STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Thursday, November 4, 2021.
10:00 a.m.
Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
Motions and Communications
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
January 14, 2021
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 Extension #2020-208-HS (Secretary of State Filing #21-01-01) on this date at 1:08 p.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.
February 23, 2021
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 #2020-044-LE (Secretary of State Filing #21‑02-01) on this date at 1:30 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety Standard Part 1. 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.
February 23, 2021
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 #2020-047-LE (Secretary of State Filing #21‑02-02) on this date at 1:36 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety Standard Part 14. Tunnels, Shafts, Caissons, and Cofferdams.”
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.
February 24, 2021
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 #2020-053-LE (Secretary of State Filing #21‑02-03) on this date at 10:34 a.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard Part 609. Cadmium 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.
February 24, 2021
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 #2020-056-LE (Secretary of State Filing #21‑02-04) on this date at 10:59 a.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standards Part 605. Methylenedianiline (MDA).”
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.
March 2, 2021
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 #2020-200-AC (Secretary of State Filing #21-03-01) on this date at 12:07 p.m. for the Department of Agriculture and Rural Development entitled, “Pandemic Public Health Measures in Migrant Agricultural Work Housing.”
These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.
March 9, 2021
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 #2020-045-LE (Secretary of State Filing #21‑03-02) on this date at 3:40 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard Part 6. Personal Protective Equipment.”
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.
March 19, 2021
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 #2019-142-SP (Secretary of State Filing #21‑03-03) on this date at 9:43 a.m. for the Department of State Police entitled, “Criminal Justice Information Systems.”
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.
Sincerely,
Jocelyn Benson
Secretary of State
Melissa Malerman, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
Pursuant to rule 3.104 the Senate proceeded to the order of
Messages from the House
A bill to amend 1937 PA 94, entitled “Use
tax act,” by amending sections 4 and 21 (MCL 205.94 and 205.111), section 4 as
amended by 2018 PA 679 and section 21 as amended by 2020 PA 30.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3 and 5 (MCL 712A.3 and 712A.5), section 3 as amended by 2019 PA 109 and section 5 as amended by 1996 PA 409.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
Further consideration of the bill was postponed for the day due to the lack of a quorum.
Pursuant to rule 3.104 the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1846 RS 2, entitled “Of the legislature,” (MCL 4.82 to 4.85) by adding section 2a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Oversight.
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1 and 25 (MCL 205.51 and 205.75), section 1 as amended by 2018 PA 2 and section 25 as amended by 2020 PA 29.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2 and 21 (MCL 205.92 and 205.111), section 2 as amended by 2018 PA 1 and section 21 as amended by 2020 PA 30.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
A bill to require the public disclosure of certain information related to the settlement of certain claims and actions involving sexual assault and sexual harassment; and to prescribe the powers and duties of certain state departments and agencies.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Oversight.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1429.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Announcements of Printing and Enrollment
House
Bill Nos. 4920 4939 4940 5281 5368
The Secretary announced that the following bills were printed and filed on Wednesday, November 3, and are available on the Michigan Legislature website:
Senate Bill Nos. 715 716 717 718 719 720 721 722 723
House Bill Nos. 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526
Committee Reports
The Committee on Appropriations reported
Senate Bill No. 494, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8201, 8202, 8203, 8206, 8207, 8702, 8703, 8705, 8707, 8708, 8710, 8715, 8716, 8801, and 8807 (MCL 324.8201, 324.8202, 324.8203, 324.8206, 324.8207, 324.8702, 324.8703, 324.8705, 324.8707, 324.8708, 324.8710, 324.8715, 324.8716, 324.8801, and 324.8807), sections 8201, 8202, 8203, and 8207 as added by 2001 PA 176, section 8206 as amended by 2018 PA 237, sections 8702, 8703, 8707, 8708, 8710, 8715, 8716, and 8807 as amended by 2015 PA 118, section 8705 as amended by 2011 PA 2, and section 8801 as amended by 2011 PA 1; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Nesbitt, Outman, Runestad, Victory, Daley, Hertel, Bayer, Hollier, McCann and Santana
Nays: Senator Irwin
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 643, entitled
A bill to authorize the department of technology, management, and budget to transfer state-owned property in Macomb County; to prescribe conditions for the transfer; to provide for the powers and duties of certain state departments in regard to the property; and to provide for the disposition of revenue derived from the transfer.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Nesbitt, Outman, Runestad, Victory, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 685, entitled
A bill to authorize the state administrative board to convey a parcel of state-owned property in Kent County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Nesbitt, Outman, Runestad, Victory, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 700, entitled
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jim Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, Nesbitt, Outman, Runestad, Victory, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, November 3, 2021, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, Nesbitt, Outman, Runestad, Victory, Daley, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Excused: Senators MacDonald and Schmidt
Finance – Wednesday, November 10, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Oversight – Tuesday, November 9, 2:00 p.m., Room 1300, Binsfeld Office Building (517) 373-5312
The Secretary of the Senate declared the Senate adjourned until Tuesday, November 9, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate