STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, January 15,
2019.
10:00 a.m.
The Senate
was called to order by the President, Lieutenant Governor Garlin D. Gilchrist
II.
The roll was called by the
Secretary of the Senate, who announced that a quorum was present.
Alexander—present Horn—excused Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Jim Stamas of the 36th District offered the following invocation:
Dear Lord, we just thank You for the opportunity to
come together to create fellowship, to have conversation, and to work toward
continuing to lead this great state. Dear Lord, we ask that You be with those
who are in harm’s way. We ask that You be with each of those citizens who calls
out for help. We ask that You be with our families and all those who call out
Your name.
In Your name we pray. Amen.
The President, Lieutenant
Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator
MacGregor moved that Senator Horn be excused from today’s session.
The
motion prevailed.
Recess
Senator
MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 10:04
a.m.
The Senate was called to order by the
President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded
to the order of
Resolutions
Senator
Shirkey offered the following resolution:
Senate Resolution No. 2.
CHAPTER
I – SECTION I
SENATE
ORGANIZATION
1.100 TRANSMISSION OF MESSAGES.
Rule 1. All messages necessary for conducting legislative business between the
two houses shall be communicated in writing and delivered in hard copy and 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
or, in his or her absence,. 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, or 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 (1) Senator,
the Secretary of the Senate shall preside.
1.102
AUTHORITY OF THE PRESIDENT OF THE SENATEPRESIDING OFFICER
a)
The presiding officer shall call the Senate to order at the hours provided by
the Constitution, and by these
rules, and or at the hour
established by the Senate at its last meeting.
b)
Unless Except as proved in Rule
1.205 (b) is in effect, 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 by using
the electronic voting system for one (1) minute,; except for 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 PRESIDENT OF THE SENATE’S 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) 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. They shall be
elected at the first session of a quadrennium. All officers elected by the
Senate are to 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 officers
shall serve at the pleasure of the majority party caucus. All minority
party Senate Officers officers shall
serve at the pleasure of the minority party caucus.
d)
All majority and minority party
caucuses shall be subject to the provisions of Section 8 of the Open
Meetings Act (see MCL 15.268).
1.105
APPOINTMENT OF COMMITTEES
a)
The Senate Majority Leader shall appoint all committees except when the Senate
shall otherwise order. The Senate Majority Leader may appoint subcommittees of
standing committees when some of the members of that subcommittee are not also
members of that standing committee. Such subcommittees shall contain at least
one (1) majority member and one (1) minority member who are members of that standing
committee and shall have at least one (1) more majority party member than
minority party member. 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 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)
c) All appointments to standing and select committees and subcommittees appointed
by the Senate Majority Leader shall be are
subject to the approval of the Senate given 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
by the Senate Majority Leader until disapproved by the Senate given by a majority
of the Senators elected and serving.
1.106
ELECTION OF A SECRETARY OF THE SENATE
A
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, is
authorized to 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 is authorized to may correct summative
totals that may have been affected by amendments made to items in the bill bills. The corrections shall be made in
the bill bills and the
Journal.
b)
The Secretary of the Senate shall have make the Journal made available online to the offices of daily for use by the President of the
Senate and, Senators, daily, and shall make the Journal
available to 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. Such 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 to be available, accompanied by seven true copies, for
introduction on the next succeeding Senate legislative day, and accompanied
by eight (8) true copies. 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 being
submitted for introduction 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.
and each Each House bill,
joint resolution, and alternative measure shall
be read a first and second time by title when first received from the House
shall be read a first and second time by title.
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 (1) 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 (1)
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 All joint resolutions shall be
assigned 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 or and reproduction of all bills, resolutions, joint resolutions,
alternative measures, acts, or 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 (see Const. Art. 4, Sec. 26).
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 which 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 which 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 Hhouses, 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, obtaining
and
obtain a receipt, on which verifying the exact date and time shall
be shown for the bill was
deposited in the Executive Office.
b)
The Unless otherwise by the
Senate, the Secretary of the Senate may be authorized by a motion to enroll
a Senate bill while the Senate is not in session if that bill has passed both Hhouses and no action is pending on 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 Governor’s Executive oOffice 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 Hhouses 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
Hhouses, 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)
The Unless otherwise ordered by
the Senate, the Secretary of the Senate may be authorized by a motion to
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 Hhouses 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 Hhouses 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 co-sponsor(s) 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 shall assign duties
to Senate employees not specified by other rules, and shall 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, discuss it with the Senate Minority Leader
and present it to the Committee on Appropriations at the beginning of each
budget year. 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, an 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 would include includes, but is not be 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 the cost of
search related to the search, examination, review, and the 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, the cost of related to the search, examination,
review, and the 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,
in conjunction with the Director of the Business Office, shall appoint a staff
to conduct the legislative administration of the Senate, including
Administrative Office Staff, Session Staff, and Senate Television Staff.
b) The Secretary of the Senate, in conjunction
with the Director of the Business Office, shall exercise supervisory care and
control of the Senate Chamber and all Senate rooms, corridors, furniture, and
equipment in the Capitol.
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 (4) 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.
e)
Upon 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, and officer, and authorized personnel shall keep
confidential all proceedings and matters enjoined by order of the Senate. (see Const. Art. 4, Sec. 20).
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 forty-eight (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).
d)
In the case of two (2) or more persons having equal and the highest
number of votes for any office, as canvassed by the Board of State Canvassers,
the Board of State Canvassers shall certify the result of the canvass to the
Legislature and in joint convention the Legislature shall choose one (1) of
said persons to fill the office. When the determination of the Board of State
Canvassers is contested, the Legislature in joint convention shall decide which
person is elected (see MCL 168.846).
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 twenty (20) years, been
convicted of a felony involving breach of the public trust (see Const. Art. 4,
Sec. 7), or has within the preceding
twenty (20) years, been convicted of a felony involving
dishonesty, deceit, fraud, or a breach of public trust and that 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 its members
Senators shall be decided by a vote
of a majority of the Senators elected and serving (see Const. Art. 4, Sec.
16). 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 twenty (20) days following the special election.
c)
The Senate, with concurrence of two-thirds of its members 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 fifteen 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 parties
specified in the regulations and by the Senate Majority Leader, and has
been filed with the Director of the Business Office prior to departure.
b)
A travel request shall state the purpose for making of the trip, the relevance of the trip to legislative matters, and
an estimate of the cost.
c)
A The Senator, or Senate
employee, shall file a written and signed post-travel report with the Director
of the Business Office not more than twenty (20) calendar days
after returning from travel. These
reports shall be retained by the Director of the Business Office until no
longer as required by applicable law and regulation. If a report is not filed within twenty (20)
calendar days after returning from
travel, no expenses may not
will be reimbursed by the Senate., and any Senate funds received in advance of departure
shall be returned in full if the report is not filed within twenty (20)
calendar days after returning 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 receipted (except in
cases in which receipts are not ordinarily provided) 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 one
thousand (1,000) or more pieces of substantially similar material within thirty (30) days or
less 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 and 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 which that were paid for by 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 of Senators and Senate employees is prohibited and will not be
tolerated by the Senate. The Director of the Business Office shall establish a
policy to implement this prohibition 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, and/or campaign use, unrelated to Senate business, any
supplies, services, facilities, or staff provided by the senateSenate 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 state Senate or State of Michigan, are
clearly contrary to the proper use of these facilities 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 sState 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 the Chapter
I, Section 3 of these rules regulating ethics and conduct, 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 granted the 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 (2/3) 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, and/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 state
Senate or State of Michigan, are
clearly contrary to the proper use of these 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 sState 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 (except for the Appropriations Committee) shall
serve under the direction of the Secretary
of the Senate Majority Leader. 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 may be 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 not provide more than two (2)
benefit packages for the staff of each Majority
and minority Senator or more than four (4) benefit packages for the
staff of each majority Senator unless otherwise determined in accordance with policies established by
the Senate Majority Leader.
1.405
EMPLOYEES AS CANDIDATES
Any
Senate employee who files a nominating petition or pays a fee for ballot access
or files an affidavit of candidacy for a full-time elective office shall resign, or, subject to approval of the
Senate Majority Leader, be placed on an unpaid leave of absence.
1.406
TERMINATION OF EMPLOYMENT
All employees of the Senate serve as
non-tenured, at-will employees. The Senate Majority Leader shall have the
right to terminate the services employment
of any Senate employee and
the pay of the employee shall stop on the day of dismissal at any time. This rule shall not apply
to any employee elected by the Senate or those employees specifically
provided for by other Senate rules.
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 said resolution(s) 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, subpoena witnesses, and examine the books and records of any persons,
partnerships, or corporations involved in a matter properly before any
committee (see MCL 4.101).
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, or
b)
Fails on demand to produce any papers, books, or documents in regards to
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 (5 members)
Agriculture
(5 members)
Appropriations
(17 18 members)
Banking
and Financial Institutions (8 members)
Commerce
(5 members)
Economic
Development and International Small Business Development Investment (9 members)
Education
and Career Readiness (5 7 members)
Elections
and Government Reform (5 members)
Energy
and Technology (10 members)
Environmental Quality (6 members)
Families,
Seniors, and Human Services Veterans (5 7 members)
Finance
(7 members)
Government
Operations (5 members)
Health
Policy and Human Services (10
members)
Insurance
and Banking (10 members)
Judiciary
and Public Safety (5 7 members)
Local
Government (5 members)
Michigan
Competitiveness (5 members)
Natural
Resources (5 members)
Outdoor
Recreation and Tourism (5 members)
Oversight
(5 members)
Regulatory
Reform (9 members)
Transportation
and Infrastructure (5 9 members)
Veterans,
Military Affairs and Homeland Security (5 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 397.17)
Michigan
Capitol Committee (4 members) (see MCL 4.1701)
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 GOVERNMENT OPERATIONS ADVICE AND CONSENT
a)
All appointments to office submitted by the Governor to the Senate, and any other executive business, shall be
referred to the Committee on Government Operations 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)
Any appointment not disapproved within sixty (60) session days after receipt
shall stand confirmed (see Const. Art. 5, Sec. 6). 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 or without recommendation, 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 (see Const. Art. 4, Sec. 19).
4) Any appointment not disapproved within sixty
(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 sixty (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 ten (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.
c)
Effective upon written notification 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 a gubernatorial appointment or an
executive order. The Senate standing committee shall adopt by committee vote a
recommendation to the Committee on Government Operations.
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.
d) 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 the members Senators elected to and serving in
each House within sixty (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).
e)
c) Executive orders dealing with
matters of appropriations or expenditure reductions shall be referred to the Committee
on Appropriations (see MCL 18.1391).
f)
d) The Committee on Government
Operations Oversight shall
receive for review all reports presented issued by the legislative auditor general Auditor General.
g) e) Effective upon Upon written notification 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 an auditor general report any Executive business referred to the
Committee on Government Operations. The Senate standing committee shall may adopt by a committee vote a
recommendation to the Committee on Government Operations.
2.105
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. When all
members of a subcommittee are also members of the standing committee, the
committee chairperson shall appoint the subcommittee members.
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.
2.106
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 public hearing meeting
during any regular or special session of the Legislature.
2.107
2.108 NOTICE OF MEETINGS AND PUBLIC HEARINGS
a)
A committee may hold a meeting or public hearing 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 or hearing, its 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 or public
hearing may be given to the Senate during a session by the chairperson, or
a member, of the committee holding the meeting or public hearing.
b)
Notice of all committee meetings and public hearings shall comply with
the Michigan Open Meetings Act (see MCL 15.261-15.275).
2.108
2.109 COMMITTEE STAFFING
In
addition to the allocation for staff as provided in Rule 1.117(e)
1.402, the committee chairperson
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.
2.109
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 standing 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 (2) 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 thirty (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
which are separate from his or her other records. The committee clerk
shall provide the Secretary of the Senate with the identification numbers of
the storage cabinets containing the committee records. The Secretary of the
Senate shall tag the designated storage cabinets and maintain a record of this
information.
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 (2) Senate legislative days of
the committee meeting. The Secretary of the Senate shall cause print all committee reports and
attendance reports to be printed 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 back to
the Senate with thea
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 returned to the Secretary of
the Senate 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 they 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 committee meetings
may be taped, televised live tape,
televise live, or webcast through the equipment operated by the
Secretary of the Senate staff Senate
committee meetings.
b)
No person shall engage in any conduct during a Senate committee meeting whichthat undermines the decorum of the
meeting. All individual electronic devices during a committee meeting shall be
turned off or left on non-audible alert. Failure to follow a warning issued
by the chairperson may result in the device(s) being confiscated upon direction
of the committee chairperson for the remainder of the meeting.
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
The
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, 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 which that are informational only, to the Secretary of the Senate in
one (1) order for their 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 Friday 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. If there is a Friday session, the calendar
shall be closed at 4:00 p.m. on Thursday. If Monday is a state holiday, the
Senate calendar for Tuesday shall be closed for printing on Friday at 12:00
noon.
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 (1) day. After one (1)
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 members
who are their member designees, shall jointly compile a list to be
known as the resolution consent calendar. It shall consist of Senate
resolutions, Senate concurrent resolutions, and House concurrent resolutions which
that do not require committee
referral and consideration, and the adoption of which may be
accomplished by a majority of those Senators
voting. Resolutions which 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)
Resolutions 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 (1) 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 (5) 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 (1) 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 (1) Senate legislative day after being submitted to the
Secretary of the Senate. The presiding officer shall announce the referencereferral 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(3)).
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 accompanied submitted to the
Secretary of the Senate, accompanied by nine (9) three true copies. Only a currently serving Senator may sign a resolution for
introduction.Resolutions which are not subject to provisions in other
Senate rules 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 and the President of the Senate wishing to co-sponsor it the resolution shall complete a form
provided by the Secretary of the Senate. A member must be present and
specifically request to be named as a co-sponsor of a resolution. After
adoption of a Senate resolution, the presiding officer may open the voting
board to allow Senators and the
President of the Senate to add their names as co-sponsors.
c)
After a Senate concurrent resolution has been adopted by both Hhouses 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 THE BILL TITLE OF BILLS AND
ALTERNATE MEASURES
The
title of a bill or alternative measure shall include: (a) The the object of the bill or alternative measure, and (b) A a reference to the section(s), act, sections, and compilation numbers when amending any act which that has been compiled.
3.207
THREE SEPARATE READINGS
Every
bill, joint resolution, and alternative measure shall receive three (3)
separate readings prior to its being passed or adopted final passage or adoption. The
presiding officer shall announce whether it is the first, second, or
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)
Initiative petitions received by the The Secretary of the Senate from the Secretary of State
shall be stamped with the date and time measured in hours and minutes stamp all initiative petitions received by
it from the Secretary of State to verify the date and time of recept 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 forty (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 the members Senators elected and serving for adoption, and the vote shall be by
record roll call. If the alternative measure is adopted by both Hhouses 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 press
their “request to speak” button 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
No
motion shall be debated until stated by the The presiding
officer or Chair shall allow for
debate on any motion before the Senate. Any A motion shall be reduced to writing on the demand of the presiding officer, Chair 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 maker of the motion movant before it is amended or adopted.
3.305
NONDEBATABLE MOTIONS
a)
TheA motions 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 Senator, making the motion, 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 mover movant to one (1) 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 (1) 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 (2)
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 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. In this case, 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 whichthat 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 (6) copies and
all substitutes shall be submitted with five (5) 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 (2/3)
of the Senators elected and serving except as otherwise noted:
a)
Amendment or Repeal of Initiated Law, three-fourths (3/4) 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 (3/4) 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 (2/3) 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 (1/5) 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 stated requiring
a roll call vote is presented to the Senate by the presiding officer or
Chair, and after the time for
debate, no motion shall be in order and no Senator shall be entitled to
speak until the roll call vote is
finished and the result is 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
and the running total. At the direction of the presiding officer, the
Secretary of the Senate shall immediately activate the electronic voting system
for one (1) 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 (1) 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 or Chair 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 or Chair 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 as
the in the discretion of the Senate
Majority Leader deems proper.
3.506
A SENATOR’S RIGHT TO DISSENT
a)
A Senator may dissent from or protest against any act, proceeding, or
resolution whichthat 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 business of Statements.
c)
A Senator may submit a dissent in
writing not to exceed one thousand (1,000) words to be printed in the Journal if:
1)
He or she gives oral notice during session of an intent to file a written
protest, and
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)
All protests submitted in any of the above manners shall be printed in the
Journal, except the The Secretary of
the Senate may refuse to print statements or material 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, orand 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 (1) 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 (5) minutes orally or, if
submitted in writing, shall be no greater than one thousand (1,000) words,
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 itthe 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 (1) 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 whichthat 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 (5) 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
All
The Scretary 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.
shall
be placed items on the order of Third Reading of Bills by
the Secretary of the Senate, and 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 rules
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 (1) of the other sources. In
those instances, they take the same precedence as the source whichthat 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 whichthat 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 (1) 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 (1) 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)
A 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 member members of the media. shall
register on a daily basis at least thirty (30) minutes before the start of
session with the Secretary of the Senate. 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 it is 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 State Senator
or a member of their his or her staff
in the front entry or the hallway behind the Senate rostrum. Notwithstanding Senate rule 3.902, Mmembers of the media,
notwithstanding Senate Rule 3.902, may leave the media’s designated area
and talk with only a currently serving
Senators or a member of their 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 (2) 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 twenty (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
AA) 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 fifteen (15)-minute
period before the Senate convenes and five (5) 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, S204 (E. Lakin Brown Room), S204A, S201, and S207.
Access to the Senate floor shall 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.
1)
No person, other than the following, shall be admitted to the Senate floor:
a)
Currently serving Senators orand Representatives.
b)
The President of the Senate.
c)
The Governor and any necessary security
detail.
d)
Senators or Representatives in Congress.
e)
Former Michigan Legislators Senators.
f)
The Secretary of the Senate and his or her support staff.
g)
Legislative staff as authorized in guidelines issued by the Senate Majority
Leader.
h)
One (1) representative of the Governor, which shall include the Attorney
General or their staff and the Secretary of State and their staff.
i)
Members of the immediate 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 Rule 3.901.
k)
A guest who has been invited by a Senator to offer the invocation, and an
immediate 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).
BB) No person shall engage in any
conduct on the Senate floor during any session of the Senate whichthat 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 outlined in other provided by Senate rules rule, no Senator shall speak on any matter not properly before the
Senate.
3)
No Senator shall speak more than twice in any one (1) 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 which
or subcommittee that reported it
and the chairperson of the subcommittee which considered the matter under consideration. Each speech shall
not exceed five (5) minutes or, if submitted in writing, shall
not exceed one thousand (1,000) words, 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 shall pass between the presiding officer and a Senator who is speaking.
8)
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.
9)
No person other than a Senator shall sit in a Senator’s chair.
10)
No Except as otherwise permitted
by the Senate Majority Leader, no staff shall be allowed on the Senate
floor unless, except they
wait in the majority or minority lounge or the lounge at the rear of the
Chamber, until they are needed
unless the staff is requested by a
Senator and shall then be only
if seated at a Senator’s desk.
11)
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 Rule 3.901.
12)
No smoking shall be permitted on the Senate floor.
13)
All individual electronic devices shall be turned off or on non-audible alert
during Senate session. 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. Failure
to follow a warning issued by the presiding officer or Chair may result
in the device(s) being confiscated for the duration of the session upon
direction of the presiding officer or Chair.
Senator MacGregor 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.
Senators Ananich and Lucido were
named co-sponsors of the resolution.
Senate Concurrent Resolution No. 1.
A concurrent resolution to granting
authority for adjournment for more than 2 days.
(For text
of resolution, see Senate Journal No. 1, p. 4.)
The House of Representatives has
adopted the concurrent resolution.
The concurrent resolution was
referred to the Secretary for record.
Senate Concurrent Resolution No. 2.
A concurrent resolution for the adoption of the Joint
Rules of the Senate and House of Representatives.
(For text of resolution, see Senate Journal No. 1, p.
4.)
The House of Representatives has adopted the
concurrent resolution.
The concurrent resolution was referred to the
Secretary for record.
Senate Concurrent Resolution No. 3.
A
concurrent resolution to prescribing the Joint Convention Rules for the
Legislature.
(For text of resolution, see Senate
Journal No. 1, p. 8.)
The
House of Representatives has adopted the concurrent resolution.
The
concurrent resolution was referred to the Secretary for record.
Senate Concurrent Resolution No. 4.
A concurrent resolution providing
for a joint convention of the Senate and House of Representatives.
(For text of resolution, see Senate
Journal No. 1, p. 8.)
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 Governor
The following messages from the Governor
were received and read:
January 9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Adjutant General
Paul D. Rogers, 25303 Rutledge Crossing, Farmington
Hills, Michigan 48355, county of Oakland, is appointed for a term beginning on
January 1, 2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Agriculture and Rural Development
Gary McDowell, 11585 W. Welch, Rudyard, Michigan
49780, county of Chippewa, is appointed for a term beginning on January 1, 2019
and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Children’s Ombudsman
Lisa McCormick of 7467 Lonsdale Circle, Grand Ledge,
Michigan 48837, county of Ingham, is appointed for a term beginning on January
1, 2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Environmental Quality
Liesl Eichler Clark, 912 N. Michigan Avenue, Howell,
Michigan 48843, county of Livingston, is appointed for a term beginning on January
1, 2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Insurance and Financial Services
Anita G. Fox, 1800 Yosemite Drive, Okemos, Michigan
48864, county of Ingham, is appointed for a term beginning on January 14, 2019
and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Licensing and Regulatory Affairs
Orlene Hawks of 3711 Beech Tree Lane, Okemos, Michigan
48864, county of Ingham, is appointed for a term beginning on January 1, 2019
and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Natural Resources
Daniel Eichinger, 1236 Queens Way, Lake Isabella,
Michigan 48893, county of Isabella, is appointed for a term beginning on
January 1, 2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of State Police
Joseph M. Gasper, 3009 Lake Drive, East Grand Rapids,
Michigan 49506, county of Kent, is appointed for a term beginning on January 1,
2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Technology, Management and Budget
Tricia L. Foster, 1542 Stonegate, East Lansing,
Michigan 48823, county of Ingham, is appointed for a term beginning on January
1, 2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Transportation
Paul Ajegba, 3738 Creekside Court, Ann Arbor, Michigan
48105, county of Washtenaw, is appointed for a term beginning on January 1,
2019 and continuing at the pleasure of the Governor.
January
9, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
State Treasurer
Rachael A. Eubanks of 620 Whitehills Drive, East
Lansing, Michigan 48823, county of Ingham, is appointed for a term beginning on
January 1, 2019 and continuing at the pleasure of the Governor.
January
10, 2019
I respectfully submit to the Senate pursuant to
section 6 of article 5 of the Michigan Constitution of 1963, the following
appointment to office under section 3 of article 5 of the Michigan Constitution
of 1963:
Director of the
Department of Health and Human Services
Mr. Robert Gordon, 1759 Lamont Street, N.W.,
Washington, D.C. 20010, is appointed for a term beginning on January 14, 2019
and continuing at the pleasure of the Governor.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to the Committee on
Advice and Consent.
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
14, 2019
Pursuant to Senate Rule 1.105 I hereby make
appointments to the following Appropriations subcommittees for this the 100th
Legislature.
Agriculture and Rural
Development -
Sen. Victory (Chair), Sen. Daley (Vice Chair), Sen. McCann.
Capital Outlay - Sen.
Horn (Chair), Sen. Outman (Vice Chair), Sen. Zorn, Sen. Runestad, Sen. Bizon,
Sen. Schmidt, Sen. Santana (Minority Vice Chair), Sen. Hertel, Sen. McCann.
Community
Health/Human Services -
Sen. MacGregor (Chair), Sen. Bizon (Vice Chair), Sen. Schmidt, Sen. LaSata,
Sen. MacDonald, Sen. Barrett, Sen. Hertel (Minority Vice Chair), Sen. Irwin,
Sen. Santana.
General Government -
Sen. Stamas (Chair), Sen. Victory (Vice Chair), Sen. Bumstead, Sen. Irwin.
Justice and Public
Safety - Sen.
Barrett (Chair), Sen. Runestad (Vice Chair), Sen. Hollier.
K-12 and Michigan
Department of Education -
Sen. Schmidt (Chair), Sen. Outman (Vice Chair), Sen. Bumstead, Sen. Daley,
Sen. Bayer.
Licensing and Regulatory
Affairs (LARA)/Department of Insurance and Financial Services (DIFS) - Sen.
Nesbitt (Chair), Sen. MacDonald (Vice Chair), Sen. Santana.
Natural Resources and
Environmental Quality - Sen.
Bumstead (Chair), Sen. Outman (Vice Chair), Sen. Victory, Sen. McCann (Minority
Vice Chair), Sen. Bayer.
Talent and Economic
Development/MEDC - Sen.
Horn (Chair), Sen. Schmidt (Vice Chair), Sen. Hollier.
Transportation - Sen.
Schmidt (Chair), Sen. Victory (Vice Chair), Sen. MacGregor, Sen. MacDonald,
Sen. Zorn, Sen. Hollier (Minority Vice Chair), Sen. Bayer.
Universities and
Community Colleges -
Sen. LaSata (Chair), Sen. Horn (Vice Chair), Sen. Bizon, Sen. MacDonald,
Sen. Zorn, Sen. Irwin (Minority Vice Chair), Sen. Hertel.
If you have any questions regarding this matter,
please do not hesitate to contact me.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The subcommittee appointments were approved, a
majority of the members serving voting therefor.
The following communication was received and read:
Office of the Senate Majority Leader
January
14, 2019
Under Legislative Council Rules, Part 2, Rule 2, I
designate Senator Majority Leader Mike Shirkey as Temporary Chair of the
Legislative Council. This will be in effect until the first Legislative Council
meeting of 2019.
Thank you for your attention.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communication was referred to the Secretary for
record.
The following communication was received and read:
Office of the Senate Majority Leader
January
15, 2019
Pursuant to Senate Rule 1.105 I hereby announce the
appointment of Senators to standing committees for this the 100th Legislature.
Standing Committees
Advice and Consent - Sen.
Lucido (Chair), Sen. LaSata (Vice Chair), Sen. Nesbitt, Sen. McBroom,
Sen. Hertel.
Agriculture - Sen.
Daley (Chair), Sen. Victory (Vice Chair), Sen. Lauwers, Sen. Ananich (Minority
Vice Chair), Sen. Polehanki.
Appropriations - Sen.
Stamas (Chair), Sen. Bumstead (Vice Chair), Sen. Barrett, Sen. Bizon, Sen.
LaSata, Sen. MacDonald, Sen. MacGregor, Sen. Nesbitt, Sen. Outman, Sen.
Runestad, Sen. Schmidt, Sen. Victory, 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. MacGregor, Sen. Theis,
Sen. Lauwers, Sen. Schmidt, Sen. McMorrow (Minority Vice Chair), Sen. Geiss,
Sen. Moss.
Education and Career
Readiness – Sen.
Theis (Chair), Sen. Horn (Vice Chair), Sen. Bumstead, Sen. Runestad, Sen.
Daley, Sen. Polehanki (Minority Vice Chair), Sen. Geiss.
Elections and
Government Reform - Sen.
Johnson (Chair), Sen. McBroom (Vice Chair), Sen. Lucido, Sen. VanderWall, Sen.
Wojno.
Energy
and Technology - Sen. Lauwers (Chair), Sen. Horn (Vice Chair), Sen.
LaSata, Sen. Nesbitt, Sen. Barrett, Sen. Bumstead, Sen. Outman, Sen.
McCann (Minority Vice Chair), Sen. Brinks, Sen. McMorrow.
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, 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. Daley,
Sen. Barrett, Sen. Horn, Sen. Geiss (Minority Vice Chair), Sen. Bullock, Sen.
McMorrow.
JCAR - Sen.
Lucido (Chair), Sen. McBroom (Vice Chair), Sen. Theis, Sen. Hollier (Minority
Vice Chair), Sen. Irwin.
Judiciary and Public
Safety -
Sen. Lucido (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.
Oversight - Sen.
McBroom (Chair), Sen. Lucido (Vice Chair), Sen. Theis, Sen. MacDonald, Sen.
Irwin.
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
16th
Senate District
Senate
Majority Leader
The standing committee appointments were approved, a
majority of the members serving voting therefor.
The following communication was received and read:
Office of the Auditor General
January
8, 2019
Enclosed is a copy of the following report:
• Performance
audit report on the Statewide Child Support Program: Establishment of Child
Support Cases and Orders, Michigan Department of Health and Human Services
(431-0701-15).
Sincerely,
Doug
Ringler
Auditor
General
The audit report was referred to the Committee on
Oversight.
The
President pro tempore, Senator Nesbitt, assumed the Chair.
By
unanimous consent the Senate proceeded to
the order of
Introduction and Referral of Bills
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 Nesbitt introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3148 and 3157 (MCL 500.3148 and 500.3157), and by adding sections 3100, 3107c, 3109b, and 3157a.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Lucido introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7523 (MCL 333.7523), as amended by 2016 PA 418, and by adding section 7521a.
The
bill was read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5744 (MCL 600.5744), as amended by 2004 PA 105.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Lucido introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 3330 and 4501 (MCL 500.3330 and 500.4501), the title as amended by 2002 PA 304, section 3330 as amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39, and by adding chapter 63.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Lucido introduced
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 904 and 904a (MCL 257.904 and 257.904a),
section 904 as amended by 2018 PA 212 and section 904a as amended by 1985 PA
53.
The bill was read a first and second time by title
and referred to the Committee on Transportation and Infrastructure.
Senator Lucido introduced
A bill to establish a system for online
verification of automobile insurance; to require automobile insurers to provide
policy information for the online verification system; to provide for the
powers and duties of state governmental officers and entities; to provide
vehicle registration sanctions for the failure to maintain automobile
insurance; to impose fees for vehicle registration reinstatement; and to
require the promulgation of rules.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Lucido introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 227a (MCL 257.227a), as added by 1995 PA 287.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Lucido introduced
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 2018 PA 510.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senators Wojno, Lucido and Polehanki introduced
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; 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
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3104a.
The bill was read a first and second time by title
and referred to the Committee on Insurance and Banking.
Senator Lauwers introduced
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 8, 17, 20, and 22 (MCL 431.308, 431.317, 431.320, and 431.322), as amended by 2016 PA 271.
The bill was read a first and second time by title
and referred to the Committee on Agriculture.
Senator Wojno introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA 589.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Senator Brinks introduced
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 6 (MCL 325.1006).
The bill was read a first and second time by title
and referred to the Committee on Environmental Quality.
Senators Ananich, Hollier, Hertel, Polehanki, Geiss, Irwin, Moss, McMorrow, Bullock, Wojno, Bayer, McCann, Chang and Brinks introduced
A bill to amend 1967 PA 281, entitled “Income tax
act of 1967,” (MCL 206.1 to 206.713) by adding section 272a.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Senators Ananich, Hollier, Hertel, Polehanki, Geiss, Irwin, Moss, McMorrow, Bullock, Wojno, Bayer, McCann, Chang, Barrett and Brinks introduced
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 402.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Senator Barrett introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA 589.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Senator Barrett introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA 589.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Senator Zorn introduced
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. 20, 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. 21, 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. 22, 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 Runestad introduced
Senate Bill No. 23, entitled
A bill to prohibit the theft of mail; to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties and provide remedies.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Lucido, Ananich, Runestad, MacDonald and Barrett introduced
Senate Bill No. 24, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14 of chapter XVII (MCL 777.14h), as amended by 2018 PA 188.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator McBroom introduced
Senate Bill No. 25, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 282a (MCL 168.282a) and by adding section 282b.
The bill was read a first and second time by title
and referred to the Committee on Education and Career Readiness.
Senator McBroom introduced
Senate Bill No. 26, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 3 (MCL 205.703), as amended by 2008 PA 125, and by adding section 38.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Statements
Senator Ananich’s statement is as
follows:
I rise today to honor a true civil
servant, a man who has dedicated his life to furthering the laws of our state.
As a lawyer, John Bollman was
professionally tasked with upholding the Constitution and laws of this land.
But John took a different path. Instead of litigating our laws, Director
Bollman decided to serve our state by drafting the very laws we debate every
day. In a profession where lawmakers will go to any length to take the credit
for writing bills and passing them, and where it takes an enormous amount of
work to get a bill through this Legislature and onto the Governor’s desk, John
and his crew in the Legislative Service Bureau are the folks who work behind
the scenes every day writing our bills and vetting them from a nonpartisan,
legal perspective.
Thank you for your service, John,
and we wish you well in your retirement.
Announcements of Printing and Enrollment
The Secretary
announced that the following bills were printed and filed on Wednesday, January
9, and are available on the Michigan Legislature website:
House Bill Nos. 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018
The Secretary announced that the
following bills were printed and filed on Thursday, January 10, and are
available on the Michigan Legislature website:
House Bill Nos. 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032
Senator MacGregor moved that the
Senate adjourn.
The motion prevailed, the time
being 11:14 a.m.
The President pro tempore, Senator
Nesbitt,
declared the Senate adjourned until Wednesday, January 16, 2019, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate