No. 1

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2021

 

 

 

 

Senate Chamber, Lansing, Wednesday, January 13, 2021.

 

12:00 noon.

 

 

In conformity with the requirements of the Constitution of the state of Michigan, the Senators of the 101st Legislature of the state of Michigan assembled in the Senate Chamber in the Capitol at Lansing this day (being the second Wednesday of January 2021), at twelve o’clock noon, and were called to order by the President pro tempore, Senator Aric Nesbitt.

 

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

 

District    Name                                                District    Name

1st           Stephanie Chang                                 20th         Sean McCann

2nd          Adam Hollier                                     21st         Kim LaSata—excused

3rd           Sylvia Santana                                   22nd        Lana Theis

4th           Marshall Bullock II                             23rd         Curtis Hertel, Jr.

5th           Betty Jean Alexander                          24th         Tom Barrett

6th           Erika Geiss                                        25th         Dan Lauwers

7th           Dayna Polehanki                                26th         Aric Nesbitt

8th           Vacant                                               27th         James Ananich

9th           Paul Wojno                                        28th         Vacant

10th         Michael D. MacDonald                       29th         Winnie Brinks

11th         Jeremy Moss                                      30th         Roger Victory

12th         Rosemary Bayer                                 31st         Kevin Daley

13th         Mallory McMorrow                            32nd        Kenneth B. Horn

14th         Ruth A. Johnson                                 33rd         Rick Outman

15th         Jim Runestad                                     34th         Jon Bumstead

16th         Mike Shirkey                                     35th         Curtis S. VanderWall

17th         Dale W. Zorn                                     36th         Jim Stamas

18th         Jeff Irwin                                           37th         Wayne A. Schmidt

19th         John Bizon, M.D.                               38th         Edward W. McBroom

 

 

Senator Ruth A. Johnson of the 14th District offered the following invocation:

Heavenly Father, as we gather here today in this hallowed Senate Chamber to begin a new 101st session of the Michigan Legislature, many of us come to You with heavy hearts from recent events in our nation. America is a beacon of free men and women in Your world. Yet unfortunately, as the Austrian and Holocaust survivor Viktor Frankl once said, “What is to give light, must endure burning.” Help us to emerge stronger and remind us today on this opening day of Your words in Galatians 5: “For you were called to freedom, brothers. Only do not use your freedom as an opportunity for the flesh, but through love serve one another…You shall love your neighbor as you love yourself, but if you bite and devour one another, watch out that you are not consumed by another.”

We come before You today humbly, asking for Your strength and comfort as we move forward to do good works for the people of Michigan. It’s our privilege to serve You and to serve our fellow citizens. Let us use Your gifts that You uniquely have given us to work together. Help us to respect our differences, for we know each of these differences is given to us by You and are part of Your plan. Matthew 7 asks us, “Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye? First take the plank from your own eye and then you will see clearly to remove the speck of dust from your brother’s eye.” Lord, help us to see our own biases. Help us to hear one another and to work together for Your glory and not our own.

Above all else, Lord, help to remind us who we work for in this chamber. The parable of the widow in Luke 21 tells the story of Jesus looking upon the rich putting their gifts into an offering box and then seeing the poor widow put in her two small copper coins and He said, “Truly, I tell you, this poor widow has put in more than all of them. For they all contributed out of their abundance, but she out of her poverty put in all she had to live on.” Giving that which is easy or which comes with reward is not the hallmark of service and it’s not how we glorify You. Let us be vessels of Your work. Let us serve those who have elected us faithfully. Let us see that the only power we have to heal our state and nation is through our own actions. Help to guide our hearts and our works. And in Your Son Jesus’ name we pray. Amen.

 

The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.

 

The President, Lieutenant Governor Gilchrist, assumed the Chair.

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

 

Certified List of Representatives

 

 

The following communication was received and read:

Department of State

 

 

November 25, 2020

Enclosed, please find the certified list of candidates who were elected to the office of State Representative at the November 3, 2020 general election. Copies of the official returns certified for this election, including the returns for the special election held November 3, 2020 for the office of State Representative, District 4 for a partial term ending January 1, 2021 are also provided for your reference.

Please do not hesitate to contact this office if we can be of any further assistance.                                                       Sincerely,

                                                                                       Jonathan Brater

                                                                                       Director of Elections

 

 

Members-Elect of the House of Representatives

 

District Party       Name                                       Address

  1          Dem         Tenisha R. Yancey                    18640 Mack Avenue, Grosse Pointe 48236

  2          Dem         Joe Tate                                    192 Lenox Street, Detroit 48215

  3          Dem         Shri Thanedar                           19460 Lowell Drive, Detroit 48203

  4          Dem         Abraham Aiyash                       5000 Yemans Street, Hamtramck 48212

  5          Dem         Cynthia A. Johnson                   4060 Montgomery, Detroit 48204

  6          Dem         Tyrone Carter                           25701 W. Outer Drive, Detroit 48217

  7          Dem         Helena Scott                             18695 Santa Barbara Drive, Detroit 48221

  8          Dem         Stephanie A. Young                  14567 Rosemont Avenue, Detroit 48223

  9          Dem         Karen Whitsett                         11406 Littlefield Street, Detroit 48227

 10        Dem         Mary Cavanagh                        12126 Centralia, Redford 48239

 11        Dem         Jewell Jones                             27631 Michigan Avenue, Unit 144, Inkster 48141

 12        Dem         Alex Garza                               25055 Crowley Street, Taylor 48180

 13        Dem         Tullio Liberati                          9260 Reeck, Allen Park 48101

 14        Dem         Cara A. Clemente                      2235 Fort Park, Lincoln Park 48146

 15        Dem         Abdullah Hammoud                  1909 Golfview Drive, Dearborn 48128

 16        Dem         Kevin Coleman                         1165 Shoemaker Drive, Westland 48185

 17        Rep          Joe Bellino, Jr.                          1285 Hollywood, Monroe 48162

 18        Dem         Kevin Hertel                             22401 Lavon, Saint Clair Shores 48081

 19        Dem         Laurie Pohutsky                        17476 Rexwood, Livonia 48152

 20        Dem         Matt Koleszar                           42533 Schoolcraft, Plymouth 48170

 21        Dem         Ranjeev Puri                             761 Roosevelt, Canton 48188

 22        Dem         Richard M. Steenland                28439 Bohn, Roseville 48066

 23        Dem         Darrin Camilleri                       23279 Hudson Mills Drive, Brownstown 48134

 24        Rep          Steve Marino                            P.O. Box 46310, Mount Clemens 48046

 25        Dem         Nate Shannon                           43313 Interlaken Drive, Sterling Heights 48313

 26        Dem         Jim Ellison                               1309 Mohawk Avenue, Royal Oak 48067

 27        Dem         Regina Weiss                            23470 Majestic Street, Oak Park 48237

 28        Dem         Lori M. Stone                           P.O. Box 4135, Warren 48090

 29        Dem         Brenda Carter                           86 W. Yale Avenue, Pontiac 48340

 30        Rep          Diana Farrington                       8830 Summers Court, Utica 48317

 31        Dem         William J. Sowerby                   37860 Saddle Lane, Clinton Township 48036

 32        Rep          Pamela Hornberger                   53611 Katarina Drive, Chesterfield Township 48051

 33        Rep          Jeff Yaroch                              35545 Pound Road, Richmond 48062

 34        Dem         Cynthia R. Neeley                     2305 Begole, Flint 48504

 35        Dem         Kyra Harris Bolden                   17610 Windflower Drive, Southfield 48076

 36        Rep          Douglas C. Wozniak                 53831 Whitby Way, Shelby Township 48316

 37        Dem         Samantha Steckloff                   31176 Country Way, Farmington Hills 48331

 38        Dem         Kelly A. Breen                          242 Linhart Street, Novi 48377

 39        Rep          Ryan Berman                           P.O. Box 906, Union Lake 48387

 40        Dem         Mari Manoogian                       323 N. Eton Street, Unit 40 H, Birmingham 48009

 41        Dem         Padma Kuppa                           4275 Marywood, Troy 48085

 42        Rep          Ann Bollin                               100 Orndorf, #1435, Brighton 48116

 43        Rep          Andrea K. Schroeder                 5641 Golf Pointe Drive, Clarkston 48348

 44        Rep          Matt Maddock                          1150 S. Milford Road, Milford 48381

 45        Rep          Mark Tisdel                              875 Greenview Court, #59, Rochester Hills 48307

 46        Rep          John Reilly                               2273 W. Predmore, Oakland 48363

 47        Rep          Robert J. Bezotte                       2031 Peavy Road, Howell 48843

 48        Rep          David W. Martin                       805 S. State Road, #122, Davison 48423

 49        Dem         John D. Cherry                         1025 Kensington Avenue, Flint 48503

 50        Dem         Tim Sneller                              2253 McLaren Street, Burton 48529

 51        Rep          Mike Mueller                           6127 Lobdell Road, Linden 48451

 52        Dem         Donna Lasinski                         P.O. Box 7425, Ann Arbor 48107

 53        Dem         Yousef Rabhi                           1255 Kensington Drive, Ann Arbor 48104

 54        Dem         Ronnie Dean Peterson               6060 Vista Drive, Ypsilanti 48197

 55        Dem         Felicia Brabec                           3167 Crimson Court, Ann Arbor 48108

 56        Rep          T.C. Clements                          P.O. Box 56, Lambertville 48144

 57        Rep          Bronna Kahle                           P.O. Box 681, Adrian 49221

 58        Rep          Andrew Fink                            64 E. Hallett, Hillsdale 49242

 59        Rep          Steve Carra                               225 Heather Lane, Apt. 9, Three Rivers 49093

 60        Dem         Julie M. Rogers                         3428 Marlane Avenue, Kalamazoo 49006

 61        Dem         Christine Morse                        5408 Saddle Club Drive, Kalamazoo 49009

 62        Dem         Jim Haadsma                            249 Snow Avenue, Battle Creek 49037

 63        Rep          Matt Hall                                  P.O. Box 726, Marshall 49068

 64        Rep          Julie Alexander                         5815 Hanover Road, Hanover 49241

 65        Rep          Sarah L. Lightner                      9915 N. Parma Road, Springport 49284

 66        Rep          Beth Griffin                              P.O. Box 29, Paw Paw 49079

 67        Dem         Kara Hope                                1891 Maple Street, Holt 48842

 68        Dem         Sarah Anthony                          1230 George, Lansing 48910

 69        Dem         Julie Brixie                               2294 Hamilton Road, Okemos 48864

 70        Rep          Pat Outman                              6399 N. Miles Road, Six Lakes 48886

 71        Dem         Angela Witwer                          P.O. Box 80221, Lansing 48908

 72        Rep          Steven Johnson                         P.O. Box 132, Wayland 49348

 73        Rep          Bryan Posthumus                      11908 Elkins, Greenville 48838

 74        Rep          Mark E. Huizenga                     3841 Butterworth Street, S.W., Walker 49534

 75        Dem         David LaGrand                         255 College S.E., Grand Rapids 49503

 76        Dem         Rachel Hood                            P.O. Box 2405, Grand Rapids 49501

 77        Rep          Tommy Brann                          4335 56th Street, Wyoming 49418

 78        Rep          Brad Paquette                           1215 Fair Oaks Drive, N., Niles 49120

 79        Rep          Pauline Wendzel                       P. O. Box 811, Coloma 49038

 80        Rep          Mary Whiteford                        404 Broadway Street, South Haven 49090

 81        Rep          Gary R. Eisen                           6350 Rattle Run, Saint Clair Township 48079

 82        Rep          Gary Howell                             4865 Fish Lake Road, North Branch 48461

 83        Rep          Andrew Beeler                         5338 Lakeshore Road, Fort Gratiot 48059

 84        Rep          Phil Green                                7650 Trumbower Trail, Millington 48746

 85        Rep          Ben Frederick                           600 N. Water, Owosso 48867

 86        Rep          Thomas A. Albert                     30 Flat River Drive, S.E., Lowell 49331

 87        Rep          Julie A. Calley                          10198 Butler Road, Portland 48875

 88        Rep          Luke Meerman                         14250 60th Avenue, Coopersville 49404

 89        Rep          Jim Lilly                                   P.O. Box 147, Macatawa 49434

 90        Rep          Bradley Slagh                           7142 Riley Street, Zeeland 49464

 91        Rep          Greg VanWoerkom                   6490 Boulder Drive, Norton Shores 49444

 92        Dem         Terry J. Sabo                            1188 N. Robinhood Drive, Muskegon 49445

 93        Rep          Graham Filler                           12705 Warm Creek, DeWitt 48820

 94        Rep          Rodney Wakeman                     4231 Ann Street, Saginaw 48603

 95        Dem         Amos O’Neal                           207 Moton Drive, Saginaw 48601

 96        Rep          Timothy Beson                         3623 Kawkawlin River Drive, Bay City 48706

 97        Rep          Jason Wentworth                      P.O. Box 354, Clare 48617

 98        Rep          Annette Glenn                          P.O. Box 1128, Midland 48641

 99        Rep          Roger Hauck                            P.O. Box 985, Mount Pleasant 48804

 100      Rep          Scott A. VanSingel                    12615 Catalpa, Grant 49327

 101      Rep          Jack O’Malley                          P.O. Box 102, Lake Ann 49650

 102      Rep          Michele Hoitenga                     226 Roberts Street, Manton 49663

 103      Rep          Daire Rendon                           P.O. Box 809, Lake City 49651

 104      Rep          John R. Roth                             9541 Amidon Drive, Traverse City 49685

 105      Rep          Ken Borton                              7682 White Cloud Trail, Gaylord 49735

 106      Rep          Sue Allor                                  P.O. Box 248, Wolverine 49799

 107      Rep          John N. Damoose                      P.O. Box 95, Harbor Springs 49740

 108      Rep          Beau Matthew LaFave               1021 E. C Street, Iron Mountain 49081

 109      Dem         Sara Cambensy                         225 W. Michigan Street, Apt. 3, Marquette 49855

 110      Rep          Gregory Markkanen                  743 Hancock Street, Hancock 49930          

The communication was referred to the Secretary for record.

 

 

Senator Lauwers moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

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

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

 

 

The following messages from the Governor were received and read:

December 28, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 48 of 1963 (2nd Ex. Sess.), MCL 390.551:

Eastern Michigan University Board of Regents

Mr. Nathan K. Ford of 18255 Birchcrest Drive, Detroit, Michigan 48221, county of Wayne, succeeding Mary Treder Lang whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Dr. Jessie Kimbrough Marshall of 75 Moross Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding Jim Webb whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

 

December 28, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 114 of 1949, MCL 390.802:

Ferris State University Board of Trustees

Mr. George K. Heartwell, III of 8928 S. Parson Avenue, Newaygo, Michigan 49337, county of Newaygo, succeeding Robert Hegbloom whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Mr. Ronald E. Snead, Sr. of 12119 Tullymore Drive, Stanwood, Michigan 49346, county of Mecosta, succeeding Lori Gwizdala whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

 

December 28, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 120 of 1960, MCL 390.842:

Grand Valley State University Board of Trustees

Ms. Mikyia S. Aaron of 11529 Golfcrest Drive, Taylor, Michigan 48180, county of Wayne, succeeding John Russell whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Ms. Noreen K. Myers of 1050 Monterey Drive, S.E., East Grand Rapids, Michigan 49506, county of Kent, succeeding Mary Kramer whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

 

December 28, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 70 of 1885, MCL 390.352 and Public Act 21 of 1963 (2nd Ex. Sess.), MCL 390.861:

Michigan Technological University Board of Trustees

Ms. Andrea Dickson of 75 Lewiston Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding Bob Jacquart whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Mr. Jon E. Jipping of 8507 Newbury Court, N., Canton, Michigan 48187, county of Wayne, succeeding Linda Kennedy whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Mr. Matthew D. Johnson of 521 State Highway M553, Marquette, Michigan 49855, county of Marquette, succeeding William Johnson who resigned effective December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2022.

 

December 28, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 48 of 1963 (2nd Ex. Sess.), MCL 390.551:

Northern Michigan University Board of Trustees

Mr. Jason T. Morgan of 2860 Gladstone Avenue, Ann Arbor, Michigan 48104, county of Washtenaw, succeeding Steve Mitchell whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Mr. Gregory J. Seppanen of 1019 Ortman Road, Marquette, Michigan 49855, county of Marquette, succeeding James Haveman whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

 

December 28, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 48 of 1963 (2nd Ex. Sess.), MCL 390.551:

Western Michigan University Board of Trustees

Mr. Kurtis Trevan of 22 Lafayette Avenue, N.E., Grand Rapids, Michigan 49503, county of Kent, succeeding David Behen whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

Mr. Alexander Alan Turfe of 17872 Devonshire Court, Northville, Michigan 48168, county of Wayne, succeeding James Bolger whose term expires December 31, 2020, appointed for a term commencing January 1, 2021 and expiring December 31, 2028.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Advice and Consent.

 

 

Resolutions

 

 

Senator Lauwers offered the following resolution:

Senate Resolution No. 1.

A resolution notifying the Governor and the House of Representatives that the Senate is ready to proceed with the business of the session.

Resolved by the Senate, That the Secretary of the Senate inform the Governor and the House of Representatives that a quorum of the Senate is present and that the Senate is ready to proceed with the business of the session.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Lauwers moved that the rule be suspended.

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

The resolution was adopted.

Senator Bayer was named co-sponsor of the resolution.

 

 

Senator Lauwers offered the following resolution:

Senate Resolution No. 2.

A resolution prescribing the Standing Rules of the Senate.

CHAPTER I – SECTION I

SENATE ORGANIZATION

1.100 TRANSMISSION OF MESSAGES.

Per Joint Rule 1, all messages necessary for conducting legislative business between the two houses shall be communicated in writing and delivered electronically by the Secretary of the Senate and the Clerk of the House of Representatives.

1.101 PRESIDING OFFICER

a)  The Lieutenant Governor shall be the President of the Senate and shall preside over all sessions of the Senate. If the Lieutenant governor is absent, the President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall preside.

b)  The Lieutenant Governor may vote only when the Senators are equally divided in their vote (see Const. Art. 5, Sec. 25).

c)  In the absence of the President of the Senate, President pro tempore, Assistant President pro tempore, and Associate President pro tempore, the Secretary of the Senate shall preside until the Senate shall appoint a Senator to act as presiding officer or until the President of the Senate, President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall appear. In the absence of all Senators, or all but one Senator, the Secretary of the Senate shall preside.

1.102 AUTHORITY OF THE PRESIDING OFFICER

a)  The presiding officer shall call the Senate to order at the hours provided by the Constitution and these rules and at the hour established by the Senate at its last meeting.

b)  Except as proved in Rule 1.205(b), following the invocation and Pledge of Allegiance, the presiding officer shall instruct the Secretary of the Senate to record the attendance. The attendance roll call shall be taken using the electronic voting system for one minute; however, on the first session in January, or if the electronic voting system is not operational, the presiding officer shall instruct the Secretary of the Senate to call the roll orally and record and announce the results.

1.103 THE PRESIDING OFFICER’S CONTROL WITHIN THE CHAMBER

The presiding officer shall preserve order and decorum and shall have general control within the Chamber. During every session of the Senate, the Sergeant at Arms is under the direct supervision of the presiding officer. Every question of order and procedure shall be decided by the presiding officer, subject to an appeal by the Senate.

1.104 ELECTION OF SENATE OFFICERS

a)  At the first session of a quadrennium, a President pro tempore, Assistant President pro tempore, and Associate President pro tempore shall be elected by a vote of a majority of the Senators elected and serving. All officers elected by the Senate hold office until their successors are elected and qualified or until the expiration of their Senate term, whichever occurs first.

b)  Prior to the commencement of the quadrennium session, the majority party shall meet in an organizational caucus and elect a Majority Leader, Majority Floor Leader, Majority Whip, Majority Caucus Chairperson, Assistant Majority Leader, Assistant Majority Floor Leader, Assistant Majority Whip, and Assistant Majority Caucus Chairperson. At a similar organizational caucus, the minority party shall elect a Minority Leader, Minority Floor Leader, Minority Whip, Minority Caucus Chairperson, Assistant Minority Leader, Assistant Minority Floor Leader, Assistant Minority Whip, and Assistant Minority Caucus Chairperson.

c)  All majority party Senate officers shall serve at the pleasure of the majority party caucus. All minority party Senate officers shall serve at the pleasure of the minority party caucus.

d)  All majority and minority party caucuses shall be subject to Section 8 of the Open Meetings Act (see MCL 15.268).

1.105 APPOINTMENT OF COMMITTEES

a)  The Senate Majority Leader shall make appointments of senators to committees and subcommittees established under these rules. The Senate Majority Leader shall make appointments of minority party members from a list submitted by the Senate Minority Leader, and shall consider the preferences, seniority, and experience of the members in making appointments. The Senate Majority Leader may accept the list submitted by the Senate Minority Leader in whole or in part. If the Senate Majority Leader rejects names on the list and their corresponding committee assignments, the Senate Minority Leader shall submit replacement nominations.

b)  The Senate Majority Leader may remove members from their appointment to committees and subcommittees established under these rules.

c)  All appointments to standing and select committees and subcommittees are subject to the approval of the Senate by a majority of the Senators elected and serving. All removals from committees and subcommittees and all appointments to conference committees shall be effective upon the removal or appointment until disapproved by the Senate by a majority of the Senators elected and serving.

1.106 ELECTION OF SECRETARY OF THE SENATE

At the first session of a quadrennium, a Secretary of the Senate shall be elected as an officer of the Senate. The Secretary of the Senate shall take and subscribe to the Constitutional Oath of Office for the true and faithful discharge of the duties of office. The Secretary of the Senate shall serve until a successor is elected and qualified. If a vacancy occurs in the office of the Secretary of the Senate, the Assistant Secretary of the Senate shall assume the duties of the Secretary of the Senate until a successor is elected and qualified.

1.107 SENATE PARLIAMENTARIAN

The Secretary of the Senate, or a member of the staff of the Secretary of the Senate, shall serve as the Senate Parliamentarian to advise the Senate on questions relating to parliamentary law and procedure.

1.108 SENATE BROADCAST AND WEBCAST

The Secretary of the Senate, with the concurrence of the Senate Majority Leader, may broadcast and webcast Senate session.

1.109 SENATE JOURNALS

a)  The Secretary of the Senate shall keep a correct Journal of each day’s proceedings of the Senate, supervise its publication, and make corrections from day to day as may be necessary. During the consideration and passage of general and supplemental appropriation bills, the Secretary of the Senate may correct summative totals that may have been affected by amendments made to items in the bills. The corrections shall be made in the bills and the Journal.

b)  The Secretary of the Senate shall make the Journal available online daily for use by the President of the Senate, Senators, and the general public.

c)  When the Senate goes into Executive Session, the proceedings of the Senate shall be kept in a separate Journal, which shall be open to inspection by Senators only, unless otherwise ordered. The separate Journal shall be published after the close of the session at the end of the regular Journals of the Senate proceedings, unless otherwise ordered by the Senate.

1.110 INTRODUCTION OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES

a)  All bills, joint resolutions, and alternative measures to be introduced shall be submitted to the Secretary of the Senate, accompanied by seven true copies, for introduction on the next succeeding Senate legislative day unless the Senate Majority Leader otherwise determines to allow for bills to be introduced the same day if session is still in order. Only a currently serving Senator may sign a bill, joint resolution, or alternative measure for introduction. Once submitted to the Secretary of the Senate, all bills, joint resolutions, and alternative measures become the property of the Senate and cannot be withdrawn. Each bill, conference report, substitute bill, joint resolution, and alternative measure shall be approved as to form and numbering of sections by the Legislative Service Bureau prior to submission to the Secretary of the Senate. Bills, joint resolutions, and alternative measures may be submitted for introduction during the interim between legislative sessions.

b)  Each Senate bill, joint resolution, and alternative measure shall be read a first and second time by title when introduced in the Senate. Each House bill, joint resolution, and alternative measure shall be read a first and second time by title when first received from the House.

c)  At any time after introduction and upon final action on a Senate bill, joint resolution, or alternative measure, Senators may move to co-sponsor the bill, joint resolution, or alternative measure when it is in possession of the Senate. Senators may also submit a written request to the Secretary of the Senate to be added as a co-sponsor of the bill, joint resolution, or alternative measure, and the Secretary of the Senate shall print the request in the Journal as an official communication under Senate Rule 3.105. After final passage of a Senate bill or adoption of a Senate joint resolution or alternative measure, or upon final action on a Senate bill, joint resolution, or alternative measure returned from the House, the presiding officer may open the voting board to allow Senators to add their names as co-sponsors.

d)  A sponsor or co-sponsor may move to remove his or her name from a Senate bill, joint resolution, or alternative measure when it is in possession of the Senate, provided that at least one Senator remains listed as the sponsor. A sponsor or co-sponsor may also submit a written request to the Secretary of the Senate to remove his or her name from a Senate bill, joint resolution, or alternative measure when it is in possession of the Senate, provided that at least one Senator remains listed as the sponsor, and the Secretary of the Senate shall print the request in the Journal as an official communication under Senate Rule 3.105.

1.111 NUMBERING, LETTERING, AND PRINTING OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES

a)  The Secretary of the Senate shall assign numbers to all Senate bills, resolutions, and alternative measures in the order they are submitted for introduction. The Secretary of the Senate shall assign letters to all joint resolutions in the order they are submitted for introduction.

b)  The Secretary of the Senate shall attend to the printing and reproduction of all bills, resolutions, joint resolutions, alternative measures, acts, and other documents ordered printed or reproduced by the Senate. The heading of every bill, resolution, joint resolution, and alternative measure ordered or reproduced shall contain the number of the bill, resolution, or alternative measure or letter of the joint resolution; name of the Senator or Senators introducing the bill, resolution, joint resolution, or alternative measure; date of introduction; and the name of the committee to which the bill, resolution, joint resolution, or alternative measure is referred.

1.112 ANNOUNCEMENT OF PRINTING AND ENROLLMENT OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES

The Secretary of the Senate shall print in the Journal each day (a) the number of all Senate and House bills, resolutions, and alternative measures and letters of all joint resolutions that have been printed or reproduced and distributed to the offices of the President of the Senate and Senators and (b) the numbers of the Senate bills that have been enrolled and presented to the Governor.

1.113 CARE AND PRESERVATION OF BILLS, RESOLUTIONS, AND ALTERNATIVE MEASURES

The Secretary of the Senate shall be responsible to the Senate for the care and preservation of every bill, resolution, joint resolution, and alternative measure introduced in the Senate and each bill, resolution, and alternative measure received from the House, which responsibility shall only be relieved by a receipt from an authorized person.

1.114 ENROLLMENT OF BILLS AND PRESENTATION TO THE GOVERNOR

a)  After a Senate bill has passed both houses, the Secretary of the Senate shall attend to the enrollment printing of the bill. The Secretary of the Senate shall present the enrolled bill to the Governor and obtain a receipt verifying the exact date and time the bill was deposited in the Executive Office.

b)  Unless otherwise by the Senate, the Secretary of the Senate may enroll a Senate bill while the Senate is not in session if that bill has passed both houses and no action is pending on the bill. If the only action pending on such a bill is the granting of immediate effect, and the Senate has adjourned sine die, immediate effect shall not be given, and the Secretary shall enroll the bill. The Secretary of the Senate shall notify the Senate of such action on the next Senate legislative day.

c)  When a Senate bill is approved by the Governor, the Secretary of the Senate shall obtain a receipt from the Executive Office verifying the exact date and time the bill was filed with the Secretary of State. At the end of each year, the Secretary of the Senate shall deposit with the Secretary of State the official printed copy of the Senate bill as passed by both houses and obtain a receipt.

1.115 ENROLLMENT OF JOINT RESOLUTIONS AND ALTERNATIVE MEASURES

a)  After a Senate joint resolution or alternative measure has been adopted by both houses, the Secretary of the Senate shall attend to the enrollment printing. The Secretary of the Senate shall certify and file the enrolled joint resolution or alternative measure with the Secretary of State and, in the case of a joint resolution, with others as directed by the joint resolution.

b)  Unless otherwise ordered by the Senate, the Secretary of the Senate may enroll a Senate joint resolution or alternative measure while the Senate is not in session if that joint resolution or alternative measure has been adopted by both houses and no action is pending on the joint resolution or alternative measure. The Secretary of the Senate shall notify the Senate of such action on the next Senate legislative day.

c)  When filing an enrolled Senate joint resolution or alternative measure with the Secretary of State, the Secretary of the Senate shall obtain a receipt verifying the exact date and time filed. At the end of each year, the Secretary of the Senate shall deposit with the Secretary of State the official printed copy of the Senate joint resolution or alternative measure as adopted by both houses and obtain a receipt.

1.116 BILL, RESOLUTION, AND ALTERNATIVE MEASURE HISTORY

The Secretary of the Senate shall keep a record and index of all bills, resolutions, joint resolutions, and alternative measures received by the Senate. This record shall include the title; bill, resolution, or alternative measure number; joint resolution letter; name of the sponsor and any co-sponsors introducing the bill, resolution, joint resolution, or alternative measure; name of the committee to which the bill, resolution, joint resolution, or alternative measure is referred; and an entry of all action, including the date, taken on the bill, resolution, joint resolution, or alternative measure.

1.117 SENATE ADMINISTRATION AND OFFICE BUDGETS

a)  The Senate Majority Leader is the Chief Administrator of the Senate, shall assign duties to Senate employees not specified by other rules, and may authorize and have final approval authority for all expenses for the operation of the Senate, except as provided by law.

b)  In the absence of the Senate Majority Leader, the Assistant Majority Leader shall assume the duties and responsibilities of the Senate Majority Leader.

c)  The Director of the Business Office shall create a budget with the concurrence of the Senate Majority Leader. The form of the budget shall parallel, as closely as practical, the departmental budgets presented to the Committee on Appropriations.

d)  The Senate financial records shall be open for public inspection. Upon a written request that describes the financial record sufficiently to enable the Senate to find the financial record, a person has a right to inspect, copy, or receive copies of that financial record of the Senate. Documents shall be available for inspection during normal business hours. The Director of the Business Office shall keep a record of these requests.

1)  A copy of the Senate financial records shall be on file with the Senate Business Office, which shall have overall authority to administer the Senate financial records under the direction of the Senate Majority Leader.

2)  As used in this section, “financial record” means a budget, account, contract, purchase order, expenditure authorization, voucher, check, warrant, lease, audit report, balance sheet, travel voucher, or other such summaries of financial transactions.

3)  The following information contained in Senate financial records is exempt from disclosure under this rule:

A) Information of a personal nature contained in financial records where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy. Such exempt information includes, but is not limited to, the following:

(i)  An employee’s social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court enforced judgment.

(ii) An employee’s benefit selection.

(iii) Telephone bill detail including the telephone number and name of individual called.

(iv) Unemployment compensation and workers’ disability compensation records.

B) Records and information specifically described and exempted from disclosure under statute or subject to attorney-client privilege.

C) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired.

D) Commercial or financial information or trade secrets voluntarily provided to the Senate.

E) Communications, notes, and electronic data within the Senate or between the Senate and other public bodies of an advisory nature.

F)  Internet-use records.

G) Any other document or record protected from public disclosure by agreement, contract, Senate rule, or law.

4)  The Senate may charge a reasonable fee for providing a copy of a financial record. The fee shall be limited to actual mailing costs and to the actual incremental cost of duplication or publication including labor related to the search, and deletion of exempt information from nonexempt information.

5)  The Senate may also charge a reasonable fee for providing for the inspection of financial records. This fee may include the actual incremental cost of supervising the inspection including labor related to the search, examination, review, and deletion of exempt information from nonexempt information.

6)  The Senate may adopt any such other rules and policies as are necessary to provide for the orderly dissemination of materials to the public.

e)  Each Senator shall be allotted separate budget amounts for the annual staff account and the annual office operations account, as determined by the Senate Majority Leader, to be used on a fiscal year basis. Each standing committee chairperson shall be allotted a separate budget amount for the annual committee operations account, as determined by the Senate Majority Leader. The amounts allocated to these accounts may be adjusted for all Senate offices by the Senate Majority Leader. Any unused amount in a fiscal year shall not be carried into the succeeding year. A Senator shall not exceed the annual limits for each of these accounts without approval of the Senate Majority Leader.

f)  The Senate Majority Leader shall establish guidelines to allow Senators to transfer a limited amount of funds between their own staff account and their office operations account.

1.118 SECRETARY OF THE SENATE; ADMINISTRATIVE DUTIES

a)  With the approval of the Senate Majority Leader, the Secretary of the Senate, shall appoint a staff to conduct the legislative administration of the Senate, including Administrative Office Staff, Session Staff, Committee Clerks, and Senate Television Staff.

b)  The Secretary of the Senate shall exercise supervisory care and control of the Senate Chamber and all Senate rooms, corridors, furniture, and equipment in the Capitol and all committee and meeting rooms not located in the Capitol. The Secretary will cooperate with the Director of the Business Office in carrying out these duties.

c)  The Secretary of the Senate shall have responsibility for the development and maintenance of a system for preserving legislative records of the Senate and its committees. The Secretary of the Senate shall issue guidelines for the organization and preservation of these records.

d)  The Secretary of the Senate shall be responsible for keeping the Senate seal and for affixing the Senate seal to official Senate documents, as authorized by the Senate Majority Leader. The Senate seal shall be comprised of the coat of arms of the State of Michigan encompassed by the words: “Senate - State of Michigan”.

e)  The Secretary of the Senate shall maintain a schedule of Senate committee rooms.

f)  The Secretary of the Senate shall make and maintain an official tape of all sessions of the Senate. Copies of the official tape shall be made only upon application approved by the Senate Majority Leader. All official tapes of the Senate sessions shall be transferred to the State Archives four years following the end of each biennial session of the Senate.

g)  The Secretary of the Senate shall compile and maintain a list of appointments by the Governor subject to the advice and consent power of the Senate. This list shall contain the name and function of the office, the holder of the office, the date of appointment, and the expiration date of the officeholder’s term. This list shall be posted on the Senate Website.

h)  The Secretary of the Senate shall compile and maintain a list of the appointments that the Senate Majority Leader or the Senate Minority Leader are authorized to make to various boards and commissions. This list shall contain the name and function of the office, the holder of the office, the date of appointment, and the expiration date of the officeholder’s term. This list shall be posted on the Senate Website.

1.119 DIRECTOR OF THE BUSINESS OFFICE; ADMINISTRATIVE DUTIES

a)  The Director of the Business Office shall serve at the pleasure of the Senate Majority Leader.

b)  With the approval of the Senate Majority Leader, the Director of the Business Office shall appoint a staff to conduct the business of the Senate, including Business Office Staff, Finance Staff, Human Resources Staff, Information Services Staff, General Services Staff, Physical Properties Staff, and Security Staff.

c)  The Director of the Business Office shall be responsible for the business and financial records of the Senate.

d)  The Director of the Business Office shall exercise supervisory care and control of all Senate property not located in the Capitol and cooperate with the Secretary of the Senate as identified in Rule 1.118b.

e)  With the approval of the Senate Majority Leader, the Director of the Business Office shall purchase all necessary furniture, carpet, equipment, postage, supplies, and services for use by the Senate.

f)  The Director of the Business Office shall install and maintain any equipment approved for use by the Senate.

g)  As authorized by the Senate Majority Leader, the Director of the Business Office may sign papers, forms, documents, and contracts on behalf of the Senate.

1.120 DUTIES OF THE SERGEANT AT ARMS

a)  The Sergeant at Arms shall be the chief security officer of the Senate. Under the direction of the Senate Majority Leader, the Director of the Business Office shall supervise and direct the work of the Sergeant at Arms and Assistant Sergeants at Arms, and may commission the Sergeant at Arms and Assistant Sergeants at Arms, who meet the certification requirements of this state, as law enforcement officers with the powers provided under the Legislative Sergeant at Arms Police Powers Act (see MCL 4.381-4.382).

b)  The Sergeant at Arms shall attend the Senate during its sessions and maintain order under the direction of the presiding officer. The Sergeant at Arms shall execute the commands of the presiding officer and of the Senate and all processes issued by authority thereof.

c)  The Sergeant at Arms shall have general charge, and maintain order, in the Chamber, gallery, areas immediately outside the Chamber, and committee rooms of the Senate. The Sergeant at Arms shall see that all staff and visitors are seated when appropriate.

1.121 EXECUTIVE SESSION

On a motion made and carried that the Senate go into Executive Session, the presiding officer shall direct all persons, except Senators, the Secretary of the Senate, and personnel as authorized by the Senate, to withdraw. The vote of a majority of the Senators voting shall be required on a motion for Executive Session, except for Executive Sessions called under Rule 2.104. During an Executive Session, the doors shall remain closed and every Senator, officer, and authorized personnel shall keep confidential all proceedings and matters enjoined by order of the Senate.

CHAPTER I - SECTION 2

MEMBER RESPONSIBILITIES

1.201 OATH OF OFFICE

The oath of office to Senators-elect shall be administered following the November general election up to and including the first day of regular session, or as soon thereafter as a Senator-elect may appear. The oath shall be administered by the Lieutenant Governor, a Justice of the Supreme Court, a Judge of the Court of Appeals, or the Secretary of the Senate (see Const. Art. 11, Sec. 1).

1.202 CONTESTED ELECTIONS

a)  A petition for a recount shall be filed not later than 48 hours following the completion of the canvass of the votes cast at an election. A copy of the petition shall be given by the contestant to the Secretary of the Senate (see MCL 168.879). Notice of receipt of the petitions shall be announced by the Secretary of the Senate and printed in the Journal.

b)  Each contestant requesting a recount shall deposit with the Secretary of State, Bureau of Elections, the amount provided by law for each precinct in which he or she has requested a recount (see MCL 168.881).

c)  Upon completion of a recount, the Board of State Canvassers shall forward a report of the results to the Secretary of the Senate, and the report shall be announced by the Secretary of the Senate and printed in the Journal (see MCL 168.879).

1.203 PROCEDURE FOR EXCLUSION

a)  A Senator-elect shall not be given the oath of office or seated as a Senator if he or she has been convicted of subversion or has, within the preceding 20 years been convicted of a felony involving breach of the public trust (see Const. Art. 4, Sec. 7), or has within the preceding 20 years, been convicted of a felony involving dishonesty, deceit, fraud, or a breach of public trust and the conviction was related to the person’s official capacity while the person was holding any elective office or position of employment in local, state, or federal government (see Const. Art. 11, Sec. 8). Upon finding by a majority vote of the Senators elected and serving that a Senator-elect has committed an offense within the provisions of this rule, he or she shall be declared to be unqualified for membership in the Senate and his or her office declared vacant.

b)  Questions arising from challenges to the elections or returns of Senators shall be decided by a vote of a majority of the Senators elected and serving. In cases of contested elections or returns, notice setting forth the grounds of the contest shall be given by the contestant to the Secretary of the Senate not later than January 7 following the general election, or not later than 20 days following the special election.

c)  The Senate, with concurrence of two-thirds of Senators elected and serving, may expel a member. The reasons for such expulsion shall be printed in the Journal (see Const. Art. 4, Sec. 16).

1.204 EXCUSED ABSENCE

The Senate may excuse any Senator from attendance for any stated period, and the excused absence shall be printed in the Journal. The Senate may revoke an excuse at any time.

1.205 SENATORS DEEMED PRESENT UNLESS EXCUSED

a)  A Senator who answers an attendance roll call or who enters after an attendance roll call and reports his or her presence to the Secretary of the Senate shall be considered present thereafter unless an excused absence is granted.

b)  A Senator may be recognized prior to the invocation and the attendance roll call only for the purpose of presenting a motion to adjourn. Should such a motion to adjourn prevail, there shall be no official invocation and attendance roll call for that day.

1.206 COMPENSATION FOR SENATORS

The compensation of Senators is determined by the State Officers Compensation Commission, as provided by law. Senators shall not collect from the Senator’s staff account any compensation, expense allowance, or mileage reimbursement.

1.207 FACILITIES FOR SENATORS

Each Senator shall be entitled to facilities, equipment, furnishings, and expenses that are necessary to fulfill the duties of office. The location of facilities and the sufficiency of equipment, furnishings, and expenses shall be determined through guidelines established by the Director of the Business Office, under the direction of the Senate Majority Leader.

1.208 EXPENSE REIMBURSEMENT

Expense reimbursement for travel, lodging, meals, registration fees, and related items shall be made in accordance with regulations established by the Director of the Business Office, under the direction of the Senate Majority Leader. The regulations shall set forth the guidelines for amounts, methods of payment, and time of payment for such items. When, in the judgment of the Senate Majority Leader, the regulations need revision, the Senate Majority Leader may direct the Director of the Business Office to make the revision upon a 15 day notice to all Senators. The regulations shall include the following:

a)  Out-of-state expenses of a Senator, or Senate employee, shall not be paid by the Senate unless a written request has been approved by the Senate Majority Leader and filed with the Director of the Business Office prior to departure.

b)  A travel request shall state the purpose of the trip, the relevance of the trip to legislative matters, and an estimate of the cost.

c)  The Senator, or Senate employee, shall file a written and signed post-travel report with the Director of the Business Office not more than 20 calendar days after returning from travel. These reports shall be retained by the Director of the Business Office as required by applicable law and regulation. If a report is not filed within 20 calendar days after returning from travel, no expenses will be reimbursed by the Senate, and any Senate funds received in advance of departure shall be returned in full to the Senate Business Office. The post-travel report shall include a summary of the relevant legislative information, material pertinent thereto, and itemized expenditures.

d)  An expenditure for travel by a Senator, or Senate employee, shall not be paid by the Senate unless that expenditure is itemized and documented with a receipt or other approved documentation.

e)  Expenses for out-of-state travel by Senators shall be printed in the Journal on a quarterly basis.

f)  A Senator, or an employee of a Senator, shall not incur out-of-state travel expenses after the Senator is defeated in a Senate primary or general election, or upon the failure of the Senator to file for election while serving the balance of his or her unexpired term, unless approved by the Senate Majority Leader.

1.209 MAILING

a)  The mailing or printing at Senate expense of any personal or campaign material is prohibited.

b)  A Senator, or committee of the Senate, shall not use state funds to mail 1,000 or more pieces of substantially similar material within 30 days before a primary or general election in which the Senator is a candidate. This rule does not apply if the mailing is a summary of a ballot proposal that is approved by the Senate Majority Leader.

c)  The Senate shall not make payment for a mass mailing sent outside the district of the Senator making the mailing. In determining whether a violation of this rule has occurred, recognition shall be given to established mass mailing techniques.

d)  The Director of the Business Office, under the direction of the Senate Majority Leader, shall develop and disseminate guidelines for printing and mass mailing.

e)  The cost of pieces mailed by a Senator that were paid for with Senate funds shall be tabulated and recorded by the Director of the Business Office.

CHAPTER I – SECTION 3

LEGISLATIVE CONDUCT AND ETHICS

1.301 LEGISLATIVE CONDUCT

Each Senator shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office.

1.302 ATTENDANCE AND VOTING

Every Senator is expected to vote on each roll call vote, unless absent or prohibited from voting by Rule 1.306. A Senator who misses a roll call vote may request that a vote intention be printed in the Senate Journal reflecting how he or she would have voted.

1.303 IMPROPER INFLUENCE

A Senator shall not accept anything that will influence his or her official act, decision, or vote.

1.304 CONFLICTING EMPLOYMENT

A Senator shall not allow any personal employment to impair his or her independence of judgment in the exercise of his or her official duties.

1.305 UNDUE INFLUENCE

A Senator shall not use his or her influence in any matter that involves substantial conflict between his or her personal interest and his or her duties in the public interest.

1.306 DISCLOSURE AND DISQUALIFICATION

A Senator having a personal, private, or professional interest in a bill or alternative measure, of which he or she has knowledge, shall not vote on the bill or alternative measure and shall disclose in writing his or her interest in the bill or alternative measure. A personal, private, or professional interest in a bill or alternative measure is an interest that would provide a benefit particular to a Senator or a benefit particular to any individual or entity to whom the Senator is financially or legally obligated or is personally related. The disclosure shall be filed with the Secretary of the Senate to be printed in the Journal immediately following the record of the vote on the bill or alternative measure. If a Senator votes on a bill or alternative measure that might appear at the time of the vote to provide a benefit particular to that Senator or a benefit particular to any individual or entity to whom the Senator is financially or legally obligated or is personally related, a Senator may submit a statement explaining his or her reasons for voting. The statement shall be printed in the Journal.

1.307 SEXUAL HARASSMENT

Sexual harassment is prohibited and will not be tolerated by the Senate. The Director of the Business Office shall establish a policy to implement this rule.

1.308 SENATE EMPLOYEES AND CONFLICTS

Senate employees, including those elected by the Senate or those employees specifically provided for by other Senate rules, shall be held accountable to the intent of Chapter I, Section 3 of these rules where applicable. The Director of the Business Office shall establish policies to implement this rule.

1.309 IMPROPER USE OF STAFF AND FACILITIES

a)  A Senator shall not convert for personal, business, or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the Senate or State of Michigan. This includes, but is not limited to, telephones, facsimile machines, computers, postage, and copy machines.

b)  Personal business and incidental campaign calls, when charged to the Senate or State of Michigan, constitute improper use of Senate facilities.

c)  Personal and business calls must be charged to the caller’s residence telephone, personal credit card, special billing number, or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from Senate or State facilities shall be subject to appropriate sanctions.

d)  In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate’s operating procedure shall allow reimbursement to the Senate or State of Michigan for such calls and expenses.

1.310 ADVISORY OPINIONS

All questions relating to the interpretation and enforcement of Chapter I, Section 3 of these rules concerning legislative conduct and ethics shall be referred to the Committee on Government Operations. A Senator who has a question regarding legislative conduct and ethics may submit a factual situation to the Committee on Government Operations with a request for an advisory opinion establishing the standard of public duty. The Committee shall respond to each inquiry. All opinions issued by the committee shall, after a hearing, be numbered, dated, and printed in the Journal. No opinion shall identify the requesting Senator without his or her consent.

1.311 PENALTIES FOR VIOLATION

If a Senator is alleged to have violated the provisions of Chapter I, Section 3 of these rules, the Committee on Government Operations shall determine if the facts underlying the allegation are sufficient to merit a hearing. If a hearing is held, the Senator charged with a violation shall be given notice and an opportunity to appear at the hearing and be represented by counsel. The determination and any disciplinary action shall be made and taken only by a two-thirds vote of the Senators elected and serving on recommendation of the Committee on Government Operations. A Senator determined to have violated the provisions of the rules regulating ethics and conduct may be reprimanded, censured, or expelled. Any actions undertaken under this section shall be separate from any prosecutions or penalties otherwise provided by law.

CHAPTER I – SECTION 4

SENATE EMPLOYEES

1.401 EMPLOYEES OF EACH SENATOR

a)  All Senators may appoint necessary staff in accordance with Senate rules and subject to policies established by the Senate Majority Leader. These employees shall be directly responsible to the Senator. A Senator shall not appoint any employee who is related within the first degree of consanguinity or direct affinity to any Senator elected or serving. A Senator shall not appoint any employee who is related within the second or third degree of consanguinity or direct affinity to any Senator elected or serving without permission of the Senate Majority Leader.

b)  A person shall not begin employment nor receive any compensation until a Senator has provided the Senate Business Office with the necessary information about the employee. The Director of the Business Office shall establish policies to implement this rule.

c)  A Senate employee shall not convert for personal, business, or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the Senate or State of Michigan. This includes, but is not limited to, telephones, facsimile machines, computers, postage, and copy machines.

d)  Personal business and incidental campaign calls, when charged to the Senate or State of Michigan, constitute improper use of Senate facilities.

e)  Personal and business calls must be charged to the caller’s residence telephone, personal credit card, special billing number, or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from Senate or State facilities shall be subject to appropriate sanctions.

f)  In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate’s operating procedure shall allow reimbursement to the Senate or State of Michigan for such calls and expenses.

1.402 COMMITTEE CLERKS

Clerks for standing committees shall serve under the direction of the Secretary of the Senate. The person designated as committee clerk must perform all duties established by the State Constitution and Senate rules and must attend committee clerk training sessions provided by the Secretary of the Senate.

1.403 EMPLOYEE APPOINTMENT

The Senate Majority Leader shall appoint employees as necessary for the work of the Senate. The Senate Majority Leader shall appoint minority staff employees from a list submitted by the Senate Minority Leader.

1.404 EMPLOYEE COMPENSATION

a)  Compensation for Senate employees shall be established by each Senator within the limits of the budget guidelines in accordance with Senate rules and subject to policies issued by the Director of the Business Office, under the direction of the Senate Majority Leader.

b)  The Senate general fund shall provide benefit packages for the staff of each majority and minority Senator in accordance with policies established by the Senate Majority Leader.

1.405 EMPLOYEES AS CANDIDATES

Any Senate employee or any officer of the Senate who files a nominating petition, pays a fee for ballot access, files an affidavit of candidacy, or campaigns for the employee’s or officer’s election to a full-time office, shall resign, or, subject to approval of the Senate Majority Leader, be placed on an unpaid leave of absence. This rule shall not be construed as having any application to the Lieutenant Governor or any Senator.

1.406 EMPLOYMENT ACTIONS AT WILL OF THE MAJORITY LEADER

Except as otherwise provided in these rules, the Senate Majority Leader, or the Senate Majority Leader’s designee, shall appoint all employees of the Senate. Unless otherwise provided by law, the compensation for all employees and officers of the Senate shall be fixed by the Senate Majority Leader, or the Senate Majority Leader’s designee. All employees of the Senate shall maintain a status as non-tenured, at-will employees. All employees of the Senate work at the pleasure of the Senate Majority Leader, or the Senate Majority Leader’s designee, shall be subject to the Senate Majority Leader’s, or the Senate Majority Leader’s designee’s, orders, and may be transferred to a different position, demoted, suspended, or summarily removed by the Senate Majority Leader, or the Senate Majority Leader’s designee.

CHAPTER II – SECTION 1

COMMITTEE ORGANIZATION

2.101 AUTHORIZATION FOR STANDING COMMITTEES

a)  Permanent standing committees and commissions of or appointed by the Senate, when created by rule of the Senate, shall exist and function both during and between sessions (see MCL 4.221). Permanent standing committees and commissions of or appointed by the Senate may by resolution perform and exercise such powers and authority in the interim between sessions as shall be delegated to such committees or commissions in the resolutions.

b)  The Senate Majority Leader may, from time to time, establish subcommittees of permanent standing committees of the Senate. Such subcommittees shall include at least one majority party member and one minority party member who are members of that standing committee and shall have at least one more majority party member than minority party member.

2.102 POWERS AND RESPONSIBILITIES OF COMMITTEES

a)  Any Senator, while acting as a member of a committee, shall have authority to administer oaths to such persons as shall be examined before the committee of which he or she is a member (see MCL 4.85).

b)  Any committee may, by resolution of the Senate, be authorized to administer oaths, issue subpoenas, and examine books, records, and files (see MCL 4.101 and MCL 4.541).

c)  Any witness, or attorney representing a witness, may be punished for contempt by the Legislature (see MCL 4.82 and 4.101), under either of the following circumstances:

1)  During a committee investigation and pursuant to a committee subpoena, he or she:

a)  Refuses to be sworn or testify,

b)  Fails on demand to produce any papers, books, or documents regarding any matter under investigation, or

c)  Otherwise neglects or refuses to obey the committee subpoena.

2)  He or she is guilty of deliberately interfering with the duties and powers of the Legislature while in attendance at a committee hearing.

d)  Contempt of the Legislature shall be punishable as provided by law (see MCL 4.82 and 4.83).

2.103 STANDING COMMITTEES

The standing committees of the Senate shall be:

Advice and Consent (4 members)

Agriculture (5 members)

Appropriations (18 members)

Economic and Small Business Development (9 members)

Education and Career Readiness (6 members)

Elections (4 members)

Energy and Technology (12 members)

Environmental Quality (6 members)

Families, Seniors, and Veterans (7 members)

Finance (7 members)

Government Operations (5 members)

Health Policy and Human Services (10 members)

Insurance and Banking (9 members)

Judiciary and Public Safety (7 members)

Local Government (5 members)

Natural Resources (5 members)

Oversight (4 members)

Regulatory Reform (9 members)

Transportation and Infrastructure (9 members)

Statutory standing committees:

Administrative Rules (5 members) (see MCL 24.235)

Legislative Council (6 members and 3 alternates) (see MCL 4.1103)

Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026)

Library of Michigan Board of Trustees (1 member) (see MCL 397.14)

Michigan Commission on Uniform State Laws (2 members) (see MCL.4.1301)

Michigan Council on Future Mobility (2 members) (see MCL 257.665)

Michigan Law Revision Commission (2 members) (see MCL 4.1401)

Senate Fiscal Agency Board of Governors (5 members) (see MCL 4.1501)

2.104 COMMITTEE ON ADVICE AND CONSENT

a)  All appointments to office submitted by the Governor to the Senate shall be referred to the Committee on Advice and Consent. Effective upon written notification to the Secretary of the Senate, the chairperson of the Committee on Advice and Consent may request a Senate standing committee to hold hearings and make written recommendations to the Committee on Advice and Consent on a gubernatorial appointment. The Senate standing committee may adopt by committee vote a recommendation to the Committee on Advice and Consent.

1)  No appointment shall be voted upon until it has been printed in the Journal.

2)  On all appointments to office reported favorably or without recommendation by the Committee on Advice and Consent, the question before the Senate shall be on advising and consenting to the appointment. On all appointments reported unfavorably, the question shall be on the disapproval of the appointment.

3)  The vote of a majority of the Senators elected and serving by record roll call vote shall be required to approve or disapprove any appointment to office submitted by the Governor. Any appointments considered by the Senate shall be in open session, unless a majority of the Senators elected and serving shall vote in favor of an Executive Session.

4)  Any appointment not disapproved within 60 session days after receipt shall stand confirmed (see Const. Art. 5, sec. 6).

b)  If an appointment is made at a time when the 60 days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s constitutional duties to advise and consent on gubernatorial appointments. The Senate Majority Leader shall notify the Secretary of the Senate at least 10 calendar days prior to the date of the scheduled session. The Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session.

2.105 COMMITTEE ON GOVERNMENT OPERATIONS

a)  Except as otherwise provided by Senate rule, all executive business shall be referred to the Committee on Government Operations.

b)  Executive orders issued by the Governor, except those dealing with matters of appropriations or expenditure reductions, shall be referred to the Committee on Government Operations. Any executive order dealing with matters of executive reorganization may be disapproved by a resolution concurred in by a majority of members elected to and serving in each house within 60 calendar days after receipt at a regular session, or a full regular session if of shorter duration. Unless disapproved within that time, the executive order shall become effective at a date thereafter to be designated by the Governor (see Const. Art. 5, Sec. 2).

c)  Executive orders dealing with matters of appropriations or expenditure reductions shall be referred to the Committee on Appropriations (see MCL 18.1391).

d)  The Committee on Oversight shall receive for review all reports issued by the Auditor General.

e)  Upon written notice to the Secretary of the Senate, the chairperson of the Committee on Government Operations may request a Senate standing committee to hold hearings and make written recommendations to the Committee on Government Operations on any executive business referred to the Committee on Government Operations. The Senate standing committee may adopt by a committee vote a recommendation to the Committee on Government Operations.

2.106 COMMITTEE CHAIRPERSONS AND TEMPORARY MEMBERS

a)  The first named member of any committee shall be the chairperson, the second named member shall be the majority vice chairperson, and the remaining members of the committee shall rank in the order in which they are named. The first named member of the minority party shall be the minority vice chairperson. In the temporary absence of the chairperson and majority vice chairperson, the highest ranking member in attendance shall act as chairperson.

b)  In the apparent prolonged absence of a member of a committee, the Senate Majority Leader shall fill the vacancy by appointing a committee member who shall serve until the absent Senator returns. A temporary committee member shall not be appointed chairperson of the committee by the Senate Majority Leader.

2.107 CALLING OF A COMMITTEE

It shall be the duty of any committee to meet at the call of the chairperson, or on the written request of a majority of the members of the committee. The call or request must contain the date, time, and place of the meeting. No committee of any status shall sit during a session of the Senate, except during recess, unless leave is granted by the Senate. No committee shall use the Senate Chamber for a meeting during any regular or special session of the Legislature.

2.108 NOTICE OF MEETINGS

a)  A committee may hold a meeting on any bill, resolution, joint resolution, or alternative measure referred to the committee and on any issue relevant to the subject matter of the committee. Notice of the meeting, including the subject, date, time, and place, shall be given in writing to the Secretary of the Senate who shall print it in the Journal and on the Senate calendar and post it where appropriate (see Const. Art. 4, Sec. 17). Oral announcement regarding a meeting may be given to the Senate during a session by the chairperson, or a member of the committee holding the meeting.

b)  Notice of all committee meetings shall comply with the Michigan Open Meetings Act (see MCL 15.261-15.275).

2.109 COMMITTEE STAFFING

In addition to staff as provided in Rule 1.402, the Secretary of the Senate may appoint additional committee personnel as authorized by the Senate Majority Leader. The Senate Majority Leader may authorize joint utilization of personnel with the House of Representatives and may authorize the Senate to share in the cost.

2.110 COMMITTEE EXPENSES

No committee may receive reimbursement for expenses unless authorized by the Senate Majority Leader. A report of committee expenses, prepared by the chairperson and the Director of the Business Office from the documents on file in the Senate Business Office and approved by the chairperson, shall be filed quarterly with the Director of the Business Office. The report shall include the date, payee, amount, and purpose of the expenditure. The Director of the Business Office shall notify the Secretary of the Senate, for printing in the Journal, that the expense report is on file and open for public inspection.

CHAPTER II – SECTION 2

COMMITTEE PROCEDURE

2.201 COMMITTEE QUORUM

A quorum of a committee is a majority of the committee. The affirmative vote of a majority of the committee members serving is required to adopt an amendment or substitute to a bill, resolution, joint resolution, or alternative measure and to report any matter to the Senate. A member must be present at the time a roll call is taken for his or her vote to count toward the required majority concurrence.

2.202 COMMITTEE RECORDS

a)  Each committee clerk shall keep a record of the assigned committee proceedings, including the date and time of each meeting, the committee members present and absent, and all action on bills, resolutions, joint resolutions, and alternative measures in the committee with the names and votes of members (see Const. Art. 4, Sec. 17). A member of the committee wishing to explain his or her vote may file a written explanation with the clerk of the committee within two legislative days after the vote is taken, which explanation shall be attached to the minutes. All minutes shall be available for public inspection during reasonable business hours. The committee record of its proceedings shall be transmitted biennially to the Secretary of the Senate within 30 days of the final adjournment of the Legislature. The Secretary of the Senate shall be responsible for the storage of the committee minutes and records of its proceedings, which shall be available for public inspection upon request to the Secretary of the Senate.

b)  The committee clerk of each committee shall keep the committee files, recordings, tapes, records, memoranda, or written documents in storage cabinets separate from his or her other records according to the guidelines issued by the Secretary of the Senate.

2.203 COMMITTEE REPORTS

a)  All committees shall file a report of their activities following each meeting. All reports shall be submitted on a form prescribed and furnished by the Secretary of the Senate. The reports shall include the date, time, and place of the committee meeting, the members in attendance, the vote of each committee member on any bill, resolution, joint resolution, alternative measure, or other business, and the committee’s recommendation on immediate effect for any bill and shall be submitted to the Secretary of the Senate. The committee recommendation for immediate effect shall be considered on House bills at the time of Senate passage and on Senate bills upon their return from the House unless the Senate has previously given the bill immediate effect. All committees shall submit an attendance report to the Secretary of the Senate within two Senate legislative days of the committee meeting. The Secretary of the Senate shall print all committee reports and attendance reports in the Journal.

b)  Except for a committee report recommending a substitute, any bill, resolution, joint resolution, alternative measure, or other business reported out of any committee shall be filed with the Secretary of the Senate as soon as possible and not later than 4:00 p.m. on the next calendar day (excluding weekends and holidays). A committee report recommending a substitute shall be filed not later than 4:00 p.m. on the second calendar day (excluding weekends and holidays). The Secretary of the Senate shall have the authority to retrieve any report not filed by these deadlines.

c)  If a bill, resolution, joint resolution, alternative measure, or other business is reported to the Senate with a recommendation that it be referred to a second committee, the reported bill, joint resolution, alternative measure, or other business, and any amendments, shall be referred to that committee in accordance with Rule 3.106.

d)  All business not reported by a committee shall be archived in accordance with the Secretary of the Senate guidelines at the conclusion of each biennium.

2.204 ITEMS REPORTED WITHOUT RECOMMENDATION

All items reported without recommendation, with or without amendments, by any committee shall lie on the table unless otherwise ordered by the Senate. To take from the table any item placed on the table in this manner shall require the vote of a majority of the Senators elected and serving.

2.205 MANUAL OF COMMITTEE PROCEDURE

The rules of parliamentary law and practice in the most recent edition of Mason’s “Manual of Legislative Procedure” shall govern committee procedure in all cases except when those rules are inconsistent with the standing rules and published precedents of the Senate and its committees.

2.206 COMMITTEE TELEVISING, WEBCASTING, AND CONDUCT

a)  The Senate may tape, televise live, or webcast Senate committee meetings.

b)  No person shall engage in any conduct during a Senate committee meeting that undermines the decorum of the meeting. All individual electronic devices during a committee meeting shall be turned off or left on non-audible alert.

CHAPTER III – SECTION 1

ORDER OF BUSINESS

3.101 TIME OF SESSION

The Senate shall convene at 10:00 a.m. Tuesday through Thursday except on state holidays, unless otherwise ordered by the Senate.

3.102 ORDER OF BUSINESS

Unless otherwise ordered by the Senate, the order of business of the Senate shall be as follows:

1.  Call to Order

2.  Invocation

3.  Pledge of Allegiance

4.  Attendance Roll Call

5.  Motions and Communications

6.  Messages from the Governor

7.  Messages from the House

8.  Conference Reports

9.  Third Reading of Bills

10. General Orders

11. Resolutions

12. Introduction and Referral of Bills

13. Statements

14. Adjournment

3.103 CHANGE OF ORDER OF BUSINESS

The Senate may change, bypass, or return to any order of business at any time by the consent of a majority of those voting.

3.104 QUORUM OF THE SENATE

a)  A majority of Senators elected and serving shall constitute a quorum (see Const. Art. 4, Sec. 14).

b)  Routine business on which no vote of the Senate is required may be disposed of on any day, with or without a quorum present, and proper entries shall be printed in the Journal. For purposes of this rule, “routine business” includes referral of appointments to office submitted by the Governor, referral of executive business not including veto messages, introduction and referral of bills, and announcement of enrollment printing.

c)  In the absence of a quorum, a motion is in order to order a Call of the Senate, recess, or adjourn.

3.105 COMMUNICATIONS TO THE SENATE

The Secretary of the Senate shall compile official communications received by the Senate and shall make them available to all Senators. The presiding officer shall refer all communications that are informational only to the Secretary of the Senate for printing in the Journal.

3.106 COMMITTEE REPORTS ON THE CALENDAR

a)  All committee reports in the possession of the Secretary of the Senate shall be placed on the Senate calendar under the heading of Committee Reports. The Senate calendar shall be closed for printing at 4:00 p.m. on Tuesday, Wednesday, and Thursday. If a Senate committee is scheduled to meet on a Friday, Saturday, or Sunday, the Senate calendar for a Tuesday session shall be closed for printing at 9:30 a.m. on Monday; however if Monday is a state holiday, the committee report may be placed on the next Senate calendar following the 4:00 p.m. deadline on Tuesday.

b)  A Senator may object to a committee report on the basis of its sufficiency or proper authorization. The presiding officer shall place the objection before the Senate for its decision.

c)  All committee reports shall be laid over one day. After one session day a committee report shall be considered accepted and the item shall be referred as appropriate.

3.107 RESOLUTION CONSENT CALENDAR

a)  The Senate Majority Floor Leader and the Senate Minority Floor Leader, or their member designees, shall jointly compile a list known as the resolution consent calendar. It shall consist of Senate resolutions, Senate concurrent resolutions, and House concurrent resolutions that do not require committee referral and consideration, the adoption of which may be accomplished by a majority of Senators voting. Resolutions that are subject to the voting requirements of Senate Rule 3.501, or governed by a voting requirement in statute, shall not be placed on the resolution consent calendar.

b)  Matters on the resolution consent calendar shall be disposed of in a single vote. Before stating the question of adoption of the consent calendar, the presiding officer shall ask if there are objections. The objection of any Senator to the placement of one or more items on the resolution consent calendar shall result in the removal of the stated item or items from that calendar. Any items removed from the resolution consent calendar may be considered under the order of Resolutions.

CHAPTER III – SECTION 2

INTRODUCTION OF BILLS

3.201 FIVE DAYS’ POSSESSION

No bill shall be passed or become law, and no alternative measure shall be adopted, at any regular session of the Legislature until it has been printed or reproduced and in possession of the Senate for at least five days (see Const. Art. 4, Sec. 26).

3.202 BILLS, RESOLUTIONS, AND ALTERNATIVE MEASURES AMENDED BY THE HOUSE

All bills, joint resolutions, concurrent resolutions, and alternative measures returned by the House with amendments shall be laid over one day. Consideration of bills, joint resolutions, and alternative measures shall be resumed the following day under the same order of business. Consideration of concurrent resolutions shall be resumed the following day under the order of Resolutions.

3.203 REFERRAL OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES

a)  The Senate Majority Leader shall refer all bills, joint resolutions, and alternative measures to a standing committee no later than one Senate legislative day after being submitted to the Secretary of the Senate. The presiding officer shall announce the referral of all bills, joint resolutions, and alternative measures.

b)  A bill introduced pursuant to the timely filing of a notice of objection by the Joint Committee on Administrative Rules to a proposed administrative rule shall be read twice and placed on the Senate calendar under the order of business of General Orders (see MCL 24.245a).

c)  The Senate Majority Leader may change the original referral of a bill, resolution, joint resolution or alternative measure by oral notice to the Senate or written communication submitted to the Secretary of the Senate before the end of session on the next Senate legislative day following the day of the original referral. Notices of the written communication shall be announced by the Secretary of the Senate during session and both oral and written notifications shall be printed in the Journal.

d)  It shall be in order at any time before the final passage of any bill or the adoption of any joint resolution or alternative measure to move its commitment or recommitment to committee.

e)  The vote of a majority of the Senators elected and serving shall be required to discharge a committee from further consideration of any item referred to that committee.

3.204 RESOLUTIONS

a)  All resolutions to be introduced shall be submitted to the Secretary of the Senate, accompanied by three true copies. Only a currently serving Senator may sign a resolution for introduction. Except as otherwise provided by Senate Rule, resolutions shall be read once by title to the Senate and referred to the Committee on Government Operations. Once submitted to the Secretary of the Senate, resolutions become the property of the Senate and shall remain in the possession of the Secretary of the Senate. Concurrent resolutions shall be transmitted to the House on adoption.

b)  Once a resolution is submitted to the Secretary of the Senate, the President of the Senate and any Senator wishing to co-sponsor the resolution shall complete a form provided by the Secretary of the Senate. While a resolution is in possession of the Senate, the President or a Senator may request that, for purposes of co-sponsorship, their name be removed or added to the resolution with a letter or request (see 3.507a). After adoption of a Senate resolution, the presiding officer may, upon a proper motion, open the voting board to allow Senators to add their names as co-sponsors.

c)  After a Senate concurrent resolution has been adopted by both houses and is returned to the Senate, the Secretary of the Senate is authorized to order the printing of the concurrent resolution unless amended by the House or otherwise directed by the Senate.

3.205 PRINTING

All bills, joint resolutions, and alternative measures shall be printed or reproduced after introduction unless otherwise ordered by the Senate. No bill, joint resolution, or alternative measure shall be reported from a standing committee until it has been printed or reproduced.

3.206 TITLE OF BILLS AND ALTERNATE MEASURES

The title of a bill or alternative measure shall include (a) the object of the bill or alternative measure and (b) a reference to the act, sections, and compilation numbers when amending any act that has been compiled.

3.207 THREE SEPARATE READINGS

Every bill, joint resolution, and alternative measure shall receive three separate readings prior to final passage or adoption. The presiding officer shall announce the first, second, and third reading of the bill, joint resolution, or alternative measure. The first and second readings may be by title only. The third reading of a bill, joint resolution, or alternative measure shall be in full unless otherwise ordered unanimously by the Senate. The third reading of a bill, joint resolution, or alternative measure shall be on a day subsequent to that on which it is read a second time or is reported by the Committee of the Whole (see Const. Art. 4, Sec. 26).

3.208 INITIATIVE PETITIONS

a)  The Secretary of the Senate shall stamp all initiative petitions received by it from the Secretary of State to verify the date and time of receipt by the Secretary of the Senate. The Secretary of the Senate shall deliver the initiative petition to the Senate Majority Leader to be available for referral to committee on the next Senate legislative day (see Const. Art. 2, Sec. 9).

b)  Each initiative petition, when introduced, shall be read a first and second time by title and referred to committee. When reported out of committee, each initiative petition shall be placed on the order of Third Reading of Bills.

c)  Any law proposed by initiative petition shall be either enacted or rejected by the Legislature without change or amendment within 40 calendar days from the time such petition is received in the office of the Secretary of the Senate (see Const. Art. 2, Sec. 9).

d)  If the Senate rejects a law proposed by initiative petition, the Senate may propose a different (“alternative”) measure upon the same subject. An alternative measure shall be labeled “Alternative Measure No. ___ to a law proposed by initiative petition”. An alternative measure shall not be considered for a second reading unless a law proposed by initiative petition has been rejected by a house. An alternative measure shall require a majority vote of Senators elected and serving for adoption, and the vote shall be by record roll call. If the alternative measure is adopted by both Houses of the Legislature, both measures shall be submitted to the electors for approval or rejection at the next general election (see Const. Art. 2, Sec. 9).

CHAPTER III – SECTION 3

MOTIONS

3.301 RECOGNITION

The presiding officer shall recognize Senators to speak in the order in which they request to speak, except when a Senator seeks recognition to introduce guests or to raise a point of order. A Senator, when recognized, shall address the presiding officer, standing at the microphone nearest to his or her desk.

3.302 PRECEDENCE OF MOTIONS

The following motions shall take precedence in the order listed:

1.  To fix the time to which to adjourn

2.  To adjourn

3.  To take a recess

4.  To lay on the table

5.  For the previous question

6.  To postpone to a day certain

7.  To commit or recommit to committee

8.  To amend

9.  To postpone indefinitely

3.303 MOTION IN WRITING

The presiding officer shall allow for debate on any debatable motion currently before the Senate. A motion shall be reduced to writing on the demand of the presiding officer or on the request of any Senator. The written motion shall be presented to the Secretary of the Senate and read before it is debated.

3.304 MOTION WITHDRAWAL

Any motion may be withdrawn by the movant before it is amended or adopted.

3.305 NONDEBATABLE MOTIONS

a)  A motion to adjourn, to recess, to reconsider, to lay on the table, for the previous question, to suspend the rules, and all questions relating to the priority of business shall be decided without debate.

b)  A nondebatable motion is not in order if the movant speaks immediately before offering the motion, except a member may explain an amendment and then move to withdraw it from consideration.

3.306 CONSIDERATION FOLLOWING A RECESS

When a recess is taken during the pendency of any question, the consideration of the question shall be resumed on the reassembling of the Senate.

3.307 MOTION TO LAY ON THE TABLE

A motion to lay on the table shall carry with it all pending subsidiary questions except in the case of laying an appeal or a motion to reconsider on the table. A motion taken from the table shall be divested of all subsidiary motions except motions to amend. The vote of a majority of the Senators elected and serving shall be required for a motion to remove any item from the table. Items laid on the table must first be removed from the table before they are eligible for further consideration by the Senate.

3.308 MOVE THE PREVIOUS QUESTION

a)  Any Senator may move the previous question. The previous question shall be ordered by a majority of the Senators voting. The motion for the previous question may be limited by the movant to one or more of the questions preceding the main question. The effect of ordering the previous question shall be to close debate instantly, bringing the Senate to an immediate vote on the pending question or questions in their regular order. If the previous question is ordered on the third reading of a bill, joint resolution, or alternative measure, only amendments to the bill, joint resolution, or alternative measure that have been filed with the Secretary of the Senate prior to the motion calling for the previous question shall be considered, but the amendments shall not be debated. The yeas and nays may be demanded on any vote taken while the previous question is in effect

b)  A motion to reconsider is in order under operation of the previous question before voting is completed on all pending items affected by the previous question.

c)  A motion for a Call of the Senate shall not be in order after the previous question has been ordered. No Senator shall dissent orally by making a statement of protest while the previous question is in effect. The previous question having been ordered, any question of order or appeal from the decision of the presiding officer shall be decided without debate.

3.309 MOTION TO DIVIDE

Any Senator may call for a division of the question. If supported by a majority of the Senators voting, the question shall be divided providing it contains propositions sufficiently distinct in substance that, if one is taken away, a substantive proposition remains for the decision of the Senate.

3.310 MOTION TO STRIKE OUT AND INSERT

A motion to amend by striking out and inserting other words shall be indivisible. However, the words proposed to be struck out or inserted may be amended.

3.311 MOTION TO RECONSIDER

a)  No motion for the reconsideration of any vote shall be in order unless:

1)  The subject matter on which the vote was taken is in the possession of the Senate, and

2)  It is made on the same day the vote is taken or within the next two Senate legislative days.

b)  The same question shall not be reconsidered more than once.

c)  The vote of a majority of the Senators elected and serving shall be required to reconsider the vote by which any bill, joint resolution, or alternative measure was passed or adopted (or failed to pass or be adopted) or the vote by which an amendment or substitute (but not an amendment to an amendment or a substitute) was adopted or defeated on Third Reading by the Senate.

d)  A motion to reconsider may be laid on the table. The tabling of a motion to reconsider the vote by which any bill, joint resolution, or alternative measure failed to pass or be adopted by the Senate shall require the vote of a majority of the Senators elected and serving and shall postpone indefinitely the consideration of the bill, joint resolution, or alternative measure.

e)  Tabling of a motion to reconsider shall not carry with it the original question but shall be a refusal to reconsider. It shall not be in order to take from the table a motion to reconsider, nor shall the vote whereby any motion to reconsider was laid on the table be reconsidered.

3.312 INDEFINITE POSTPONEMENT

To postpone indefinitely further consideration of any bill, resolution, joint resolution, alternative measure, or other matter shall require the vote of a majority of the Senators elected and serving, and the vote on such a motion shall not be reconsidered.

3.313 MOTION FOR CALL OF THE SENATE

A Call of the Senate during session shall be ordered by a majority of the Senators voting whether a quorum or not, but the total vote in favor of a Call of the Senate shall not be less than one-fifth of the Senators elected and serving. After a Call of the Senate is ordered, the doors shall be closed and the Senators shall not be permitted to leave the Senate floor without permission of the Senate. The attendance roll call of the Senate shall be taken by the Secretary of the Senate and the absentees noted. The Sergeant at Arms, or persons duly empowered by a majority of the Senators voting, may be dispatched and may arrest any or all of the Senators absent without leave. While a Call of the Senate is in effect, only staff permitted by the Senate Majority Leader are allowed on the Senate floor; provided, however, the chief of staff, legal counsel, and legislative director for the Senate Majority Leader and the Senate Minority Leader and one staff person for each of the Majority and Minority Floor Leaders may remain on the Senate floor while a Call of the Senate is in effect.

CHAPTER III – SECTION 4

AMENDMENTS

3.401 TWO READINGS BEFORE AMENDMENT

No bill, joint resolution, or alternative measure shall be amended until it has been read twice.

3.402 AMENDMENTS ON THIRD READING

a)  The vote of a majority of the Senators elected and serving shall be required to adopt any amendment on Third Reading.

b)  If a series of amendments is offered to a bill, joint resolution, or alternative measure and it becomes obvious the amendments are being used as a basis of obstruction, a motion may be made that the amendments be declared obstructive and the motion shall not be debatable. If the motion prevails, the amendments shall be read en bloc and a single vote shall be taken immediately on all of the amendments, and no division of the question shall be allowed.

3.403 PRINTING OF AMENDMENTS IN THE JOURNAL

a)  No bill, joint resolution, or alternative measure that has been reported with amendment or amendments by any committee shall be considered in Committee of the Whole until the amendment or amendments have been printed in the Journal. No bill, joint resolution, or alternative measure amended in Committee of the Whole shall be considered on the order of Third Reading of Bills until all amendments made in Committee of the Whole have been printed in the Journal.

b)  All amendments shall be submitted in writing and with six copies and all substitutes shall be submitted with six copies.

CHAPTER III – SECTION 5

VOTING PROCEDURE

3.501 ACTIONS REQUIRING AN EXTRAORDINARY MAJORITY

Action by the Senate on the following matters shall require a vote of two-thirds of the Senators elected and serving except as otherwise noted:

a)  Amendment or Repeal of Initiated Law, three-fourths of the Senators elected and serving (Const. Art. 2, Sec. 9)

b)  Expulsion of Member (Const. Art. 4, Sec. 16)

c)  Immediate Effect (Const. Art. 4, Sec. 27)

d)  Local or Special Act (Const. Art. 4, Sec. 29)

e)  Private or Local Purpose Appropriation (Const. Art. 4, Sec. 30)

f)  Overriding Veto (Const. Art. 4, Sec. 33)

g)  Bank and Trust Company Law (Const. Art. 4, Sec. 43)

h)  Courts of Limited Jurisdiction (Const. Art. 6, Sec. 1)

i)   Removal of Judge (Const. Art. 6, Sec. 25)

j)   State Borrowing (Const. Art. 9, Sec. 15)

k)  State Land Reserve Designation (Const. Art. 10, Sec. 5)

l)   Rejection or Reduction of Civil Service Pay Increases (Const. Art. 11, Sec. 5)

m) Amendments to Michigan Constitution (Const. Art. 12, Sec. 1)

n)  Mackinac Bridge Bonds Refunding (Const. Schedule, Sec. 14)

o)  Amendments to increase the February 1, 1994 statutory limits on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes, three-fourths of the Senators elected and serving (Const. Art. 9, Sec. 3)

3.502 MAJORITY VOTE ON QUESTIONS SHORT OF THE FINAL QUESTION

When a bill, joint resolution, or alternative measure requires, pursuant to the Constitution, the concurrence of more than a majority of the Senators elected and serving, the concurrence of such majority shall not be requisite to decide any question for amendment or relating to the merits, being short of the final question, except on the question of the adoption of a conference report, concurring in House amendments, or receding from Senate amendments to any such bill, joint resolution, or alternative measure returned from the House to the Senate for final action.

3.503 FINAL PASSAGE BY REQUIRED VOTE

a)  The vote on the final passage of any bill or the adoption of any joint resolution or alternative measure, including a joint resolution ratifying a proposed amendment to the federal Constitution, shall be taken by a record roll call vote, which shall be printed in the Journal (see Const. Art. 4, Sec. 26).

b)  When any bill, joint resolution, or alternative measure receives the constitutionally required assent, that fact shall be certified on the bill, joint resolution, or alternative measure by the Secretary of the Senate.

c)  When a bill is given immediate effect by a two-thirds vote of the Senators elected and serving, that action remains in effect as the bill proceeds through the legislative process, unless the vote for immediate effect is reconsidered and defeated.

3.504 DEMAND FOR RECORDED VOTE

The record of the votes and names of the Senators voting on any question shall be printed in the Journal at the request of one-fifth of the Senators present (see Const. Art. 4, Sec. 18), except during the Committee of the Whole.

3.505 VOTING

a)  After a question is presented to the Senate by the presiding officer, and after the time for debate, no motion shall be in order and no Senator shall be entitled to speak until the vote is finished and the result declared.

b)  The electronic voting system shall be used, if operational, to determine the question before the body when the vote is taken by roll call or by division and shall display the votes of each Senator. At the direction of the presiding officer, the Secretary of the Senate shall immediately activate the electronic voting system for one minute for a roll call vote, after which the vote shall be closed and no further votes shall be entered in the record. If all Senators present have voted before one minute has elapsed, the presiding officer may ask Senators if there is objection to closing the vote. If no Senator objects, the presiding officer shall instruct the Secretary of the Senate to close the board immediately and record the vote.

c)  The presiding officer may close a division vote at his or her discretion when it appears that all members present have had a reasonable opportunity to vote.

d)  If the electronic voting system is not operational, the presiding officer shall direct the Secretary of the Senate to conduct a roll call or a division vote orally and to announce the results and record the roll call.

e)  A Senator shall not vote for another Senator. A person who is not a Senator shall not vote for any Senator. In addition to penalties prescribed by law, any Senator may be punished as the Senate may determine for voting for another Senator. If a person who is not a Senator votes or attempts to vote, he or she, in addition to penalties prescribed by law, shall be barred from the Senate floor for the remainder of the day’s session and may receive further punishment in the discretion of the Senate Majority Leader.

3.506 A SENATOR’S RIGHT TO DISSENT

a)  A Senator may dissent from or protest against any act, proceeding, or resolution that he or she believes is injurious to any person or the public, and have the reason for his or her dissent printed in the Journal (see Const. Art. 4, Sec. 18).

b)  A Senator may dissent orally by making a statement of protest, unless the previous question is in effect, which shall not be limited in length, or by moving that a statement made personally during session on any order of business (other than during the Committee of the Whole) be his or her protest. A Senator may also dissent by concurring with another Senator’s protest or statement previously moved to be printed in the Journal during that day’s session. Dissent statements not made during the debate preceding or immediately following the vote from which a Senator is dissenting shall be made under the order of Statements.

c)  A Senator may submit a dissent in writing to be printed in the Journal if:

1)  He or she gives oral notice during session of an intent to file a written protest,

2)  On that day or prior to the end of session on the next Senate legislative day, a signed copy of the written protest is placed on each Senator’s desk and filed with the Secretary of the Senate, and

3)  No objections are raised and sustained by the end of session on the first Senate legislative day following the day oral notice was given.

d)  The Secretary of the Senate may refuse to print statements containing insulting and contemptuous matter under the guise of a protest and material that would violate copyright law.

e)  No statement of any Senator shall be printed in the Journal unless moved by that Senator.

3.507 ANNOUNCEMENTS AND STATEMENTS

a)  Announcements may be made during any order of business. Announcements are remarks concerning the session schedule, committee meetings, introduction of guests, congratulations, condolences or illness, requests to co-sponsor bills, resolutions, and alternative measures, requests to be removed as a sponsor or co-sponsor of bills, resolutions, and alternative measures, past vote intentions, or intentions of introducing legislation or resolutions. Announcements also include memorial remarks concerning the passing of individuals and may be made during any order of business except General Orders.

b)  Statements on topics, issues, and items not properly before the Senate shall be made during the order of business of Statements. Dissent statements may be made under the order of business of Statements.

c)  A Senator is limited to one statement each day under the order of business of Statements, except for dissent statements, which are unlimited in number.

d)  Each statement shall be limited to five minutes, except an oral dissent statement made on the order of Statements shall not be limited in length.

e)  With the leave of the Senate, the President of the Senate may request that a statement made by the President be printed in the Journal.

CHAPTER III – SECTION 6

APPROPRIATION BILLS

3.601 GENERAL APPROPRIATION BILLS

The general appropriation bills for the succeeding fiscal year covering items set forth in the budget shall be passed or defeated in the Senate before the Senate passes any appropriation bill for items not in the budget, except bills supplementing appropriations for the current fiscal year’s operation (see Const. Art. 4, Sec. 31).

3.602 BILLS REQUIRING APPROPRIATIONS

Any bill containing an appropriation to carry out its purpose shall be considered an appropriation bill (see Const. Art. 4, Sec. 31). Appropriation bills, when reported back to the Senate favorably by a committee other than the Committee on Appropriations, shall, together with amendments proposed by that committee, be referred to the Committee on Appropriations for consideration.

3.603 ESTIMATED REVENUE

One of the general appropriation bills as passed by the Senate shall contain an itemized statement of estimated revenue by a major source in each operating fund for the ensuing fiscal year, the total of which shall not be less than the total of all appropriations made from each fund in the general appropriation bills as passed.

CHAPTER III – SECTION 7

COMMITTEE OF THE WHOLE

3.701 FAVORABLE REPORTS

All bills, joint resolutions, and alternative measures reported back to the Senate favorably shall be referred to the Committee of the Whole with amendments, if any, proposed by the committee, which amendments shall be considered first by the Committee of the Whole. Any bill, joint resolution, or alternative measure may, after having been reported favorably to the Senate by a committee, be referred to a second committee. If the second committee reports the bill, joint resolution, or alternative measure back to the Senate, the report shall include amendments, if any, that were recommended by the first committee. The reported bill, joint resolution, or alternative measure, and any amendments, shall be referred to the Committee of the Whole.

3.702 BUSINESS IN ORDER

When the Senate resolves itself into the Committee of the Whole, General Orders shall be the only matter of business that shall be in order until the Committee rises.

3.703 BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES CONSTITUTING GENERAL ORDERS

a)  Bills, joint resolutions, and alternative measures referred to the Committee of the Whole shall constitute General Orders and shall be considered in the Committee of the Whole on a day subsequent to such referral in the order of their reference, unless the Senate or the Committee of the Whole otherwise determines.

b)  No bill, joint resolution, or alternative measure shall bypass consideration by the Committee of the Whole.

3.704 CHAIRPERSON OF THE COMMITTEE OF THE WHOLE

The presiding officer shall, when the Senate resolves itself into the Committee of the Whole, designate a Senator as chairperson of the Committee, unless otherwise ordered by the Senate. Senators shall be designated alphabetically, except as otherwise ordered by the Senate Majority Leader. The Majority and Minority Floor Leaders shall submit to the Secretary of the Senate names of designees for members of their respective caucuses when they are unable to serve as chairperson of the Committee.

3.705 RULES IN THE COMMITTEE OF THE WHOLE

a)  The rules of the Senate shall be observed in the Committee of the Whole so far as may be applicable, except limiting debate, ordering the previous question, suspension of rules, or taking the yeas and nays. However, no speech shall exceed five minutes. A motion that the Committee rise shall always be in order and decided without debate. Motions in the Committee of the Whole recommending action by the Senate shall take precedence in the same order as identical motions made during a session of the Senate. Motions to recess or reconsider are in order in the Committee of the Whole.

b)  No statement made during the Committee of the Whole shall be printed in the Journal.

c)  In the event the Senate is in session in the Committee of the Whole at 11:55 p.m., it shall be the duty of the chairperson to declare the Committee of the Whole to have risen. The Committee of the Whole shall automatically rise and the presiding officer of the Senate shall resume the chair.

3.706 BILLS ORDERED TO THIRD READING

The Secretary of the Senate shall place on the order of Third Reading of Bills all bills, joint resolutions, and alternative measures recommended for passage or adoption by the Committee of the Whole. Items on the order of Third Reading of Bills shall be taken up in the same order as they were advanced to the order of Third Reading of Bills unless otherwise ordered by the Senate.

CHAPTER III – SECTION 8

PARLIAMENTARY PROCEDURE

3.801 AUTHORITY AND PRECEDENCE OF SENATE RULES

a)  The principal sources of legal authority for the Senate are, in the order of precedence, as follows:

1)  Constitutional Rules

2)  Fundamental Legal Principles

3)  Statutory Rules

4)  Adopted Rules

5)  Adopted Parliamentary Authority

6)  Parliamentary Law

7)  Customs and Usages

8)  Judicial Decisions

Judicial decisions have the lowest precedence of the sources cited except to the extent they are interpretations of rules from one of the other sources. In those instances, they take the same precedence as the source that is interpreted.

b)  Rules from the source with the higher precedence prevails when there are conflicts between rules from different sources.

3.802 MANUAL OF LEGISLATIVE PROCEDURE

The rules of parliamentary practice in the most recent edition of Mason’s “Manual of Legislative Procedure” shall govern all cases except when they are inconsistent with the Standing Rules and precedents of the Senate.

3.803 RULES OF A NEWLY CONVENED SENATE

The Senate rules that are in effect when the Senate adjourns sine die in an even numbered year shall be the temporary rules of the Senate when it convenes at twelve o’clock noon on the second Wednesday in January of the following odd numbered year and shall remain in effect until other temporary or permanent rules are adopted (see MCL 4.42).

3.804 AMENDMENT OR REPEAL OF SENATE RULES

The repeal or amendment of any rule shall be accomplished only by resolution. All proposed amendments or repeals of Senate rules shall be referred to the Committee on Government Operations for consideration. The adoption of a proposed resolution for the repeal or amendment of any rule shall require a majority of the Senators elected and serving.

3.805 SUSPENSION OF RULES

The suspension of any Senate rule or adopted parliamentary authority shall require a majority of the Senators elected and serving.

CHAPTER III – SECTION 9

PRIVILEGE AND CONDUCT ON FLOOR

3.901 MEMBERS OF THE MEDIA

Members of the media shall register with the Secretary of the Senate and may have their registration reviewed at any time. The Secretary of the Senate shall provide a list of registered members of the media to the Sergeant at Arms. The following provisions shall govern the registration process:

1)  A member of the media shall be defined as a person employed by or working as:

a)  A newspaper (as defined by U.S. postal regulations);

b)  A broadcast station licensed by the Federal Communications Commission, or a network serving one or more licensed broadcast stations;

c)  A cable television system with a franchise granted by a Michigan unit of government, or a network serving one or more franchised cable systems;

d)  A wire service; or

e)  An independent contractor on assignment to report state government news for an organization described above.

2)  Subject to approval of the Senate Majority Leader, the Secretary of the Senate shall establish a written policy to allow for the daily registration of visiting members of the media. The written policy shall allow for registration of visiting members of the media prior to the start of session.

3)  The Secretary of the Senate may, under special circumstances, register representatives of the media not defined above if determined to be in the public interest.

4)  Technicians for broadcast or cable stations shall also be registered when accompanying members of the media and shall be subject to the same rules.

5)  The Secretary of the Senate may revoke the registration of any member of the media for cause. Cause shall include, but not be limited to, a change in employment status, lobbying or acting as a lobbyist agent, disrupting Senate proceedings, or refusing to comply with Senate rules or the directives of the presiding officer, Senate Majority Leader, or Secretary of the Senate. A decision to revoke registration may be appealed to the Committee on Government Operations.

6)  Members of the media may talk with only a currently serving Senator or a member of his or her staff in the front entry or the hallway behind the Senate rostrum. Notwithstanding Senate Rule 3.902, members of the media may leave the media’s designated area and talk with only a currently serving Senator or a member of his or her staff in the Chamber immediately following adjournment.

7)  Members of the media shall enter from the north main door or the two south doors on either side of the rostrum and shall proceed directly to the areas designated for the media. If a member of the media enters through the north main door, he or she shall proceed directly to the areas designated for the media using the east or west side aisles only. Members of the media shall not enter the cloak room or the restrooms of the Senate Chamber.

8)  Members of the media may film, videotape, or photograph the Senate session from the media’s designated area. During the first 20 minutes after the attendance roll call, with permission from the Senate, members of the media shall be allowed to film, videotape, or photograph from along the full length of the east and west side aisles.

9)  A member of the media, including a broadcast technician, shall be entitled to record Senate session as long as it does not disrupt the proceedings of the Senate. “Record” shall mean videotaping, photographing, filming, taping, or electronically transmitting Senate proceedings or activities on the Senate floor when the Senate is in session.

3.902 FLOOR PRIVILEGE AND CONDUCT

a)  A session of the Senate shall be defined, for the purposes of this rule, as any period of time when the Senate is in session, any recess, and any 15-minute period before the Senate convenes and five minutes after it adjourns. The Senate floor is defined as the Senate Chamber and adjoining Rooms S201, S202, S204 (E. Lakin Brown Room), S204A, S207, and S212. Access to the Senate floor shall to others be restricted as outlined below during any session of the Senate, except that members of the public are permitted in Room S204 when a scheduled press conference is held there during session. Access to caucus rooms shall be determined by the majority and minority leaders respectively.

1)  No person, other than the following, shall be admitted to the Senate floor:

a)  Currently serving Representatives.

b)  The President of the Senate.

c)  The Governor and any necessary security detail.

d)  Senators or Representatives in Congress.

e)  Former Michigan Senators.

f)  The Secretary of the Senate and related session support staff.

g)  Legislative staff as authorized in guidelines issued by the Senate Majority Leader.

h)  One representative of the Governor, which shall include the Attorney General or their staff and the Secretary of State or their staff.

i)   On special occasions, from time to time, one family member of a Senator or the President of the Senate, as authorized by the Majority Floor Leader.

j)   Registered members of the media pursuant to Senate Rule 3.901.

k)  A guest who has been invited by a Senator to offer the invocation, and a family member of that guest.

l)   Other guests approved from time to time by the Senate Majority Leader and Majority Floor Leader.

2)  No registered lobbyist or lobbyist agent, including former Legislators, shall be allowed on the Senate floor. They shall not be allowed in the hallway behind the Senate rostrum, unless en route to or from the Lieutenant Governor’s Office (S215) or the Elijah Myers Room (S208).

3)  A former Legislator shall not lobby on the Senate floor, except if they are admitted under Senate Rule 3.902(a)(1)(g) or (h).

b)  No person shall engage in any conduct on the Senate floor during any session of the Senate that undermines the decorum of the Senate. All persons who are admitted to the Senate floor shall observe the following guidelines:

1)  No Senator shall speak until recognized by the presiding officer, unless the Senator rises to make a point of order.

2)  Except as otherwise provided by Senate rule, no Senator shall speak on any matter not properly before the Senate.

3)  No Senator shall speak more than twice in any one debate on the same day, without leave of the Senate, except the Senator who sponsored the matter under consideration; the Senator who sponsored the bill, resolution, joint resolution, or alternative measure if an amendment is under consideration; and the chairperson of the committee or subcommittee that reported the matter under consideration. Each speech shall not exceed five minutes, except there is no limit on the length of an oral dissent statement.

4)  No Senator shall speak impertinently or submit in writing impertinent statements, attack the motives of any Senator who proposes or advocates a particular position, use indecent language or other disorderly words, or refer to another Senator by name in a disparaging way.

5)  No Senator shall use a display, exhibit, or prop on the Senate floor during discussions, debate, statements, or the announcement of the introduction of a bill, resolution, joint resolution, or alternative measure.

6)  No person other than a Senator, the President of the Senate, the Secretary and Assistant Secretary of the Senate, or the Sergeants at Arms shall pass through the well of the Senate Chamber, which is immediately in front of the Senate rostrum.

7)  No person other than a Senator, the President of the Senate, the Secretary of the Senate, or the Sergeants at Arms shall use the center aisle of the Chamber.

8)  No person shall pass between the presiding officer and a Senator who is speaking.

9)  No person other than a Senator shall sit in a Senator’s chair.

10) Except as otherwise permitted by the Senate Majority Leader, no staff shall be allowed on the Senate floor, except in the majority or minority lounge or the lounge at the rear of the Chamber unless the staff is requested by a Senator and then only if seated at a Senator’s desk.

11) Photography or videography from the Senate floor for any political purposes is not allowed.

12) No member of the media shall be allowed on the Senate floor unless he or she is in the media’s designated area, except as otherwise provided in Senate Rule 3.901.

13) No smoking shall be permitted on the Senate floor.

14) All individual electronic devices shall be turned off or on non-audible alert during Senate session.

15) Except as otherwise permitted by the Senate Majority Leader, no person may film, video, webcast, or otherwise record the Senate during session from the rostrum.

3.903 SENATE GALLERY

The public in the gallery may take photographs and video of the Senate proceedings but should do so while seated and not impede on others’ access or egress in the gallery. This provision applies to any media in the gallery.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Lauwers moved that the rule be suspended.

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

The resolution was adopted, a majority of the members serving voting therefor.

 

 

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

Senate Concurrent Resolution No. 1

The motion prevailed.

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. 1                                              Yeas—19

 

 

Barrett                               Johnson                   Outman                                  Theis

Bizon                                Lauwers                  Runestad                                VanderWall

Bumstead                          MacDonald              Schmidt                                 Victory

Daley                                McBroom                Shirkey                                  Zorn

Horn                                 Nesbitt                     Stamas                                  

 

 

                                                                     Nays—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel Jr.                  McMorrow                             Wojno

 

 

                                                                   Excused—1

 

 

LaSata                                                                                                            

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator Lauwers offered the following concurrent resolution:

Senate Concurrent Resolution No. 1.

A concurrent resolution granting authority for adjournment for more than 2 days.

Resolved by the Senate (the House of Representatives concurring), That each house hereby grants unto the other permission to adjourn for not more than 15 intervening calendar days at such times as each house shall determine at any time during the 2021 and 2022 regular sessions.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Lauwers moved that the rule be suspended.

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

The concurrent resolution was adopted.

Senator Bayer was named co-sponsor of the resolution.

 

 

Senator Lauwers offered the following concurrent resolution:

Senate Concurrent Resolution No. 2.

A concurrent resolution for the adoption of the Joint Rules of the Senate and House of Representatives.

Resolved by the Senate (the House of Representatives concurring), That the following rules be and are hereby adopted as the Joint Rules of the Senate and House of Representatives:

JOINT RULES OF THE

HOUSE OF REPRESENTATIVES AND SENATE

Transmission of Messages.

Rule 1. All messages necessary for conducting legislative business between the two houses shall be communicated in writing and electronically by the Secretary of the Senate and the Clerk of the House of Representatives.

Amendments.

Rule 2. It shall be in the power of either house to amend an amendment made by the other to any bill or resolution.

Conference Committees.

Rule 3. (a) The house not concurring in the amendments of the other house shall appoint conferees and notify the amending house of its action through written communication. The amending house shall request return of the bill or resolution or appoint conferees. The conference committee shall consist of three members from each house, to be appointed as each house may determine. The first named member of the house in which the bill or resolution originated shall be chairperson of the conference committee. Upon appointment of conferees by both houses, the bill or resolution shall be referred to the conference committee. When one house amends or substitutes a bill that has been returned for concurrence from the other house, but then non‑concurs in that bill as amended or substituted, those amendments or that substitute shall not be referred to the conference committee. The conference committee shall serve until the conference report has been adopted by both houses or rejected by a house.

(b) The conference committee shall consist of committees of the two houses with those two committees voting separately while in conference. The adoption of a conference report shall require concurring majorities of the members of each house. The conference committees of the two houses shall vote separately while in conference. The majority of each committee shall constitute a quorum of each committee and shall determine the position to be taken toward the propositions of the conference committee. If the conferees agree, a report shall be made which shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report and three copies, shall be filed in the house of origin where the question shall be on the adoption of the conference report. If the conference report is adopted in the house of origin, the bill or resolution, including the original signed conference report, and two copies of the conference report shall be transmitted to the other house where the question shall be on the adoption of the conference report. If the conference report is adopted in the other house, the bill or resolution and the original signed copy of the conference report shall be returned to the house of origin and referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

Conference Committee Clerk.

Rule 4. The conference committee clerk shall be from the house of origin, who shall notify the Secretary of the Senate and the Clerk of the House of Representatives of all scheduled meetings for public posting and shall deliver written notice to each member of the conference committee and the majority and minority leaders of each house indicating the time and place of all scheduled meetings. Conference committees on appropriation bills may use fiscal agency personnel from the same house as the Chairperson for clerks.

Conference Report: Rejection.

Rule 5. If the conference report is rejected by the house of origin, it shall appoint second conferees and notify the other house of its action. The procedure shall then be the same as for an original conference.

If the conference report is rejected by the other house, it shall appoint second conferees, notify the house of origin of its action, and transmit the bill or resolution to the house of origin. Upon receipt of the bill or resolution, the house of origin shall appoint second conferees and refer the bill or resolution to the second conference committee. The procedure shall then be the same as for an original conference.

Disagreement of Conferees.

Rule 6. If the conferees are unable to agree, a report of that fact shall be made to both houses. The report, that the conferees were unable to agree, shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report that the conferees were unable to agree, and three copies shall be filed in the house of origin. Both houses shall appoint second conferees, and the house of origin shall refer the bill or resolution to the second conference committee. The procedure shall then be the same as for an original conference.

Second Conference: Failure.

Rule 7. When a second conference committee fails to reach agreement, or when a second conference report is rejected by either house, no further conference is in order.

Power of Conferees.

Rule 8. The conference committee shall not consider any matters other than the matters of difference between the two houses.

For all bills making appropriations, adoption of a substitute by either house shall not open identical provisions contained in the other house-passed version of the bill as a matter of difference; nor shall the adoption of a substitute by either house open provisions not contained in either house version of the bill as a matter of difference.

When the conferees arrive at an agreement on the matters of difference that affects other parts of the bill or resolution, the conferees may recommend amendments to conform with the agreement. In addition, the conferees may also recommend technical amendments to the other parts of the bill or resolution, such as, necessary date revisions, adjusting totals, cross-references, misspelling and punctuation corrections, conflict amendments for bills enacted into law, additional anticipated federal or other flow through funding, and corrections to any errors in the bill or resolution or the title.

Adoption of Conference Report.

Rule 9. Conference reports shall not be subject to amendments or division. The vote on conference reports shall be taken by “yeas” and “nays” and shall require the same number of votes constitutionally required for passage of the bill or adoption of the resolution. Conference reports shall not be considered until printed in the Journal. The Journal printing requirement may be suspended by a house by a majority vote in that house, provided that a copy of the conference report has been made available to each Member.

Conference Reports: Points of Order.

Rule 10. Points of order regarding conference reports shall be decided by the presiding officer, subject to an appeal, which appeal shall be determined by a majority vote. When a conference report is ruled out of order, the conference report is returned to the originating conference committee with instructions to eliminate from the report such matters as have been declared not within the powers of the conferees to consider.

Either House May Recede.

Rule 11. At any time while in possession of the bill or resolution, either house may recede from its position in whole or in part, and the bill or resolution upon request may be returned to the other house for that purpose. If this further action is agreed to by both houses, the bill or resolution shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

Correction of Errors.

Rule 12. If errors are found in a bill or resolution which has been passed or adopted by both houses, the house in which the bill or resolution originated may make amendments to correct the errors and shall notify the other house of its action. If the corrective amendments are agreed to by the other house, the corrected bill or resolution shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

In addition, the Secretary of the Senate and Clerk of the House of Representatives, as the case may be, shall correct obvious technical errors in the enrolled bill or resolution, including adjusting totals, misspellings, the omission or redundancy of grammatical articles, cross-references, punctuation, updating bill or resolution titles, capitalization, citation formats, and plural or singular word forms.

Bills and Joint Resolutions.

Rule 13. Upon introduction, no bill shall include catch lines, a severing clause, or a general repealing clause, as distinguished from a specific or an express repealing clause. The Secretary of the Senate and the Clerk of the House of Representatives shall delete such catch lines and clauses from all bills.

The same joint resolution shall not propose an amendment to the Constitution on more than one subject matter. However, more than one section of the Constitution may be included in the same joint resolution if the subject matter of each section is germane to the proposed amendment.

Yeas and Nays.

Rule 14. The yeas and nays shall be taken and printed in the Journal of the house taking action upon the passage or adoption of any bill, joint resolution, conference report, and amendments made by the other house to a bill or joint resolution.

No Members Present.

Rule 15. In the event the presiding officer and all members are absent on a day scheduled for meeting, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall call that house to order at the designated time and announce the absence of a quorum. That house shall be declared adjourned until the succeeding legislative day and hour previously designated.

In any event where either or both houses of the Legislature adjourns to a date certain for more than two days, the Majority Leader of the Senate and the Speaker of the House of Representatives may, by a unanimous agreement, convene either or both houses of the Legislature at any time in case of emergency.

If a gubernatorial appointment that is subject to the advice and consent process is made at a time such that 60 days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s constitutional duties to advise and consent on gubernatorial appointments. No other action shall be taken by the Senate during session convened under this provision. The Senate Majority Leader shall notify the Secretary of the Senate at least 10 calendar days prior to the date of the scheduled session, and the Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session.

Passage, Adoption, and Enrollment Printing.

Rule 16. Every bill passed or joint resolution adopted by both houses and returned to the house of origin shall forthwith be enrolled and signed by the Secretary of the Senate and the Clerk of the House of Representatives. Enrolled bills shall be presented to the Governor, and enrolled joint resolutions that propose an amendment to the Constitution shall be filed with the Secretary of State with a certificate attached to the effect that the joint resolution has been adopted by the Senate and House of Representatives, respectively, in accordance with the provisions of the Constitution. If the house having last passed the bill or adopted the joint resolution requests its return and such request is granted or a motion is made in the house of origin to amend errors in the bill or joint resolution or to give the bill immediate effect, the enrollment printing shall not occur.

Every bill, joint resolution, and concurrent resolution passed or adopted by either house shall be transmitted to the other house unless a motion for reconsideration is pending.

Immediate Effect.

Rule 17. Whenever both houses, by the constitutional vote, order that a bill take immediate effect, a statement shall be added at the enrollment of the bill in words to this effect: “This act is ordered to take immediate effect.”

Joint Resolutions.

Rule 18. Joint resolutions shall be used for the following purposes:

1.  Amendments to the Constitution of Michigan.

2.  Ratification of amendments to the Constitution of the United States submitted by the Congress.

3.  Matters upon which power is solely vested in the Legislatures of the several states by the Constitution of the United States.

Joint resolutions proposing amendments to the Constitution of Michigan shall require a 2/3 vote of the members elected and serving in each house for adoption. Other joint resolutions shall require a majority of the members elected and serving in each house for adoption. All joint resolutions shall require a record roll call vote.

Veto Override: Filing with Secretary of State.

Rule 19. When a bill is passed by both houses over the objections of the Governor or a bill is not filed by the Governor with the Secretary of State within the constitutionally mandated 14-day period, and the Legislature continues in session, an official enrolled bill with a letter from the house of origin signed by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, shall be filed with the Secretary of State for a public act number to be assigned. The letter shall certify that the Governor’s veto has been overridden by both houses of the Legislature or that the bill has not been returned within the specified time, as the case may be, in accordance with the provisions of the Constitution.

Section Numbers of Compiled Laws - Amendments.

Rule 20. The title of every bill to amend or repeal existing laws shall be clear and explicit so as to definitely fix what is proposed to be done. Such title shall refer to the act number and the year in which it was passed. If the bill was passed at an extra session of the Legislature, the title shall designate which extra session.

Such title shall contain the last title of the act it is proposed to amend. However, the short title (e.g., This act shall be known and may be cited as “The revised judicature act of 1961,”) shall be used in acts where it has been defined by legislative enactment. The title shall also contain the chapter, part numbers and compiler’s section numbers, if any, and the year of the compilation containing the same.

Following the passage of a bill with a short title, the house other than the house of origin shall replace the short title with the last full title of the act it is proposed to amend or repeal. Other corrective amendments to the title shall be made as may be necessary. The full title and amended title shall be agreed to by both houses.

When an amendment to a bill or a bill to amend an existing law is printed, words proposed to be added to such law shall be printed in upper case bold type, and the words to be omitted shall be printed in stricken‑through type. This style requirement also applies to joint resolutions that amend the Constitution of Michigan.

All bills and joint resolutions introduced, amendments to joint resolutions, substitute bills and joint resolutions, and conference committee reports shall be approved as to form and section numbers by the Legislative Service Bureau.

Tie-bars.

Rule 21. A bill or resolution that is tie-barred to a request number shall not be considered for passage or adoption unless that tie-barred request item has been introduced. No bill or resolution shall be passed or adopted by either house until the tie-barred item has been designated in the appropriate blank space provided.

Elections in Joint Convention.

Rule 22. Whenever there is an election of any officer in joint convention, the result shall be certified by the President of the Senate and the Speaker of the House of Representatives. The results shall be announced by the presiding officers to their respective houses, printed in the Journal of each house, and communicated to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives.

Legislative Handbook.

Rule 23. The initial appointment of the standing committee members of the two houses shall be printed in their respective Journals as soon as possible after the announcement. The Secretary of the Senate and the Clerk of the House of Representatives shall prepare and have printed a legislative handbook containing these appointments and other information they deem appropriate.

Compensation.

Rule 24. Compensation for members, officers, and employees of the Legislature shall be delivered to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and transmitted directly to the payee.

If the office of a member of the Legislature becomes vacant, the compensation for the elected successor shall begin on the date of his or her oath of office.

Committee Expenses.

Rule 25. No committee created by concurrent resolution shall incur expenses in excess of $2,500.00 unless authorized in the resolution creating that committee.

Final Adjournment of Regular Sessions.

Rule 26. In the regular session in each year, this rule for adjournment shall govern.

The Majority Floor Leader of the Senate and/or the Majority Floor Leader of the House of Representatives shall introduce a concurrent resolution providing for an adjournment schedule for the Legislature for that regular session.

Daily Adjournment.

Rule 27. Neither house shall remain in session on any legislative day beyond 12:00 midnight. If either house is in session at 12:00 midnight, the presiding officer shall declare that house adjourned until a fixed hour for meeting on the next legislative day. That house shall stand adjourned until the next fixed meeting time.

Pending Business.

Rule 28. Any business, bill, or joint resolution which has not been defeated by either house shall be considered pending under the provisions of Article 4, Section 13 of the Constitution.

It shall not be in order for either house, by suspension of rules or any other means, to reconsider in a subsequent year the vote by which any business, bill, joint resolution, or veto override was defeated in a previous year unless there is a pending motion to reconsider offered in the odd-numbered year.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Lauwers moved that the rule be suspended.

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

The concurrent resolution was adopted, a majority of the members serving voting therefor.

Senator Bayer was named co-sponsor of the resolution.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

The following communication was received and read:

Office of the Senate Majority Leader

January 13, 2021

Pursuant to Senate Rule 1.104 I hereby submit the following names for vacancies in Republican Leadership:

Majority Floor Leader: Senator Dan Lauwers

Assistant Majority Floor Leader: Senator Kim LaSata

Majority Caucus Whip: Senator John Bizon

Assistant Majority Caucus Whip: Senator Roger Victory

If you have any questions regarding this matter, please do not hesitate to contact me.

                                                                                       Sincerely,

                                                                                       Mike Shirkey

                                                                                       Senate Majority Leader

                                                                                       Michigan’s 16th Senate District

The communication was referred to the Secretary for record.

 

The following communication was received and read:

Office of the Senate Majority Leader

January 13, 2021

Pursuant to Senate Rule 1.105, I hereby announce the following appointments of Senators to standing committees for this, the 101st Legislature:

Advice and Consent: Sen. Nesbitt (Chair), Sen. Bumstead (Vice Chair), Sen. McBroom, Sen. Hertel (Minority Vice Chair).

Agriculture: Sen. Daley (Chair), Sen. Victory (Vice Chair), Sen. Lauwers, Sen. Polehanki (Minority Vice Chair), Sen. Brinks.

Appropriations: Sen. Stamas (Chair), Sen. Bumstead (Vice Chair), Sen. Barrett, Sen. Bizon, Sen. LaSata, Sen. MacDonald, Sen. Nesbitt, Sen. Outman, Sen. Runestad, Sen. Schmidt, Sen. Victory, Sen. Daley, Sen. Hertel (Minority Vice Chair), Sen. Bayer, Sen. Hollier, Sen. Irwin, Sen. McCann, Sen. Santana.

Economic and Small Business Development: Sen. Horn (Chair), Sen. VanderWall (Vice Chair), Sen. Lauwers, Sen. Schmidt, Sen. LaSata, Sen. MacDonald, Sen. McMorrow (Minority Vice Chair), Sen. Geiss, Sen. Moss.

Education and Career Readiness: Sen. Theis (Chair), Sen. Horn (Vice Chair), Sen. Runestad, Sen. Daley, Sen. Polehanki (Minority Vice Chair), Sen. Geiss.

Elections: Sen. Johnson (Chair), Sen. McBroom (Vice Chair), Sen. VanderWall, Sen. Wojno (Minority Vice Chair).

Energy and Technology: Sen. Lauwers (Chair), Sen. Horn (Vice Chair), Sen. LaSata, Sen. Nesbitt, Sen. Barrett, Sen. Bumstead, Sen. Bizon, Sen. Schmidt, Sen. McCann (Minority Vice Chair), Sen. Brinks, Sen. McMorrow, Sen. Bullock.

Environmental Quality: Sen. Outman (Chair), Sen. Daley (Vice Chair), Sen. Johnson, Sen. VanderWall, Sen. McBroom, Sen. Bayer (Minority Vice Chair), Sen. Brinks.

Families, Seniors, and Veterans: Sen. Bizon (Chair), Sen. Barrett (Vice Chair), Sen. Runestad, Sen. Johnson, Sen. Zorn, Sen. Bullock (Minority Vice Chair), Sen. Alexander.

Finance: Sen. Runestad (Chair), Sen. Nesbitt (Vice Chair), Sen. Daley, Sen. Bumstead, Sen. VanderWall, Sen. Chang (Minority Vice Chair), Sen. Alexander.

Government Operations: Sen. Shirkey (Chair), Sen. Lauwers (Vice Chair), Sen. Nesbitt, Sen. Ananich (Minority Vice Chair), Sen. Chang.

Health Policy and Human Services: Sen. VanderWall (Chair), Sen. Bizon (Vice Chair), Sen. Johnson, Sen. LaSata, Sen. MacDonald, Sen. Theis, Sen. Brinks (Minority Vice Chair), Sen. Hertel, Sen. Santana, Sen. Wojno.

Insurance and Banking: Sen. Theis (Chair), Sen. Lauwers (Vice Chair), Sen. LaSata, Sen. Nesbitt, Sen. Barrett, Sen. Horn, Sen. Geiss (Minority Vice Chair) Sen. Bullock, Sen. McMorrow.

JCAR: Sen. Bumstead (Chair), Sen. McBroom (Vice Chair), Sen. Theis, Sen. Hollier (Minority Vice Chair), Sen. Irwin.

Judiciary and Public Safety: Sen. Victory (Chair), Sen. VanderWall (Vice Chair), Sen. Barrett, Sen. Johnson, Sen. Runestad, Sen. Chang (Minority Vice Chair), Sen. Irwin.

Local Government: Sen. Zorn (Chair), Sen. Johnson (Vice Chair), Sen. Daley, Sen. Alexander (Minority Vice Chair), Sen. Moss.

Natural Resources: Sen. McBroom (Chair), Sen. Bumstead (Vice Chair), Sen. Outman, Sen. Schmidt, Sen. McCann (Minority Vice Chair).

Oversight: Sen. McBroom (Chair), Sen. Theis (Vice Chair), Sen. Bizon, Sen. Irwin (Minority Vice Chair).

Regulatory Reform: Sen. Nesbitt (Chair), Sen. Theis (Vice Chair), Sen. Johnson, Sen. Lauwers, Sen. VanderWall, Sen. Zorn, Sen. Moss (Minority Vice Chair), Sen. Polehanki, Sen. Wojno.

Transportation and Infrastructure: Sen. Barrett (Chair), Sen. LaSata (Vice Chair), Sen. McBroom, Sen. Victory, Sen. Outman, Sen. Lauwers, Sen. Geiss (Minority Vice Chair), Sen. Bullock, Sen. Hollier.

If you have any questions regarding this matter, please 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.

 

 

The following communications were received and read:

Office of the Auditor General

December 18, 2020

Enclosed is a copy of the following report:

•    Performance audit on the Child Care Fund, Michigan Department of Health and Human Services (431‑1400-19).

 

December 29, 2020

Enclosed is a copy of the following report:

•    Office of the Auditor General 2020 Annual Report.

January 8, 2021

Enclosed is a copy of the following reports:

•    Follow-up report of State Treasury Accounts Receivable System, Department of Treasury and Department of Technology, Management, and Budget (271-0590-13F).

•    Performance audit on the State Child Abuse and Neglect Prevention Board (Children’s Trust Fund), Michigan Department of Health and Human Services (431-0178-20).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit reports were referred to the Committee on Oversight.

 

 

The following communications were received:

Department of State

 

Administrative Rules

Notices of Filing

 

April 2, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #20-204-HS (Secretary of State Filing #20-04-01) on this date at 4:41 p.m. for the Department of Health and Human Services entitled, “Creating a Schedule of Fines for Violation of April 1, 2020 Emergency Order Regarding Executive Orders 2020-11, 2020-20, and 2020-21.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

April 6, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-033-LR (Secretary of State Filing #20‑04-02) on this date at 11:23 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Nursing.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

April 13, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-033-AC (Secretary of State Filing #20‑04-03) on this date at 9:41 a.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 629; Seed Potato Certification Requirements.”

These rules take effect on January 1, 2021.

 

April 13, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-116-LE (Secretary of State Filing #20‑04-04) on this date at 1:23 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Standard Part 39 Hearing Procedures.”

These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

May 18, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #20-205-HS (Secretary of State Filing #20-05-01) on this date at 1:04 p.m. for the Department of Health and Human Services entitled, “Emergency Rule Amending R 325.9031 - Adding COVID-19 to Definition Section of ‘Infectious Agents’.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

May 20, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #19-046-HS (Secretary of State Filing #20‑05‑02) on this date at 1:03 p.m. for the Department of Health and Human Services entitled, “Child Care Fund.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

May 20, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-032-ED (Secretary of State Filing #20‑05-03) on this date at 2:09 p.m. for the Department of Education entitled, “Special Education Programs and Services.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

May 20, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #20-021-HS (Secretary of State Filing #20‑05‑04) on this date at 3:03 p.m. for the Department of Health and Human Services entitled, “Child Care Institutions.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

May 28, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #20-206-HS (Secretary of State Filing #20-05-07) on this date at 12:58 p.m. for the Department of Health and Human Services entitled, “Amended: Creating a Schedule of Fines for Violation of May 27, 2020 Emergency Order Regarding Executive Order Numbers 2020-69, 2020-71, 2020-96, and 2020-97.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

June 2, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #20-022-HS (Secretary of State Filing #20‑06‑01) on this date at 11:51 a.m. for the Department of Health and Human Services entitled, “Juvenile Court Operated Facilities.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-029-IF (Secretary of State Filing #20‑06-02) on this date at 11:19 a.m. for the Department of Insurance and Financial Services entitled, “Regulatory Loan Licensees.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-112-LE (Secretary of State Filing #20‑06-03) on this date at 12:14 p.m. for the Department of Labor and Economic Opportunity entitled, “Part 632. Hazardous Waste Operations and Emergency Response in Construction.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-113-LE (Secretary of State Filing #20‑06-04) on this date at 1:24 p.m. for the Department of Labor and Economic Opportunity entitled, “Part 640. Beryllium in Construction.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-067-LR (Secretary of State Filing #20‑06-05) on this date at 7:59 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Licenses.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-068-LR (Secretary of State Filing #20‑06-06) on this date at 8:04 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Licensees.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-069-LR (Secretary of State Filing #20‑06-07) on this date at 8:10 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Operations.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-070-LR (Secretary of State Filing #20‑06-08) on this date at 8:16 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Sampling and Testing.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-071-LR (Secretary of State Filing #20‑06-09) on this date at 8:21 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Infused Products and Edible Marihuana Product.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-072-LR (Secretary of State Filing #20‑06-10) on this date at 8:31 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Sale or Transfer.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-073-LR (Secretary of State Filing  #20‑06-11) on this date at 8:35 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Employees.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-074-LR (Secretary of State Filing #20‑06-12) on this date at 8:41 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Hearings.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-075-LR (Secretary of State Filing #20‑06-13) on this date at 8:43 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Marihuana Disciplinary Proceedings.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-088-LR (Secretary of State Filing #20‑06-14) on this date at 8:48 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Industrial Hemp Rules for Marihuana Businesses.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

June 22, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-123-LR (Secretary of State Filing #20‑06-15) on this date at 8:52 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Medical Marihuana Facilities.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

July 16, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #20-208-HS (Secretary of State Filing #20-07-02) on this date at 10:30 a.m. for the Department of Health and Human Services entitled, “Prohibition of Prone Restraint; Procedures Involving Other Restraints in Child Caring Institutions.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

July 23, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-044-LR (Secretary of State Filing #20‑07-03) on this date at 3:29 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Professional Surveyors - General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

July 27, 2020

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2019-035-EQ (Secretary of State Filing #20-07-04) on this date at 10:31 a.m. for the Department of Environment, Great Lakes, and Energy entitled, “Supplying Water to the Public.”

These rules take effect 7 days after filing with the Secretary of State.

 

July 27, 2020

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2019-012-EQ (Secretary of State Filing #20-07-05) on this date at 11:21 a.m. for the Department of Environment, Great Lakes, and Energy entitled, “Hazardous Waste Materials.”

These rules take effect 7 days after filing with the Secretary of State.

 

July 28, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-014-LR (Secretary of State Filing #20‑07-06) on this date at 1:15 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Procedural Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 3, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-032-IF (Secretary of State Filing #20‑09-01) on this date at 12:44 p.m. for the Department of Insurance and Financial Services entitled, “Debt Management.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 3, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-061-LR (Secretary of State Filing #20‑09-02) on this date at 1:26 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Technical Standards for Gas Service.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 3, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-059-LR (Secretary of State Filing #20‑09-03) on this date at 1:42 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Substance Use Disorders Service Program.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 14, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2020-209-AC (Secretary of State Filing #20-09-04) on this date at 9:01 a.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 637. Pesticide Use Emergency Rule Amending Rule 11, R 285.637.11.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

September 28, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-040-LE (Secretary of State Filing #20‑09-05) on this date at 10:45 a.m. for the Department of Labor and Economic Opportunity entitled, “Ionizing Radiation Rules Governing the Use of Radiation Machines.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-085-ED (Secretary of State Filing #20‑10-01) on this date at 1:53 p.m. for the Department of Education entitled, “Teacher Certification Code.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-086-ED (Secretary of State Filing #20‑10-02) on this date at 1:53 p.m. for the Department of Education entitled, “School Administrator Certification Code.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-087-ED (Secretary of State Filing #20‑10-03) on this date at 1:53 p.m. for the Department of Education entitled, “School Psychologist Certification Code.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 8, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2020-088-ED (Secretary of State Filing #20‑10-04) on this date at 1:53 p.m. for the Department of Education entitled, “Certification and Licensure of School Counselors.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 14, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2020-213-LE (Secretary of State Filing #20-10-05) on this date at 4:15 p.m. for the Department of Labor and Economic Opportunity entitled, “General Rules, Emergency Rules, Coronavirus Disease 2019 (COVID-19).”

These rules take effect immediately upon filing with the Secretary of State and shall remain in effect for 6 months.

 

October 16, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2020-210-LR (Secretary of State Filing #20-10-06) on this date at 9:11 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Emergency Rule Amending Rule 101, R 792.10101.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

October 16, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2020-211-LE (Secretary of State Filing #20-10-07) on this date at 9:12 a.m. for the Department of Labor and Economic Opportunity entitled, “Workers’ Disability Compensation Agency - General Rules, Emergency Rules.”

These rules take effect immediately upon filing with the Secretary of State and shall remain in effect for 6 months.

October 20, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #20-212-HS (Secretary of State Filing #20-10-08) on this date at 11:39 a.m. for the Department of Health and Human Services entitled, “Creating A Schedule of Fines for Violation of EOs Under MCL 333.2253.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

October 20, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #20-101-HS (Secretary of State Filing #20‑10‑09) on this date at 11:39 a.m. for the Department of Health and Human Services entitled, “Juvenile Court-Operated Facilities.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.33, 24.244, or 24.245a.

 

November 5, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2020-214-AC (Secretary of State Filing #20-11-01) on this date at 1:29 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 636. Pesticide Applicators - Emergency Rule Amending Rule 7, R 285.636.7.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

                                                                                     Sincerely,

                                                                                     Jocelyn Benson

                                                                                     Secretary of State

                                                                                     Melissa Malerman, Departmental Supervisor

                                                                                     Office of the Great Seal

The communications were referred to the Secretary for record.

 

 

The Senate Business Office submits, pursuant to Senate Rule 1.208, the following report on out-of-state travel by members on Legislative business for the quarter ended December 31, 2020:

 

Senator Ed McBroom             November 1         Radio Interview                                     $    127.65

                                                                         Minocqua, Wis.                                      

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Barrett introduced

Senate Joint Resolution A, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to revise the permissible uses for the state school aid fund.

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

 

 

Senator Barrett introduced

Senate Joint Resolution B, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to require that all local school districts receive the same amount of total state and local per pupil revenue for school operating purposes.

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

Senator Theis introduced

Senate Bill No. 1, 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 bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Wojno introduced

Senate Bill No. 2, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2020 PA 229.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senator Wojno introduced

Senate Bill No. 3, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

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

 

 

Senator Wojno introduced

Senate Bill No. 4, entitled

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,” by amending section 11 (MCL 247.661), as amended by 2015 PA 175.

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

 

 

Senator Wojno introduced

Senate Bill No. 5, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 7 and 12 (MCL 28.457 and 28.462), section 7 as amended by 2018 PA 635 and section 12 as amended by 2019 PA 138.

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

Senator Wojno introduced

Senate Bill No. 6, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16105 and 16106 (MCL 333.16105 and 333.16106), as amended by 2002 PA 643.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator Wojno introduced

Senate Bill No. 7, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16279.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator Wojno introduced

Senate Bill No. 8, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 18a.

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

 

 

Senator Wojno introduced

Senate Bill No. 9, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2012 PA 523.

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

 

 

Senator Theis introduced

Senate Bill No. 10, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 8 (MCL 15.268), as amended by 2018 PA 467.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors, and Veterans.

 

 

Senator Theis introduced

Senate Bill No. 11, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b and 5l (MCL 28.425b and 28.425l), as amended by 2017 PA 95.

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

 

 

Senator Zorn introduced

Senate Bill No. 12, entitled

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 bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

Senator Zorn introduced

Senate Bill No. 13, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 280.

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

 

 

Senator Zorn introduced

Senate Bill No. 14, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 317a (MCL 750.317a), as added by 2005 PA 167.

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

 

 

Senator Zorn introduced

Senate Bill No. 15, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 5a to chapter II.

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

 

 

Senator Zorn introduced

Senate Bill No. 16, entitled

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

 

 

Senator Zorn introduced

Senate Bill No. 17, entitled

A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 2011 PA 106.

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

 

 

Senator Zorn introduced

Senate Bill No. 18, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17801 (MCL 333.17801), as amended by 2009 PA 55, and by adding sections 16188, 17820a, and 17820b.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator Zorn introduced

Senate Bill No. 19, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20955.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator Zorn introduced

Senate Bill No. 20, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2016 PA 319.

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

Senator Runestad introduced

Senate Bill No. 21, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383, and by adding section 6b.

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

 

 

Senator Runestad introduced

Senate Bill No. 22, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 24f and 36 (MCL 211.24f and 211.36), section 24f as amended by 2000 PA 244 and section 36 as amended by 1997 PA 138.

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

 

 

Senator Runestad introduced

Senate Bill No. 23, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 312, 641, and 821 (MCL 168.312, 168.641, and 168.821), section 312 as amended by 2013 PA 253, section 641 as amended by 2015 PA 197, and section 821 as amended by 2018 PA 614.

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

 

 

Senator Barrett introduced

Senate Bill No. 24, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

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

 

 

Senator Barrett introduced

Senate Bill No. 25, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

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

 

 

Senator Stamas introduced

Senate Bill No. 26, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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

 

 

Senator Stamas introduced

Senate Bill No. 27, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

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

 

 

Senator Stamas introduced

Senate Bill No. 28, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2020 and September 30, 2021; and to provide for the expenditure of the appropriations.

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

Senator Stamas introduced

Senate Bill No. 29, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2020 PA 165 and section 17b as amended by 2007 PA 137.

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

 

 

Statements

 

 

Senators Polehanki, McMorrow, Hollier, Bayer, Geiss, McCann, Ananich and Horn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Polehanki’s statement is as follows:

Today I rise to once again ask for your co-sponsorship as the Senator from the 12th District and I reintroduce our bills from last session to ban all guns from the Michigan Capitol.

Seven days ago, the United States Capitol was breached by American insurrectionists, shaking every patriotic American to our core. Three days ago, the Michigan Capitol Commission abdicated its duty to keep us safe in this building by voting to ban the open carry of guns only—though it was within their legal authority to ban all guns, as the Michigan Attorney General and the Commission’s own counsel confirmed, after the April 30 storming of these chambers by armed men. To be clear, the ban of open carry only is not a step in the right direction. It’s not a good first start. It’s a half-measure that avails us nothing because it creates a false sense of security—the illusion that Senators, staff, journalists, and visitors are safe in this Capitol. The reality is that guns are still welcome in this building as long as we don’t see them. This half‑measure could very well get someone killed. Since the Capitol Commission has made clear that they will not vote to keep people safe, it’s up to us to do it.

James Madison wrote in Federalist No. 63, that Senators should be “temperate and respectable,” standing for “reason, justice, and truth” in the face of the people’s “errors and delusions.” We are Senators. It is up to us to rise to our Founding Fathers’ vision of us and in this case, the temperate and reasonable thing to do is to come together to potentially save Michiganders’ lives by banning all guns from these hallowed halls.

So, I ask—no, I beg—that you co-sponsor my bill to ban guns from the Michigan Capitol before tragedy happens.

 

Senator McMorrow’s statement is as follows:

In 2008 during a presidential campaign townhall with John McCain, a woman said, “I can’t trust Obama. I have read about him and he’s not, um, he’s an Arab.” Immediately McCain took the mic away from this woman and said, “No, ma’am, he’s a decent family man and a citizen that I just happen to have disagreements with on fundamental issues.” We need to operate from a place of truth. We have to tell the truth. The events of the past week have been horrifying to watch. Absolutely horrifying. This is not a political difference. This is not about Republicans versus Democrats. This is about the United States versus domestic terrorists. And we had both Mitch McConnell and Mitt Romney saying the same thing. It’s over. We have to tell the truth.

Last week was an incredibly dark day in our country. We saw broken windows. We saw people wipe feces on the floor of our United States Capitol. We saw people stealing property. But what terrified me and shakes me to my core is seeing the gallows that were built outside of the U.S. Capitol; is seeing men who clearly had a plan, who had plans of the building. We’re learning more and more every single day about people who had planned this attack, who went in with zip-ties, who were planning on taking hostages, and it’s very clear that it could have been so much worse. And it all began with this idea that the election was stolen.

Later in the afternoon when the President finally, finally put out a statement via video, the first words out of his mouth were, “The election was stolen.” It is a lie. And let’s call it what it is. It’s a lie that’s based in conspiracy theories that center around QAnon, among other things. So let’s just rip the door open and talk about what that means. Because if we validate that lie—if we say that the election was stolen—then it validates the reality for people that the government is actually run by a Satanist cabal of pedophiles, that Donald Trump is the only one who is sent from God to stop that, and that the election is stolen from him. That is the reality that many of these people operate in. They don’t care. They don’t care if we’re Democrats or Republicans. They will overthrow the government to save Donald Trump because they believe they are saving children. And if we validate the lie that the election was stolen despite more than 60 lawsuits, despite every election official, despite canvasses and audits and every physical point of evidence pointing to the truth, which is that at the top of the ballot Joe Biden and Kamala Harris won the presidency and down ballot many Democrats lost their seat—that’s how elections work.

We have to tell the truth. And if we don’t I am very worried about what this means for the future of our country and of our state. Because people who believe in this reality have already tried to do so much worse. A man believing that there was a ring of children in the basement of a pizza parlor broke in and opened fire. Another man had a standoff at the Hoover Dam. This week at the Capitol, a Capitol Police Officer was bludgeoned to death. Five people are dead. We have to tell the truth. As we go into a new year we can disagree on policy, we can disagree on how we tax citizens and how that money is spent, we can disagree on how we respond to COVID-19, but if we do not start with the basic reality of what is true and what is not and tell people the truth—it’s a nice republic, “if you can keep it” and it is on all of us to do our duty to keep it.

 

Senator Hollier’s statement is as follows:

I ask you to support my resolution—Senate Resolution No. 3—that does three very simple things. First, it says that we condemn as a body the violence and terrorism that occurred at the Capitol, which I imagine we all do. Second, it affirms that Joe Biden was elected President, which I know we all accept. Third, it says that the riots and insurrection and all the things that happened at the Capitol were based in part on falsities, rumors, and conspiracy theories that started in Michigan, that started in Detroit, where people said that ballots should be stopped counting, that they said the election was stolen. It’s simple.

Why is this relevant in Michigan? Because the conspiracies and lies started in Michigan. They started saying this election was stolen here. It wasn’t, and we know that. Should we do all the things we can to fix our elections to deal with making sure that they are more secure and that every vote is counted? Yes, and we absolutely should do that. Right now, we need to come together as one body and say very simply that this is unacceptable. It is unacceptable to continue to undermine our elections. It’s unacceptable to try and disenfranchise.

In an incredibly rare statement, the Chairman of the Joint Chiefs of Staff called on every soldier and every veteran to remember their oath, to recognize that there will be an orderly transition of power, to recognize that Joe Biden was elected the 46th President, and that they have an obligation not to spread conspiracy theories about who did not win. It’s simple. That’s all I ask our body to do.

Mr. President, I ask that my remarks be printed in the Journal and that all my colleagues support this resolution.

 

Senator Bayer’s statement is as follows:

Two years ago on the first day of the 100th Michigan Legislature, I came here and I sat down at my desk just humbled and honored to be here and be a part of this, to be able to work with my caucus and to work with my colleagues across the aisle to solve problems for the people of my district and for the people of Michigan. You see, I’m not a long-term politician; I’m an engineer. For over 30 years, I worked in an environment where everybody worked together to solve problems. It didn’t matter what party we belonged to, we used facts and science and we co-created solutions that worked for everyone.

Today on the first day of the 101st Michigan Legislature, while I’m still deeply humbled and honored to be serving the people of District 12 and this state, I am less optimistic about working with my colleagues across the aisle. I’m actually greatly disappointed and even disturbed at the anti-science and anti-fact coalition in the U.S. Congress as well as right here in this body. It appears that to score political points or to advance careers, Members of Congress—even some members of this Senate—will promote and disseminate lies. It has put us all at risk. It has put our staffs at risk, and as we have seen recently, it has put our very democracy at risk. Of course last week we had domestic terrorists attack our Capitol causing destruction and the deaths of five people. Recently, this week we’ve been warned by law enforcement that our own Capitol is at risk of a terrorist attack. In fact, the Michigan Attorney General has said, and I quote, “Michigan is ground-zero for those wishing to take over a state government. The Michigan Capitol is not safe.”

What have we done? Not much. I have my bulletproof vest—a few of us have vests—and I have told my staff to stay home, work at home, don’t come here, it’s not safe. On Monday in nothing more than a political shell game, the Michigan Capitol Commission banned open-carry of guns in this building. That’s it; that’s all they did. After all the threats, the storming of our own Capitol last spring, the recent terrorism in the U.S. Capitol building, that’s as far as they would go. What does that say to a potential terrorist? As long as we can’t see your gun, you can walk right into this building and stand up there with your firearms hidden under your coat. Does that make you feel safe? It doesn’t make me feel safe. You look at the clerks, you look at the caucus staff, you look at the IT people here, can we tell them not to worry? Can we reassure our residents that nothing will happen in and around our Capitol? Do you think that simply because you can’t see the gun in the hands of a terrorist that we’re safe? I don’t. We’re not safe. Our state Capitol is not safe.

Banning open carry alone does nothing to make us safe and we all know that. It won’t help next week. It’s not a temporary solution. It is not a long-term solution. It doesn’t solve the problem.

Today my colleague from the 7th District and I are reintroducing our bills to ban all firearms from this building, excepting security staff and law enforcement. I too am pleading that my colleagues on both sides of the aisle put aside their political ambitions, put aside any needs to score political points, do what is best for the people in this state. I ask that our bills banning all firearms from the Capitol not only be given a vote but considering it’s actually happening now, be given a vote very soon. Right away. It’s time we stand up together and start solving problems together. On this first day of the 101st Legislature, let’s start anew and pledge to work cooperatively, to work with facts, to put aside our differences, and create solutions for the people of our great state.

 

Senator Geiss’ statement is as follows:

Today I rise troubled. Troubled that at the tender start of the 101st Legislature, I must rise to remind us of our duty and our oaths of office that we took two years and two days ago in this very chamber. And it’s with believing in an understanding the gravitas of our oath—the weight and responsibility of our duty—that I have introduced Senate Resolution No. 4 and Senate Concurrent Resolution No. 4 to censure the Senators from the 15th, 17th, 19th, 21st, 22nd, 24th, 25th, 30th, 31st, 33rd, and 35th Districts—the 11 Senators who on January 4, 2021 submitted a letter to Congress and the Vice President of the United States to request the Joint Session of Congress investigate the credibility of the November election results.

I am so gravely disappointed in our colleagues, because in submitting that letter they undercut the faith in our institutions through blatantly unjustified dismissal of the security and accuracy of election outcomes in Michigan and other states, and actively fueled consistently debunked, baseless claims of election fraud. In calling on Congress to investigate the credibility of the November 2020 election in this manner, these 11 contributed to the atmosphere that led to the violent insurrection at the U.S. Capitol during the Electoral College vote count on January 6, 2021.

The letter itself is part of a broad, dangerous campaign to usurp what voters decided. It led to physical and emotional injury of many, caused significant destruction of public property, shook the faith in the stability of our democracy at home, and dealt a major blow to the nation’s reputation abroad. In this continued effort to delegitimize the election is unethical and unacceptable—a breach of the people’s trust and confidence.

Article XI, section 1 of the Constitution of the state of Michigan of 1963 provides,

 

All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.

 

Every Michigan clerk takes this same oath. Many have administered it. Further, the Standing Rules of the Senate govern our behavior. Two, in particular, stand out. Rule 1.301 states, “Each Senator shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office.” and rule 1.311 provides in part, “A Senator determined to have violated the provisions of the rules regulating ethics and conduct may be reprimanded, censured, or expelled.” The efforts of these 11 to undermine the democratic process are clear violations of their oaths of office, which includes the 14th Amendment to the U.S. Constitution and the Standing Rules of the Senate, adherence to which we must remain steadfast and faithful.

This body must send a clear signal that attempts to undermine the democratic process and obstruct the will of the American people through baseless and disproven allegations of fraud are unacceptable and must be met with the strongest possible condemnation. At minimum we must censure these 11 members for their failure to meet the high standards of conduct expected of their office. And to do anything less would be a continued breach of the trust and confidence placed in us by the people. Two years and two days and this is where we are. Colleagues, we talk a lot about transparency and accountability in this chamber, and with that in mind I urge you to support these resolutions so that justice can be delivered with swift and forthright action. These 11 have embarrassed the great people of Michigan, and it would be even more shameful if this body, and its leadership, abdicates its responsibility to hold these members accountable. Now is the time to find our moral compass, practice what we preach, and do the right thing and support these resolutions.

 

Senator McCann’s statement is as follows:

Mr. President, last week I witnessed a violent attack against our country and our very democracy, and I’m still in shock. I am outraged. I am appalled. And I am disgusted. This was not an attack from foreign terrorists.

 No, these were domestic terrorists bent on insurrection, sedition, harming lawmakers, and carrying out a coup. It was horrific to witness the President of the United States of America and his enablers incite what happened and here we are.

Colleagues, those who participated in or supported this failed coup attempt are traitors to our nation and desecrators of our Constitution. They have defiled our democracy and our peaceful manner of governance. And for what reason? Supposedly, the insurrectionists wanted to ‘stop the steal’ ardently believing in the biggest lie of so many lies. Fortunately, they failed. Sadly, January 6 and the November election made it clear that we’ve reached a juncture where lies work and evidence no longer matters. Facts no longer matter. Math and numbers no longer matter. There were no recounts requested, no success in the courts, and no proof of fraud. So why does the fervent lying continue? Now because of these lies, we must make our own beautiful workplace a fortress and be concerned for our safety. Lieutenant Governor, I know we’ve heard and will continue to hear condemnations of what transpired. But I’m not yet convinced that they are all sincere and that there is a real change of heart because I wonder if deep down some people just might think that what happened is OK—That it was just a big frat party; that the people involved are only a group of knuckleheads who made a bad decision in the heat of the moment.

Colleagues, there must be a very serious reckoning for everyone who pushed through the police officers and barricades at the U.S. Capitol and for the President who instigated it. And yet, some people appear to be in a hurry to put his atrocity in the rearview mirror—To have everyone quickly say it’s over and let’s move on. Well, I believe that can happen only when we agree to find the whole truth through a full investigation and hold those who participated responsible; when we agree that we’ve had the most dangerous President in modern times; when we condemn violence and intimidation as a means of achieving political goal; when we recommit to letting democracy work the way it is supposed to—at the ballot box; when we speak the hard truth to people who don’t want to hear it; and when we all publicly accept and acknowledge the outcome of our November election.

Friends, there cannot be unity without accountability first. There cannot be healing without justice. And there cannot be “moving on” without the bipartisan repudiation, impeachment, conviction, and removal of this President.

 

Senator Ananich’s statement is as follows:

I rise today with a heavy heart. Ten years ago, this very day, I was a few hundred yards away being sworn in as a freshman member of the House of Representatives. I was full of optimism, pride, and upbeat. I was also hopeful that we would be partaking on a journey together—Democrat and Republican; House, Senate, and Governor—bringing our state together and accomplishing important things for the residents we all came here to serve.

Today, those feelings are shaken and almost gone. I have dedicated myself to trying to find the good in all people, but especially my colleagues. I have believed one of my important roles is to bring people together, to help unify this state, and eventually, if we did, help to heal the great divide in our country. But our state and country are more divided than it has been in my lifetime. Unifying and healing are the most important things we can do now. However, before we can heal a wound, the people causing the abrasion must be stopped.

We are all well aware of the events of January 6—of the attack on our nation’s Capitol—that was meant to upend and destroy the very foundation of our democratic beliefs and ideals. Make no mistake, this was not a far-left conspiracy. This was not an independent action perpetrated by patriots. Those thugs were called to arms by the man holding the highest office in our country and encouraged by members of this very Legislature. Think about that.

Every morning we stand here and recite the Pledge of Allegiance and today 110 of our colleagues will swear the same oath we all have taken. Those words are important. They are the foundation of our country. “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands.” Our republic isn’t standing as strong as it once was because the President and his delusional minions desecrated that great citadel of democracy and freedom.

But we here in this chamber know this all should have been predicted. In April of last year, our great state was used as a training ground for these traitors that meant to intimidate and outright scare us into doing their will. Sadly on that day, with guns in the Gallery, this body yielded to their will, sending a signal that those tactics were acceptable and would succeed. However, what is even more disappointing and demoralizing is that members of our own House and Senate supported these actions. They supported this fantastical farce and lies about this election that continue to be perpetrated. So if you cannot stand here today and state that a new President will be sworn in on January 20 based on a fair and legitimate election and that people lied when they said others, then you have no place in this chamber. You took an oath, just as I did, “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state.”

 Now you must stand up and honor those words. You must understand our duty is to support the foundational principles of our country—a country that is based on the peaceful transition of power, something that has been a tradition since our founding. And as such, I would like to publicly condemn the embarrassing events that led up to the attack on January 6. I would urge my colleagues on the other side of the aisle to do the same. This is not about freedom and choice. This is about standing on the right side of history.

Before I take my seat, I will leave you with a quote from former President Ulysses S. Grant, “There are but two parties now, traitors and patriots and I want hereafter to be ranked with the latter, and I trust, the stronger party.” Mr. President, I choose to be a patriot. I ask all of you to do the same.

 

Senator Horn’s statement is as follows:

It was my hope that we could start out the year in 2021, in this new 101st session, on a more positive note. There’s nothing, Mr. President, that happened in Washington, recently or in the past, that prevents us from working together, that prevents us as a body from unifying. Except, of course, for the fact that I’m about to make a statement on the events of January 6 but my colleagues have already prejudged me to be insincere. That’s a shame.

Mr. President, I’d like to share my reflections on this week’s deadly insurrection in the U.S. Capitol, and I’d like my remarks printed in the Journal.

It is not my intent to change any minds at this point, nor to open any wounds. In fact, it is precisely my hope to calm the waters and help open a path that begins the healing process, with the understanding that we’re all trying to do what we can to make our little corners of the world a better place to live. My first reaction to the news of 1/6 was one of stunned disbelief. To me it felt like one of those moments of disorientation, much like 9/11, as we tried to make sense of the tragedy that was unfolding right before our very eyes. The more I studied the storming of the Capitol, the more emotions began flooding in: disbelief, sadness, disappointment, grief, anger.

The nation experienced a true sense of loss. We mourn the loss of life, a certain sense of innocence, a loss of trust, a loss of sense of self-governance. We lost all of this to a moment of sheer anarchy. It was not an American moment of greatness. It certainly was not democracy. It was a slap in the face of patriotism. I was embarrassed for all of those who stormed the Capitol, claiming it was their house, forgetting that it was ours. This cannot happen again at our U.S. Capitol, nor can it happen at our Michigan Capitol. So please pray with me, colleagues, that our law enforcement officials are always safe and well-prepared. And that the Lord brings peace to the people of our nation, and peace to the hearts of our people. May God bless Michigan, and may God bless the United States.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

January 13, 2021

By direction of the House of Representatives, I hereby notify you that a quorum of the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.

Further, I am directed by the House to notify you that the House of Representatives has elected Representative Jason Wentworth as Speaker, and Gary L. Randall as Clerk.

                                                                                       Very respectfully,

                                                                                       Gary L. Randall, Clerk

                                                                                       House of Representatives

 

 

Senator Lauwers moved that the Senate adjourn.

The motion prevailed, the time being 1:13 p.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, January 19, 2021, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate