to COVID-19, but also by being intentionally forward-focused and preventative in such a way that there is a legislative policy framework in place for the next pandemic, which hopefully won’t occur until we’re all long-gone and being eulogized by members we’ll never know. When we reconvene with the 101st Legislature, we must start the next 100 Legislatures by addressing systemic racism and eradicating its institutional and systemic legacies, ghosts, and vapors. We must be firm and intentional in not allowing or tolerating symbols of hate, extremism, or white supremacy in any form in this body or building.
It’s imperative for us now to deconstruct the politics and policies that have led us to this period of compounded crises. We must undo the failures of the 100th Legislature and chart a new path forward. We must not just decolonize our minds, but our policies, and rise to the occasion of rectifying our unfinished business and bending the moral arc of our policies and practices toward justice.
History has its eyes on us. May the collective spirit of this season fill us with light and hope and resolve for a new year and 101st Legislature with a vision rooted in equity and justice.
Senator McBroom’s statement is as follows:
I really want to finish the remarks that I had intended to make earlier about how important it is to also denounce the ridiculous behavior of folks going to the homes of our Secretary of State, and Representatives, and the calls that we’re getting, and it’s not just in southeast Michigan and Detroit, but the clerk in Antrim County, and officials there, and Rochester Hills as was mentioned, and myself and others, all over the state—Representative LaFave, who’s been threatened from people that we’re going to come masked to his house, but they couldn’t find where it was. The passion I have for that resolution that we passed lately is simply to put down a marker, to continue to strive, to heal the wounds, and as I mentioned, where the wounds are is clear. No one’s denying that, but to re-establish as much confidence as we can is my goal.
But the remarks that I’ve prepared for you here for my closing statement. I want to just take a few moments of our remaining time to express my warmest wishes to all of you, and to the Senate, for Christmas, Hanukkah, Kwanzaa, New Year’s, or any other holidays that you might have this time of year. My family, as other Christians, celebrate and observe the birth of Christ during this time. Christmas is widely celebrated as a time for the best virtues to govern our actions. Virtues like gratitude, hospitality, kindness, generosity, and goodwill. All things we desperately need right now. Interestingly, our desperate need for these things is not new. It’s not really less than the need was when Christ himself was born. Historians tell us of how people were looking for a leader at that time that could cut through corrupt systems of the day. Someone who could unite people in doing what is right, and stand up for the abused, and the imprisoned, for the poor, and for the outcast. Someone that is just, and merciful, and true. Don’t all of these things sound familiar? Isn’t that what we’re looking for? The world still seeks after such a leader.
In Isaiah 9:2-9:
The people that walked in darkness have seen a great light: they that dwell in the land of the shadow of death, upon them hath the light shined. Thou hast multiplied the nation, and not increased the joy: they joy before thee according to the joy in harvest, and as men rejoice when they divide the spoil. For thou hast broken the yoke of his burden, and the staff of his shoulder, the rod of his oppressor, as in the day of Midian. For every battle of the warrior is with confused noise, and garments rolled in blood; but this shall be with burning and fuel of fire. For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace. Of the increase of his government and peace there shall be no end, upon the throne of David, and upon his kingdom, to order it, and to establish it with judgment and with justice from henceforth even forever. The zeal of the Lord of hosts will perform this.
The New Testament tells us that in the fullness of time, God sent his Son to the world, He is the fulfillment of these promises, and those earnest desires in every human heart, and while He came and began the work, those of us who know Him know he has only begun this work to change our own sinful hearts and bring about the promises of peace and goodwill to all the world. We know no other earthly leader will even be able to bring it about. Our faith and trust must not rest in any modern messiah, no man ruling now. The only chosen one has already come.
And so, my colleagues, I wish you a wonderful Christmas season, and pray that it may be truly blessed with the peace that passes understanding from the Lord himself.
Merry Christmas, Mr. President.
Senator Ananich’s statement is as follows:
I rise to say a few words as we end this session. I want to wish all of you a very happy holiday and a Happy New Year. As I was thinking about what I was going to say, I thought about Hanukkah, which means the celebrating of light. The miracle that the oil was supposed to light the menorah for one day, but instead it lasted for eight. How hopeful and empowering is that? If we think about it in today’s context hopefully we may be seeing the light at the end of this pandemic tunnel because we now have multiple vaccines that have been approved. If you think of the traditions of my Christian brothers and sisters, as we prepare to celebrate the birth of our Lord and Savior, let us all—Christian, Jewish, whatever faith or no faith at all—let us focus on our shared bonds. Let us cherish our time with our loved ones and count our blessings. 2020 has been a very difficult year, but together we can make 2021 a year of success, peace and joy.
Many of you may know that a few years ago the Senator from the 37th District and I started a tradition, mostly out of being up late and punch drunk from days and days of voting on things, where I wore a goofy holiday Christmas sweater and he told me how his son loved Christmas sweaters. You see he’s wearing one of the ones we’ve traded back and forth over the years. This year I will be giving him my Christmas sweater in private. I could say I’m doing it because of the solemnness of the occasion or the severity of the issues we’re dealing with, but honestly it’s because it doesn’t fit me anymore.
To all of you, but in particular my good friend Pete MacGregor, there is an unknown author who said a quote I thought would be fitting to end with here. I mean this for all of you but I particularly mean this for you Pete: “Good friends never say goodbye, they simply say see you soon.” To all of you, and to all of the citizens of his great state, may you have a safe and happy holiday.
Senator Shirkey’s statement is as follows:
About six weeks ago I made a prediction that this was going to be a lame, lame duck. The moment those words came out of my mouth, I thought, ‘Oh man, did I jinx us?’ In comparison to the lame ducks I’ve had, well I’m not going to say the privilege of experiencing, but the need to experience, this has been a relatively lame, lame duck. But what has not been lame has been an enormous list of bipartisan supported bills. The last one of substance that will help the most needy people in the state for what we are experiencing regardless of the cause, people are hurting. What this world needs most is grace. What God did in sending His son was the ultimate of grace. He didn’t need to do it, we certainly didn’t earn it, and we deserve different. And yet, the sacrifice His son ultimately made is the grace that we can all grab on to. I’m sorry for what was and is intended to be an effort to do exactly as the Senator from the 38th district expressed and that is since 2016 we’ve had too many people in this nation question the integrity of an election. Now, in 2020, we have too many people questioning the integrity of an election. I think it is incumbent on us and frankly upon every state legislature across this nation to do what we can to identify where those questions are and fill those holes. This is not about blame. It is not about allegations. It is not about accusations. It is about doing our job especially in the new realities of mail-in voting that we make sure that every vote counts and to provide the support necessary for those who volunteer—I’m not even sure they should have to volunteer their services for poll working, poll watching, poll challenging, clerks, you name it. We need to support them more, not less. I want to end on a positive note in this chamber especially this time of year. I just want to make a punctuation point on if we need anything, this world needs grace. Now, if I may invite you like I did yesterday—and audience participation—just take a deep breath and let me end with what I hope is something we can lighten our load as we leave this chamber and go home to our families for a much needed and much deserved time off and celebrations for whatever you happen to celebrate.
‘Twas the week before Christmas and all through the building all the mice and even some legislators were stirring. Stamas had negotiated a supplemental with care and the spirit of bipartisanship hung in the air. Senators were eager to get home to their beds while visions of sine die danced in their heads. Secretary O’Brien and her team were leading all in good cheer with cookies and rules that to us we always endear. Outside the landscape was dusted with snow and inside the tinder had grown decidedly low. This holiday season there is a story to tell of a Senate Chamber full of members whose intentions are well. That’s worth repeating. This holiday season there is a story to tell of a Senate Chamber full of members whose intentions are well. There are two Petes departing for new adventures and Bizon and Lauwers, their new positions now enter. McBroom, Theis, and McDonald devoted their time to Oversight while Santana and Irwin fought for criminal justice reform with all of their might. Ferland and Barrett compared physical feats while Senators Nesbitt and LaSata looked on in disbelief. Way up north Schmidt and VanderWall are eager to tackle legislation appealing to all. 2021 will see new addition to the family McMorrow and reminds us all that a new baby means a brighter tomorrow. Johnson and Wojno serve this body well on Elections. Runestad, Daley, Chang, and Alexander did the work on Finance without objection. Marshall Bullock welcomed me to his home town. Erika Geiss was willing to listen when disagreement was found. Wyatt’s Law found its champion in Curtis Hertel and we hope the Governor has a chance to sign it—and shall—and there is still hope. I heard a rumor Senator Outman is bound for Nebraska and I know Victory is eager to get home to Hudsonville and I ask ya, have you ever seen so many devoted public servants? Kenny Horn and Jeremy Moss worked hard to benefit the economy. Polehanki and Brinks are champions for their communities. Bayer and McCann work with great care and we all know that Jon Bumstead’s opinion and he doesn’t care. COVID changed Zorn’s Christmas in Ida and at least more than half of us in this chamber think that might be alright-a.
2020 has tested our patience and resolve. Some have lost loved ones and for those we pray most of all. No one can deny our commitment to our state nor our willingness to help mitigate. The impact of this year on our neighbors and communities regardless of our differences, our goals show our unity. So the lobbyists keep shuffling out there in the black and whites hoping they will get their bills if we stay all night. Leader Ananich surely has his feet on his desk, another sign that another long night might cause too much distress. So before I close for the year, I say quite sincere, Merry Christmas to all and a happy and healthy New Year. God bless.
Senator MacGregor moved that when the Senate adjourns today, it stand adjourned until Wednesday, December 23, at 11:30 a.m.
The motion prevailed.
Senator MacGregor asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator MacGregor’s statement is as follows:
It’s been my pleasure and an honor to serve in this chamber—this wonderful chamber—and for the people of the state of Michigan. I want to wish everybody a Merry Christmas and a Happy New Year. Please enjoy your friends and your family during this holiday season, because that is the most important part of this.
And now—sorry, it’s that cold—now, Mr. President, for the last time for me—
Senator MacGregor moved that the Senate adjourn.
The motion prevailed, the time being 10:28 p.m.
In pursuance of the order previously made, the President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Wednesday, December 23, 2020, at 11:30 a.m.
MARGARET O’BRIEN
Secretary of the Senate