No. 82

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2022

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, December 28, 2022.

 

11:30 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 communication was received and read:

Office of the Auditor General

December 13, 2022

Enclosed is a copy of the following reports:

•    Follow-up report on the Use of Warranties, Michigan Department of Transportation (591-0320-20F).

•    Performance audit report on Camp Licensing, Bureau of Community and Health Systems, Department of Licensing and Regulatory Affairs (641-0453-22).

                                                                                       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

May 13, 2022

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 Office of Administrative Hearings and Rules filed Administrative Rule #2021-024-EQ (Secretary of State Filing #22‑05-01) on this date at 1:26 p.m. for the Department of Environment, Great Lakes, and Energy entitled, “Part 8. Emission Limitations and Prohibitions – Oxides of Nitrogen.”

These rules take effect within 7 days upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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 24, 2022

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 #20-039-HS (Secretary of State Filing #22‑05‑02) on this date at 12:49 p.m. for the Department of Health and Human Services entitled, “Child Caring Institutions.”

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

May 24, 2022

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 #2020-070-LR (Secretary of State Filing #22‑05-03) on this date at 2:15 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Nursing – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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 10, 2022

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 #21-031-HS (Secretary of State Filing #22‑06‑01) on this date at 11:32 a.m. for the Department of Health and Human Services entitled, “Michigan Physician Orders for Scope of Treatment.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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 10, 2022

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 #2021-100-ED (Secretary of State Filing #22‑06-02) on this date at 1:53 p.m. for the Department of Education entitled, “Superintendent of Public Instruction Hearings.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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 21, 2022

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 #2020-067-LE (Secretary of State Filing #22‑06-03) on this date at 10:55 a.m. for the Department of Labor and Economic Opportunity entitled, “General Industry Safety Standard Part 74. Fire Fighting.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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, 2022

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 #21-087-HS (Secretary of State Filing #22‑06‑04) on this date at 11:00 a.m. for the Department of Health and Human Services entitled, “Family Independence Program.”

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

 

June 22, 2022

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 #21-088-HS (Secretary of State Filing #22‑06‑05) on this date at 12:34 p.m. for the Department of Health and Human Services entitled, “State Disability Assistance Program.”

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

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Sue Sayer, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

July 12, 2022

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 #2022-028-ED (Secretary of State Filing #22‑07-01) on this date at 11:04 a.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(9) 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 20, 2022

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 #22-040-HS (Secretary of State Filing #22‑09‑01) on this date at 2:40 p.m. for the Department of Health and Human Services entitled, “Financial Liability for Mental Health Services.”

These rules become effective 7 days after filing with the Secretary of State.

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Bob Burns, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Secretary for record.

 

 

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

November 4, 2022

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 #22-050-HS (Secretary of State Filing #22‑11‑01) on this date at 11:27 a.m. for the Department of Health and Human Services entitled, “Placement on Central Registry After Criminal Conviction.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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.

 

November 21, 2022

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 #2021-071-LR (Secretary of State Filing #22‑11-02) on this date at 9:57 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Massage Therapy – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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.

 

November 21, 2022

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 #2021-046-LR (Secretary of State Filing #22‑11-03) on this date at 2:00 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Accountancy – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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.

 

November 21, 2022

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 #2021-038-LR (Secretary of State Filing #22‑11-04) on this date at 2:32 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Acupuncture – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(9) 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

                                                                                       Lashana Threlkeld, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Secretary for record.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: December 13, 2022

Time: 2:16 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 362 (Public Act No. 236), being

An act to provide for the establishment of attainable housing districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain qualified facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain state and local governmental officials; and to provide penalties.

(Filed with the Secretary of State on December 13, 2022, at 4:16 p.m.)

 

Date: December 13, 2022

Time: 2:18 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 422 (Public Act No. 237), being

An act to provide for the establishment of residential housing districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain qualified residential facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain state and local governmental officials; and to provide penalties.

(Filed with the Secretary of State on December 13, 2022, at 4:18 p.m.)

 

Date: December 13, 2022

Time: 2:20 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 364 (Public Act No. 238), being

An act to amend 1992 PA 147, entitled “An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,” by amending sections 2, 3, 6, and 10 (MCL 207.772, 207.773, 207.776, and 207.780), sections 2 and 10 as amended by 2020 PA 3, section 3 as amended by 2008 PA 204, and section 6 as amended by 2008 PA 284.

(Filed with the Secretary of State on December 13, 2022, at 4:20 p.m.)

 

Date: December 13, 2022

Time: 2:22 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 432 (Public Act No. 239), being

An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending section 15a (MCL 125.1415a), as amended by 1994 PA 363.

(Filed with the Secretary of State on December 13, 2022, at 4:22 p.m.)

 

Date: December 22, 2022

Time: 2:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 183 (Public Act No. 265), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 20145, 21501, 21513, 21551, 22201, 22207, 22208, 22209, and 22221 (MCL 333.20145, 333.21501, 333.21513, 333.21551, 333.22201, 333.22207, 333.22208, 333.22209, and 333.22221), section 20145 as amended by 2015 PA 104, section 21501 as amended by 2018 PA 384, section 21513 as amended by 2002 PA 125, section 21551 as amended by 1990 PA 331, section 22201 as added by 1988 PA 332, sections 22207, 22209, and 22221 as amended by 2002 PA 619, and section 22208 as amended by 2011 PA 51.

(Filed with the Secretary of State on December 22, 2022, at 4:26 p.m.)

 

Date: December 22, 2022

Time: 2:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 727 (Public Act No. 266), being

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 527a (MCL 206.527a), as amended by 2018 PA 309.

(Filed with the Secretary of State on December 22, 2022, at 4:28 p.m.)

 

Date: December 22, 2022

Time: 2:44 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 971 (Public Act No. 267), being

An act to provide for a military veterans cemetery; to create the veterans cemetery fund; to authorize the purchase of land; and to provide for the powers and duties of certain state governmental officers and entities.

(Filed with the Secretary of State on December 22, 2022, at 4:30 p.m.)

 

Date: December 22, 2022

Time: 2:46 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1203 (Public Act No. 268), being

An act to amend 2016 PA 345, entitled “An act to regulate transportation network companies, taxicabs, and certain limousines in this state; to provide for the powers and duties of certain state officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 4 (MCL 257.2104), as amended by 2019 PA 72.

(Filed with the Secretary of State on December 22, 2022, at 4:32 p.m.)

 

Date: December 22, 2022

Time: 2:48 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1111 (Public Act No. 269), being

An act to amend 2019 PA 152, entitled “An act to create the lawful internet gaming act; to require licensure for persons to offer internet gaming; to impose requirements for internet gaming; to provide for the powers and duties of the Michigan gaming control board and other state and local officers and entities; to impose fees; to impose tax and other payment obligations on the conduct of licensed internet gaming; to create the internet gaming fund; to prohibit certain acts in relation to internet gaming and to prescribe penalties for those violations; to require the promulgation of rules; and to provide remedies,” by amending section 16 (MCL 432.316).

(Filed with the Secretary of State on December 22, 2022, at 4:34 p.m.)

 

Date: December 22, 2022

Time: 2:50 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1112 (Public Act No. 270), being

An act to amend 1972 PA 382, entitled “An act to license and regulate the conducting of bingo, millionaire parties, and certain other forms of gambling; to provide for the conducting of charity games, raffles, and numeral games; to provide for exemptions from licensing requirements under certain circumstances; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties,” by amending section 8 (MCL 432.108), as amended by 2019 PA 159.

(Filed with the Secretary of State on December 22, 2022, at 4:36 p.m.)

 

Date: December 22, 2022

Time: 2:52 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1133 (Public Act No. 271), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 2567a (MCL 600.2567a), as amended by 2006 PA 662.

(Filed with the Secretary of State on December 22, 2022, at 4:38 p.m.)

 

Date: December 22, 2022

Time: 2:54 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1208 (Public Act No. 272), being

An act to amend 1994 PA 295, entitled “An act to require persons convicted of certain offenses to register; to prohibit certain individuals from engaging in certain activities within a student safety zone; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions,” by amending section 5a (MCL 28.725a), as amended by 2020 PA 295.

(Filed with the Secretary of State on December 22, 2022, at 4:40 p.m.)

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

 

 

The following messages from the Governor were received and read:

December 8, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 232 of 1965, MCL 290.657:

Asparagus Marketing Program Advisory Board

Mrs. Sarah J. Greiner of 2542 N. 128th Avenue, Hart, Michigan 49420, county of Oceana, reappointed to represent Northern-Central growers-at-large, for a term commencing December 8, 2022 and expiring November 13, 2025.

Mr. Jordon M. Walsworth of 6435 W. Lake Road, Mears, Michigan 49436, county of Oceana, reappointed to represent Northern-Central growers-at-large, for a term commencing December 8, 2022 and expiring November 13, 2025.

 

December 8, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 232 of 1965, MCL 290.657

Michigan Carrot Commission

Mr. Lee M. Oomen of 9022 E. Clock Road, Walkerville, Michigan 49459, county of Oceana, succeeding Glenn Vogel whose term has expired, appointed to represent fresh growers, for a term commencing December 8, 2022 and expiring October 31, 2023.

Mr. Ralph Oomen of 1736 E. Jackson Road, Hart, Michigan 49420, county of Oceana, reappointed to represent process growers, for a term commencing December 8, 2022 and expiring October 31, 2023.

 

December 8, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121, 333.16122 and 333.17521:

Michigan Board of Osteopathic Medicine & Surgery

Dr. Stephen R. Bell of 11873 Grafton Road, Carleton, Michigan 48117, county of Monroe, reappointed to represent osteopathic physicians, for a term commencing January 1, 2023 and expiring December 31, 2026.

Dr. John K. Everett of 6242 Sunrise Lane, Cheboygan, Michigan 49721, county of Cheboygan, reappointed to represent osteopathic physicians, for a term commencing January 1, 2023 and expiring December 31, 2026.

Dr. Craig S. Glines of 14602 Williamsburg Street, Riverview, Michigan 48193, county of Wayne, reappointed to represent osteopathic physicians, for a term commencing January 1, 2023 and expiring December 31, 2026.

Dr. Khawaja H. Ikram of 2585 Hummingbird Drive, Holt, Michigan 48842, county of Ingham, succeeding Walker Foland whose term has expired, appointed to represent osteopathic physicians, for a term commencing January 1, 2023 and expiring December 31, 2026.

Dr. Kathleen Rollinger of 37475 Fiore Trail, Clinton Township, Michigan 48036, county of Macomb, suceeding Stacey Beltz whose term has expired, appointed to represent osteopathic physicians, for a term commencing January 1, 2023 and expiring December 31, 2026.

 

December 8, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17821:

Michigan Board of Physical Therapy

Dr. Sherry Saggers of 24868 Jennifer Drive, Flat Rock, Michigan 48134, county of Wayne, reappointed to represent physical therapist assistants, for a term commencing January 1, 2023 and expiring December 31, 2026.

 

December 8, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17025:

Michigan Task Force on Physician’s Assistants

Dr. Kathleen Rollinger of 37475 Fiore Trail, Clinton Township, Michigan 48036, county of Macomb, appointed to fill a vacancy representing the Michigan Board of Osteopathic Medicine and Surgery, for a term commencing January 1, 2023 and expiring December 31, 2025.

 

December 8, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 560 of 2016, MCL 36.105:

Michigan Veterans’ Facility Authority Board of Directors

Mr. Barry F. Walter of 13554 Turner Road, DeWitt, Michigan 48813, county of Clinton, filling the seat created by MCL 36.105(7), appointed to represent a veteran who has professional knowledge, skill, or experience in long-term care, health care licensure or finance, or medicine, for a term commencing December 8, 2022 and expiring April 15, 2026.

 

December 15, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Executive Order No. 2019-7:

Executive Director of Cannabis Regulatory Agency

Mr. Brian J. Hanna of 173 Lake Ridge Drive, Mason, Michigan 48854, county of Ingham, appointed for a term commencing December 15, 2022 and expiring at the pleasure of the Governor.

 

December 15, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.302, 339.303 and 339.2502:

Michigan Board of Real Estate Brokers and Salespersons

Mr. Abe Koumaiha of 2930 Moon Lake Drive, West Bloomfield, Michigan 48323, county of Oakland, succeeding Hassan Ahmad whose term has expired, appointed to represent real estate brokers and salespersons, for a term commencing December 15, 2022 and expiring June 30, 2026.

Ms. Nusrat S. Hussain of 1840 Shaker Heights Drive, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Karen Greenwood whose term has expired, appointed to represent real estate brokers and salespersons, for a term commencing December 15, 2022 and expiring June 30, 2026.

 

December 15, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Executive Order No. 2009-51, MCL 209.131:

State Tax Commission

Mrs. Peggy L. Nolde of 8119 Pagels Drive, Grand Blanc, Michigan 48439, county of Genesee, reappointed to represent Democrats, for a term commencing December 28, 2022 and expiring December 27, 2026.

 

December 15, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 186 of 1973, MCL 205.721 and 205.722:

Michigan Tax Tribunal

Mr. Marcus L. Abood of 209 Harpers Way, Lansing, Michigan 48917, county of Eaton, reappointed to represent real estate appraisers, for a term commencing December 15, 2022 and expiring September 22, 2026.

Ms. Patricia L. Halm of 1210 Read Oak Lane, Unit 102, East Lansing, Michigan 48823, county of Ingham, reappointed to represent members at large, for a term commencing December 15, 2022 and expiring September 22, 2026.

 

December 15, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Article V § 3 of the Michigan Constitution of 1963:

Director of the Department of Technology, Management and Budget

Ms. Michelle I. Lange of 1111 Wildwood Drive, East Lansing, Michigan 48823, county of Ingham, appointed for a term commencing December 15, 2022 and expiring at the pleasure of the Governor.

 

December 22, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 114 of 1965, MCL 290.553 and 290.554:

Michigan Bean Commission

Mr. Kevin Noffsinger of 3131 Worth Road, Pinconning, Michigan 48650, county of Arenac, reappointed to represent district 1, for a term commencing January 1, 2023 and expiring December 31, 2025.

Ms. Jessica Rader of 8537 Gravel Ridge Road, Lakeview, Michigan 48850, county of Montcalm, reappointed to represent district 7, for a term commencing January 1, 2023 and expiring December 31, 2025.

Mr. Chase Voelker of 934 S. Caseville Road, Pigeon, Michigan 48755, county of Huron, succeeding Ross Voelkner whose term has expired, appointed to represent district 6, for a term commencing January 1, 2023 and expiring December 31, 2025.

 

December 22, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.16421:

Michigan Board of Chiropractic

Mr. Leslie M. Kohn of 21700 Northwestern Highway, Suite 1170, Southfield, Michigan 48075, county of Oakland, succeeding Robert Maciolek whose term has expired, appointed to represent the general public, for a term commencing December 22, 2022 and expiring December 31, 2025.

Dr. Richard Levine of 6675 Whispering Woods Drive, West Bloomfield, Michigan 48322, county of Oakland, succeeding Leigh Elceser whose term has expired, appointed to represent chiropractors, for a term commencing December 22, 2022 and expiring December 31, 2025.

Dr. Milton D. Lynes of 8827 Portage Road, Portage, Michigan 49002, county of Kalamazoo, succeeding Ryan Thornton whose term has expired, appointed to represent chiropractors, for a term commencing December 22, 2022 and expiring December 31, 2025.

Mr. David S. Smith of 6899 Essex Court, Waterford, Michigan 48327, county of Oakland, succeeding Robyn Peake whose term has expired, appointed to represent the general public, for a term commencing December 22, 2022 and expiring December 31, 2025.

Mr. Beau Taylor of 2225 Roseann Drive, Sterling Heights, Michigan 48314, county of Macomb, reappointed to represent the general public, for a term commencing December 22, 2022 and expiring December 31, 2025.

 

December 22, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 218 of 1956, MCL 500.2402:

Data Collection Agency Governing Board

Ms. Emily McDonough of 520 N. Putnam Street, Williamston, Michigan 48895, county of Ingham, reappointed for a term commencing January 1, 2023 and expiring December 31, 2023.

 

December 22, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 380 of 1965, MCL 16.404:

Mackinac Bridge Authority

Mr. Patrick F. Gleason of 5215 N. State Road, Davison, Michigan 48423, county of Genesee, reappointed to represent Democrats, for a term commencing December 22, 2022 and expiring June 30, 2028.

December 22, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17955:

Michigan Board of Massage Therapy

Mrs. Nicole S. Johnson of 1481 Tanforan Place, Okemos, Michigan 48864, county of Ingham, succeeding Amelia Lipovsky who has resigned, appointed to represent massage therapists, for a term commencing December 22, 2022 and expiring December 31, 2025.

 

December 22, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 316 of 1986, MCL 390.1430:

Michigan Education Trust Board of Directors

Mrs. Marlin Williams of 1536 Chicago Boulevard, Detroit, Michigan 48206, county of Wayne, reappointed to represent persons with knowledge, skills, and experience in the academic, business or financial fields, for a term commencing January 1, 2023 and expiring December 31, 2025.

 

December 22, 2022

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

Mr. Matthew D. Johnson of 521 State Highway M553, Marquette, Michigan 49855, county of Marquette, reappointed for a term commencing January 1, 2023 and expiring December 31, 2030.

Mrs. Monique Q. Wells of 481 Shiloh Drive, Chelsea, Michigan 48118, county of Washtenaw, succeeding Brenda Ryan, appointed for a term commencing January 1, 2023 and expiring December 31, 2030.

 

December 22, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 451 of 1994, MCL 324.1905:

Natural Resources Trust Fund Board

Mrs. Christina MacInnes of 4751 Arbutus Lane, Beulah, Michigan 49617, county of Benzie, succeeding Samuel Cummings whose term has expired, appointed for a term commencing December 22, 2022 and expiring October 1, 2026.

 

December 22, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 35 of 1970, MCL 390.152:

Oakland University Board of Trustees

Mrs. Colleen Ochoa Peters of 2645 Bloomfield Crossing, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Melissa Stolicker whose term has expired, appointed for a term commencing December 22, 2022 and expiring August 11, 2030.

Mr. Stefen J. Welch of 19125 Kingston Road, Detroit, Michigan 48221, county of Wayne, succeeding W. David Tull whose term has expired, appointed for a term commencing December 22, 2022 and expiring August 11, 2030.

 

December 22, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.18505:

Michigan Board of Social Work

Mr. Julian Diaz of 1335 Webster Street, Birmingham, Michigan 48009, county of Oakland, reappointed to represent individuals engaged primarily in the practice of social work, for a term commencing December 22, 2022 and expiring December 31, 2026.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

The following message from the Governor was received and read:

 

Corporate income tax; unitary filing; application of federal business interest expense limitations

 

December 22, 2022

Today I am returning Enrolled House Bills 4188, 4263, 4264, 4265, 4266, 4733, 5839, 5871, 5965, 6261, and Enrolled Senate Bill 195 without my signature. These bills were rushed through a lame duck session and need closer examination.

I look forward to working with the new Legislature in January on priorities that will continue our economic momentum, help lower costs, and expand education supports for Michigan students. It is time to be serious about solving problems and getting things done that will make working families’ lives better right now.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The bill was returned from the Governor on December 22, 2022, at 3:54 p.m.

Due to the lack of a quorum, the message was referred to the Secretary for record.

 

 

The following message from the Governor was received and read:

December 22, 2022

In accordance with section 14 of article 5 of the Michigan Constitution of 1963, I write to advise the Michigan State Senate that I granted the following commutations and pardons during 2022.

Mr. Jason Boyd Johnson, whose convictions I pardoned on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Ms. Leslie Fontain King, whose convictions I pardoned on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Frank Rodriguez, whose convictions I pardoned on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Sharif Ribhi Shamroukh, whose convictions I pardoned on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. John Eric Aslin, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Antwon Lamont Biffle, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Jimmy Burden, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. LaDon Demarco Cloud, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Ms. LaDonna Renee Cummings, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Lawrence Dantzler, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Lawrence Hegwood, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Alvin Antonio Jones, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Willie Roderick Kincaide, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Michael Landers, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Keith T. Robinson, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Ms. Monika Lateace McCain, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. James Michael McClain, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Hugo Loaiza Rodriguez, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Raymond Saenz Jr., whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Brian Deangelo Sanders, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Ms. Eboni Renee Spight, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Ms. Lu Anne Szenay, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

Mr. Donyelle Ferdinand Woods, whose sentence I commuted on December 22, 2022 based on the affirmative recommendation of the Michigan Parole Board.

                                                                                       Sincerely,

                                                                                       Gretchen Whitmer

                                                                                       Governor

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senate Concurrent Resolution No. 39.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see Senate Journal No. 81, p. 2006.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 39, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 21 (MCL 224.21), as amended by 1996 PA 23.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The question being on concurring in the committee recommendation to give the bill immediate effect,

Pursuant to rule 1.114(b), the bill will be referred to the Secretary for enrollment printing and presentation to the Governor after adjournment sine die.

 

 

Senate Bill No. 43, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as amended by 2012 PA 50.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The question being on concurring in the committee recommendation to give the bill immediate effect,

Pursuant to rule 1.114(b), the bill will be referred to the Secretary for enrollment printing and presentation to the Governor after adjournment sine die.

Senate Bill No. 642, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 237b (MCL 18.1237b), as added by 2002 PA 504.

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 question being on concurring in the committee recommendation to give the bill immediate effect,

Pursuant to rule 1.114(b), the bill will be referred to the Secretary for enrollment printing and presentation to the Governor after adjournment sine die.

 

 

Senate Bill No. 1047, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 510 and 549 (MCL 600.510 and 600.549), section 510 as amended by 1988 PA 134 and section 549 as amended by 1990 PA 54.

The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

Pursuant to rule 1.114(b), the bill will be referred to the Secretary for enrollment printing and presentation to the Governor after adjournment sine die.

 

 

Senate Bill No. 1059, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 2, 9a, 9b, 24, 27, 28c, 28e, 28f, 31, and 31a (MCL 290.602, 290.609a, 290.609b, 290.624, 290.627, 290.628c, 290.628e, 290.628f, 290.631, and 290.631a), sections 2, 9a, and 9b as amended by 2012 PA 253, section 28c as amended by 2016 PA 464, section 28e as amended by 2012 PA 469, section 28f as added by 2017 PA 168, and sections 31 and 31a as amended by 2012 PA 254.

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 question being on concurring in the committee recommendation to give the bill immediate effect,

Pursuant to rule 1.114(b), the bill will be referred to the Secretary for enrollment printing and presentation to the Governor after adjournment sine die.

 

 

Senate Bill No. 1085, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 7040 (MCL 500.7040), as added by 1986 PA 121.

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 question being on concurring in the committee recommendation to give the bill immediate effect,

Pursuant to rule 1.114(b), the bill will be referred to the Secretary for enrollment printing and presentation to the Governor after adjournment sine die.

 

 

Senate Bill No. 450, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment, printing and presentation to the Governor.

 

 

Senate Bill No. 1222, entitled

A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 5, 17, and 23 (MCL 141.1355, 141.1367, and 141.1373), section 5 as amended by 2009 PA 63.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment, printing and presentation to the Governor.

 

 

Senate Bill No. 1223, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 9, 10, 11, 12, and 20 (MCL 207.623, 207.629, 207.630, 207.631, 207.632, and 207.640), sections 3, 9, and 12 as amended by 2009 PA 61, section 10 as amended by 2020 PA 205, section 11 as amended by 2002 PA 237, and section 20 as amended by 2008 PA 553.

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.

 

 

The following message was received and read:

December 28, 2022

I herewith return to the Senate the following Senate Bills, Senate Joint Resolution and Senate Concurrent Resolutions which failed of passage or adoption by the House of Representatives:

Senate Bill Nos.        14      15      18      26      99    104    106    116    119    125    126    146   181       182          184          185          190          191                                209    210    211    215    223    224    225    226    227    230    250    257   272       273          278          279          285          306                                308    315    321    335    353    354    360    361    371    378    379    380   381       382          383          392          393          396                                397    398    399    405    416    425    427    428    429    430    431    457   458       463          486          499          500          525                                529    530    537    563    564    569    578    600    601    602    603    626   630       632          633          640          641          643                                645    664    672    685    700    712    714    726    742    745    753    755   758       770          788          791          795          796                                807    808    809    811    812    814    852    853    870    875    881    884   888       938          940          941          943          944                                972    973    974    977    996   1003   1004   1009   1023  1024   1027   1029 1035       1055        1057        1060        1061        1062                               1065   1081   1143   1151  1163   1165   1169   1183   1207  1221  1224

Senate Joint Resolution      G

Senate Concurrent Resolution Nos.         8     38

                                                                                       Very respectfully,

                                                                                       Gary L. Randall, Clerk

                                                                                       House of Representatives

 

 

Recess

 

 

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

The motion prevailed, the time being 11:38 a.m.

 

11:59 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.

 

 

The following message was received and read:

December 28, 2022

I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die.

                                                                                       Very respectfully,

                                                                                       Gary L. Randall, Clerk

                                                                                       House of Representatives

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 13, for her approval the following bills:

Enrolled Senate Bill No. 971 at 3:05 p.m.

Enrolled Senate Bill No. 1111 at 3:07 p.m.

Enrolled Senate Bill No. 1112 at 3:09 p.m.

Enrolled Senate Bill No. 1133 at 3:11 p.m.

Enrolled Senate Bill No. 1203 at 3:13 p.m.

Enrolled Senate Bill No. 1208 at 3:15 p.m.

Enrolled Senate Bill No. 727 at 3:17 p.m.

Enrolled Senate Bill No. 183 at 3:19 p.m.

Enrolled Senate Bill No. 195 at 3:21 p.m.

 

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 27, for her approval the following bills:

Enrolled Senate Bill No. 450 at 1:35 p.m.

Enrolled Senate Bill No. 1222 at 1:37 p.m.

Enrolled Senate Bill No. 1223 at 1:39 p.m.

 

The Secretary announced that the following resolutions were printed and filed on Wednesday, December 7, and are available on the Michigan Legislature website:

Senate Concurrent Resolution Nos.       37      38      39

Senate Resolution Nos.     181    182    183    184    185    186    187    188

 

 

The hour of 12:00 noon having arrived,

 

Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the Secretary of the Senate declared the Senate adjourned without day.

 

 

                                                                                       MARGARET O’BRIEN

                                                                                       Secretary of the Senate