No. 96

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Thursday, December 17, 2020.

 

12:00 noon.

 

 

The Senate was called to order by the Assistant President pro tempore, Senator Lana Theis.

 

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

 

 

Alexander—present                                  Horn—present                                      Outman—present

Ananich—present                                     Irwin—present                                      Polehanki—present

Barrett—present                                       Johnson—present                                 Runestad—present

Bayer—present                                         LaSata—present                                   Santana—present

Bizon—present                                         Lauwers—present                                 Schmidt—present

Brinks—present                                        Lucido—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 Adam Hollier of the 2nd District offered the following invocation:

Colleagues, it is called the season of Advent and Advent focuses on three things: thankfulness and gratefulness; joy and hope; and great expectations for the coming year. So I’d just like to share that with you as we think forward. 2020 was something of a challenging year for all of us and I’ve been kind of a lucky member of my family. It was my dad’s badge number and a year I had been looking to, but it was obviously not the year that anybody expected. But I’m grateful to be here. As we think about all the close calls that we’ve all had with people we’ve lost, friends that we did not get to mourn, people we will never see, moments that we’ve lost—marriages, weddings, friendships. My family had the birth of a child and it was a very different experience doing that alone in the hospital with no visitors.

But still there is so much joy, so much hope, and so many opportunities to think about and to celebrate these moments. I have a six-week-old child who has to this point only scared me half to death once when he was unresponsive and I had to do CPR and I had that moment where I thought, ‘Thank God I know how to do this. Thank God I was here. Thank God I was awake.’ All of you who have children know that it’s no easy task to be awake when your child is supposed to be asleep. He’s been to two emergency rooms and he’s healthy. We were able to get him in and I’m so grateful.

I’m grateful for all the work that we have done. And it has brought joy across this country as we talk about the criminal justice reform bills, the changes in auto insurance—all the policies that we’ve worked on that have made a difference in the lives of Michiganders—made a difference. We brought hope to people and will continue to do so. And as we look forward—as we close on the last day of the 100th Legislature—remember we have one day left. We have one day left to meet those expectations, to look forward and say, ‘In this 100th Legislature we did amazing things. We took care of people, we honored God’s will, we did our very best.’ And let’s look forward to the 101st, where many of us will be back—with exclusion of our two Petes whom we will miss dearly. We expect to do great things. We expect to work better together, to honor each other, and to continue to do God’s work. So today, I remind us that we have one day. And I’m grateful and thankful and hopeful and joyful that we have one day left to do amazing things as we look forward to the 101st Legislature, where we will be back to do even better things.

 

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

 

 

Motions and Communications

 

 

Senator MacGregor moved that Senators Stamas, Johnson and Lauwers be temporarily excused from today’s session.

The motion prevailed.

 

Senator Chang moved that Senators Moss, Santana and Ananich be temporarily excused from today’s session.

The motion prevailed.

 

 

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

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

 

Senator Ananich entered the Senate Chamber.

 

 

Senator MacGregor moved that a respectful message be sent to the House of Representatives requesting the return of the following bill:

House Bill No. 5851

The motion prevailed.

 

 

Senator MacGregor moved that the Committee on Appropriations be discharged from further consideration of the following concurrent resolution:

House Concurrent Resolution No. 10.

A concurrent resolution to approve the State Officers Compensation Commission determinations.

The motion prevailed, a majority of the members serving voting therefor, and the concurrent resolution was placed on the order of Resolutions.

Senator MacGregor moved that the Committee on Government Operations be discharged from further consideration of the following bill:

House Bill No. 6333, entitled

A bill to amend 1893 PA 58, entitled “An act to provide for selecting seats for members in the hall of the house of representatives,” by amending section 1 (MCL 4.61).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Senator MacGregor moved that the Committee on Education and Career Readiness be discharged from further consideration of the following bill:

House Bill No. 5836, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Senator MacGregor moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 6333

House Bill No. 5836

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

 

 

Senator MacGregor moved that rule 3.902 be suspended to allow the guests of Senators Shirkey and MacGregor admittance to the Senate floor.

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

 

Senator Johnson entered the Senate Chamber.

 

The President, Lieutenant Governor Gilchrist, assumed the Chair.

 

Senator MacGregor moved that the rules be suspended and that the following concurrent resolution, now on the order of Resolutions, be placed on the Resolutions calendar for consideration today:

House Concurrent Resolution No. 10

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

 

Senator Lauwers entered the Senate Chamber.

 

Senators Shirkey and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Shirkey’s statement is as follows:

It’s a bittersweet day in the Michigan Senate today as we say goodbye to our friend—my friend—
Mike Ferland.

Now you, sir, you look like a wrestler. Our Chief of Police is retiring after protecting and serving the Senate for the past 28 years. While it is hard to imagine the Senate Chamber without Mike’s warm presence and his watchful eye, we are all very excited for Mike as he prepares to embark on this next stage of life with Tina and your family.

Mike joined the Senate in 1992 as Assistant Sergeant at Arms and was promoted quickly to Chief Sergeant in 2001. In his role as chief, Mike has overseen a great deal of successful change, including the transition of the Senate Sergeant at Arms Security department into an official police department in 2002.

Mike, you have played a key role in the implementation of state-of-the-art security systems and additionally, and importantly, you recently worked with the Senate Business Office to develop and implement a physical security training program for all Senators and employees. And through it all, Mike, you have continued to guide your team as they worked together to protect our institution. We are all very comfortable knowing that even though you will be abandoning ship, you have trained a great group of guys and have instilled your personal commitment, work ethic, and passion in each and every one of them.

Now when you retire, I am confident that Mike looks forward to spending more time with his wife Tina, and his kids, Jacob, Morgan, Maya, and Chris—most of whom are here today. He is also excited to finally be able to take buffalo, elk, and caribou hunting expeditions to Alaska and out west, as well as—and this is important—continuing the pursuit of that perfect buck on your property for me. Mike has spent the last few years building a majestic pole barn that I’ve had the privilege of visiting in the middle of his woods on their 65 acres as they prepare to build their retirement home, including planting 50 fruit—apple and pear—trees every year and now, sir, you’ll be able to begin to enjoy the fruits of your labor.

Your cement-block head, your meat-hook hands, and your oversized heart will be greatly missed and
I believe I speak for all of us in saying that this retirement is well-deserved and that Mike’s devotion to his job and those he served will have a lasting and impactful impression on this institution and all of us. Our friend, Chief Ferland—please help me deliver a heartfelt and warm acknowledgement of a well-deserved retirement to our friend, Chief Mike Ferland.

 

Senator Ananich’s statement is as follows:

I rise with my good friend and colleague, Senator Shirkey, to say a few words, about all-of-our good friend, Mike.

Over the last seven and a half years I have become very close to Mike, and, those of you who knew me as a kid, it may surprise many of my friends that I’m spending time with a police officer with my hands not behind my back. But as we’ve all gotten to know Mike, whether it’s in two years or six for some of us or even a little longer for me, he’s shown a dedication to the job that’s only matched by his dedication to his family.

Most mornings I’d stand right where the other chief is at and talk to Mike, usually about three things: his wife, or his daughters and son, often talking about the volleyball game, which almost always led to the hamburger place that he stopped at when he’d pick up Bagger Dave’s—wherever they were playing, they are obviously accomplished athletes. As I mentioned before, his family and how proud he was of them, how much he cared about them, how much he looked forward to spending time with them even more when he retired. He’d like to talk about his tie because Mike believes, as do I, that it doesn’t really matter what you wear, the one thing that people look at is the tie. So he always had a beautiful tie on even if he had a stain on his shirt, which he didn’t ever have but if he did. And no surprise, talking to me, we talked about food, often talking about the best barbecue place in the area or where we traveled. I stopped up in Wayne’s district once, at Java Joes in St. Ignace because Mike recommended it. Every place he recommends—if you ever get a recommendation for a place to eat from Mike, I suggest you take it.

He’s tremendous at a lot of things, but I think even better than his job is his ability to pick out a great restaurant wherever he goes. I was going to take a couple of fun shots. I guess I took a few already. He’s just a deeply good human being and we are all better for having gotten to work with him. He’s trained a great crew of folks to stay on and to do the tremendous work they do for us every day. But it’s just been a pleasure to get to know you Mike.

 

Senators Moss and Santana entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Messages from the House

 

 

The House of Representatives requested the return of:

Senate Bill No. 1254, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1c (MCL 780.621c), as added by 2020 PA 187.

Senator MacGregor moved that the request of the House of Representatives be granted.

The motion prevailed.

 

 

Recess

 

 

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

The motion prevailed, the time being 12:38 p.m.

2:04 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator Stamas entered the Senate Chamber.

 

Senator MacGregor moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 681

The motion prevailed.

 

 

Senate Bill No. 681, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2018 PA 142, and by adding section 18t to chapter XIIA.

(This bill was returned from the House on December 16 with a House substitute (H-1), immediate effect and full title, and was laid over under the rules. See Senate Journal No. 95, p. 2453.)

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 575                                                 Yeas—37

 

 

Alexander                              Geiss                           MacGregor                                  Santana

Ananich                                  Hertel                         McBroom                                    Schmidt

Barrett                                    Hollier                        McCann                                      Shirkey

Bayer                                      Horn                           McMorrow                                  Stamas

Bizon                                      Irwin                           Moss                                           Theis

Brinks                                     LaSata                        Nesbitt                                        VanderWall

Bullock                                   Lauwers                      Outman                                       Victory

Bumstead                               Lucido                        Polehanki                                    Wojno

Chang                                     MacDonald                Runestad                                     Zorn

Daley                                                                                                                            

 

 

                                                                               Nays—1

 

 

Johnson                                                                                                                        

 

 

                                                                            Excused—0

 

 

                                                                          Not Voting—0

 

 

In The Chair: President

 

 

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the full title.

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

 

 

Senate Bill No. 682, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 28 of chapter XIIA (MCL 712A.28), as amended by 1998 PA 478.

(This bill was returned from the House on December 16, with a House substitute (H-1), immediate effect and full title, and was laid over under the rules. See Senate Journal No. 95, p. 2453.)

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 576                                                 Yeas—34

 

 

Alexander                              Geiss                           McBroom                                    Schmidt

Ananich                                  Hertel                         McCann                                      Shirkey

Barrett                                    Hollier                        McMorrow                                  Stamas

Bayer                                      Horn                           Moss                                           Theis

Bizon                                      Irwin                           Nesbitt                                        VanderWall

Brinks                                     Lauwers                      Outman                                       Victory

Bullock                                   Lucido                        Polehanki                                    Wojno

Chang                                     MacDonald                Santana                                       Zorn

Daley                                      MacGregor                                                                    

 

 

                                                                               Nays—4

 

 

Bumstead                               Johnson                      LaSata                                         Runestad

 

 

                                                                            Excused—0

 

 

                                                                          Not Voting—0

 

 

In The Chair: President

 

 

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the full title.

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

 

 

Senate Bill No. 1105, entitled

A bill to provide for the exemption of certain renewable energy facilities from certain taxes; to levy and collect a payment in lieu of those taxes as to those facilities; to provide for the disposition of the payment in lieu of taxes; to provide for the obtaining and transferring of exemption certificates for certain renewable energy facilities and to prescribe the content of those certificates; and to provide for the powers and duties of certain state and local governmental officers and entities.

(This bill was returned from the House on December 16, with a House substitute (H-2), immediate effect, and was laid over under the rules. See Senate Journal No. 95, p. 2454.)

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 577                                                 Yeas—25

 

 

Ananich                                  Horn                           McBroom                                    Shirkey

Barrett                                    LaSata                        McCann                                      Stamas

Bizon                                      Lauwers                      Nesbitt                                        Theis

Bumstead                               Lucido                        Outman                                       VanderWall

Daley                                      MacDonald                Runestad                                     Victory

Hertel                                     MacGregor                 Schmidt                                      Zorn

Hollier                                                                                                                          

 

 

                                                                              Nays—13

 

 

Alexander                              Chang                         Johnson                                       Polehanki

Bayer                                      Geiss                           McMorrow                                  Santana

Brinks                                     Irwin                           Moss                                           Wojno

Bullock                                                                                                                         

 

 

                                                                            Excused—0

 

 

                                                                          Not Voting—0

 

 

In The Chair: President

 

 

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

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

 

 

Senate Bill No. 1106, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7yy.

(This bill was returned from the House on December 16, with a House substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 95, p. 2454.)

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 578                                                 Yeas—25

 

 

Ananich                                  Horn                           McBroom                                    Shirkey

Barrett                                    LaSata                        McCann                                      Stamas

Bizon                                      Lauwers                      Nesbitt                                        Theis

Bumstead                               Lucido                        Outman                                       VanderWall

Daley                                      MacDonald                Runestad                                     Victory

Hertel                                     MacGregor                 Schmidt                                      Zorn

Hollier                                                                                                                          

 

 

                                                                              Nays—13

 

 

Alexander                              Chang                         Johnson                                       Polehanki

Bayer                                      Geiss                           McMorrow                                  Santana

Brinks                                     Irwin                           Moss                                           Wojno

Bullock                                                                                                                         

 

 

                                                                            Excused—0

                                                                          Not Voting—0

 

 

In The Chair: President

 

 

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title as amended.

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

 

 

Senate Bill No. 1246, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending sections 3 and 3a (MCL 15.263 and 15.263a), section 3 as amended and section 3a as added by 2020 PA 228.

(This bill was returned from the House on December 16, with amendments, immediate effect and full title, and was laid over under the rules. See Senate Journal No. 95, p. 2455.)

The question being on concurring in the amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 579                                                 Yeas—37

 

 

Alexander                              Geiss                           MacDonald                                 Santana

Ananich                                  Hertel                         MacGregor                                  Schmidt

Barrett                                    Hollier                        McCann                                      Shirkey

Bayer                                      Horn                           McMorrow                                  Stamas

Bizon                                      Irwin                           Moss                                           Theis

Brinks                                     Johnson                      Nesbitt                                        VanderWall

Bullock                                   LaSata                        Outman                                       Victory

Bumstead                               Lauwers                      Polehanki                                    Wojno

Chang                                     Lucido                        Runestad                                     Zorn

Daley                                                                                                                            

 

 

                                                                               Nays—1

 

 

McBroom                                                                                                                     

 

 

                                                                            Excused—0

 

 

                                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the full title.

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

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Senator MacGregor moved to reconsider the vote by which the following bill was passed:

House Bill No. 5832, entitled

A bill to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending sections 100a, 100b, 161, 409, and 439 (MCL 330.1100a, 330.1100b, 330.1161, 330.1409, and 330.1439), section 100a as amended by 2018 PA 595, section 100b as amended by 2020 PA 55, section 161 as amended by 2012 PA 500, section 409 as amended by 2018 PA 593, and section 439 as added by 1986 PA 118, and by adding sections 273a, 273b, 971, 972, 973, 974, 975, 976, 977, 978, and 979.

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

The question being on the passage of the bill,

Senator Stamas offered the following substitute:

Substitute (S-3).

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 580                                                 Yeas—38

 

 

Alexander                              Geiss                           MacGregor                                  Santana

Ananich                                  Hertel                         McBroom                                    Schmidt

Barrett                                    Hollier                        McCann                                      Shirkey

Bayer                                      Horn                           McMorrow                                  Stamas

Bizon                                      Irwin                           Moss                                           Theis

Brinks                                     Johnson                      Nesbitt                                        VanderWall

Bullock                                   LaSata                        Outman                                       Victory

Bumstead                               Lauwers                      Polehanki                                    Wojno

Chang                                     Lucido                        Runestad                                     Zorn

Daley                                      MacDonald                                                                   

 

 

                                                                               Nays—0

 

 

                                                                            Excused—0

 

 

                                                                          Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved to reconsider the vote by which the following bill was passed:

House Bill No. 5298, entitled

A bill to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending sections 100b and 100c (MCL 330.1100b and 330.1100c), section 100b as amended by 2020 PA 55 and section 100c as amended by 2020 PA 99, and by adding section 137a.

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

The question being on the passage of the bill,

Senator Johnson offered the following substitute:

Substitute (S-2).

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

Senator Johnson offered the following substitute:

Substitute (S-3).

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 581                                                 Yeas—38

 

 

Alexander                              Geiss                           MacGregor                                  Santana

Ananich                                  Hertel                         McBroom                                    Schmidt

Barrett                                    Hollier                        McCann                                      Shirkey

Bayer                                      Horn                           McMorrow                                  Stamas

Bizon                                      Irwin                           Moss                                           Theis

Brinks                                     Johnson                      Nesbitt                                        VanderWall

Bullock                                   LaSata                        Outman                                       Victory

Bumstead                               Lauwers                      Polehanki                                    Wojno

Chang                                     Lucido                        Runestad                                     Zorn

Daley                                      MacDonald                                                                   

 

 

                                                                               Nays—0

 

 

                                                                            Excused—0

 

 

                                                                          Not Voting—0

 

 

In The Chair: President

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator MacGregor moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 157

Senate Resolution No. 156

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

 

 

Senator Shirkey offered the following resolution:

Senate Resolution No. 157.

A resolution of tribute for the Honorable Peter MacGregor.

Whereas, It is a great honor to congratulate Senator Peter MacGregor as he concludes his services in this legislative body and takes on his new role as Kent County Treasurer. Senator MacGregor’s hard work and commitment to improving the lives of the people of the Twenty-eighth District and our entire state have been a great asset to the Senate during his time in office; and

Whereas, A graduate of Michigan State University, Senator MacGregor has long been active in public life in his Kent County community. He served as a township trustee, supervisor, and planning commissioner in Cannon Township and served two terms in the House of Representatives before his election to the Senate in 2014. Senator MacGregor was also a long-time small business owner; and

Whereas, Senator MacGregor has played an important role shaping policy and shepherding the work of this legislative body during his six years in the Senate, including as lead sponsor of more than four dozen public acts. He has been a critical member of the Appropriations Committee for his entire tenure in the Senate, serving as vice chair of the committee and on the Senate Fiscal Agency Governing Board during his first term. He has been the chair and vice chair of the Health and Human Services subcommittee, and a member of the Capital Outlay, Environmental Quality, Higher Education, and Transportation subcommittees. In addition, he has served as chair of the Oversight Committee and as a member of the Banking and Financial Institutions, Commerce, Economic Development and International Investment, Economic and Small Business Development, and Regulatory Reform committees. His colleagues have also relied on him to manage the flow of legislation on the Senate floor during the current term, electing him Majority Floor Leader; now, therefore, be it

Resolved by the Senate, That we offer this expression of tribute to commend and thank the Honorable Peter MacGregor for his notable contributions to this legislative body and our state; and be it further

Resolved, That copies of this resolution be transmitted to Senator MacGregor as evidence of our gratitude and best wishes.

The question being on the adoption of the resolution,

The resolution was adopted by a unanimous standing vote of the Senate.

Senator MacGregor moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

 

 

Senator MacGregor asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator MacGregor’s statement is as follows:

I have some allergies so bear with me. You’d think I’ve served on every committee with that, and thank you for the ‘MacGruber’—I answer pretty much to anything, but that’s awesome. I just lost the over/under of getting choked up so someone just made a ton of money on the over/under; I apologize for those who thought I could make it more than three minutes—seconds, exactly.

I wasn’t looking forward to having to do this because that meant the conclusion of what I love is nearing and my time here is almost over, so please bear with me. It’s those allergies in the winter, I tell you, they kill me. These speeches can get quite emotional at times and I believe that there’s going to be moments here that you’re just going to have to bear with me. I keep telling myself that there’s no crying in baseball, right? There’s no crying in baseball. Great movie, for those who love movies, A League of Their Own, so keep thinking—there’s no crying in baseball.

It’s tough to leave something that you love—in this case a job or a passion—and I’m not a fan of farewells or goodbyes. I’m more of an ‘Until we meet again’ type of person. This speech is not a farewell speech. This is going to be hopefully a short speech if I can get through it here, and it’s my thank-you speech to the many of you whom I’ve had the privilege and honor of working with in this wonderful institution—the State Senate. Before I start thanking specific people—and I won’t thank you all but you’re all in my heart—I do think it’s important to express what I’m thankful for. I’m thankful for being able to do the work I love. I’m thankful for the friends who keep me laughing, especially those who said “no,” and they also keep me grounded. I’m thankful for the freedoms that I have in this great country and this great state, and I’m thankful for God’s grace and the joy it brings to me.

So here I go, Mr. President. Many of you are hoping for some comical relief or funny stories that I’d love to tell, but unfortunately—or maybe I should say fortunately—I must respect the decorum of this institution and most of my stories over the last six years would just end up embarrassing my friend from the 37th District. I’m not going to try to bore you and have a long, drawn out speech about my accomplishments or some inside jokes that only one or two can laugh about, or even some personal stories that I’ve been part of since 2011 serving in the Legislature. I’m not going to do that, I’m sorry. Those types of memories are for me and for me only for me to remember and enjoy over the rest of my life. Now that I’ve said that, and since a sigh of relief, I want to say, ‘You’re welcome Wayne and Jim and Mike and Patty’ for not embarrassing you today.

Mr. President, colleagues, over time you and I will probably forget what we’ve done together or what we’ve said to each other—good and bad—during the time we’ve spent here, and that’s OK. That’s why we keep records and have Journals. What the Journals cannot capture are relationships and the fellowship we have amongst each other. I’ll never forget how this institution has made me feel and more specifically the awesome impression that the people who I’ve had the pleasure of working with have given me over the last six years here in the Senate. It still gives me chills every time in session that we start with an invocation and then the Pledge of Allegiance. I hope we never lose that.

I do want to start with a thank you to those who have worked so hard behind the scenes—and everybody talks about it in their thank-you speech—but I just think it’s so important that this body works so efficiently and functions so, it seems, effortlessly. I want to thank the support staff; the amazing maintenance staff; the facilities staff, the people who clean up after us; the remarkable docents, even under these situations they’re still giving tours; the awesome Session Staff; the IT staff I want to thank—boy do they have a lot of patience, especially for those who are over 30. I want to thank the clerks who help us run our policy and appropriations meetings; our photographers and communications team; sergeants—Mike Ferland and his team. Gary, I don’t know, you’ve got to be violating something, not sure what it is, probably just good taste, I don’t know. Of course, I want to thank our Senate Fiscal Agency and the Senate policy teams. It’s really been a pleasure and I really apologize if I miss someone—it’s not my intent.

I’ve been part of a few great teams here in the Senate and I’m a huge believer that teamwork and exchange of ideas provide a clear vision and can help any challenge that is in front of us if you have a good team. A strong team makes being a leader much more efficient and much easier. As a Senator, it is my job to learn a little bit about everything from the people who know everything about something. It’s the strength of the team that creates success. One of those teams I’m proud to be part of is the Department of Health and Human Services appropriations team. I do need to give a shout-out to a few people—well, all the people—on that team because it’s so important. Without you, this whole thing would have been futile and I would have bombed miserably. Obviously Patty helped command this ship, but I’ll get to you in a little bit. I want to thank Steve Ancelotti, John Maxwell, Ellen Ackerman, all from our Senate Fiscal Agency, for keeping me focused and on track during the budget process and for being instrumental and invaluable fiscal gurus. It’s amazing what they know and the knowledge they have and have to retain. Thank you. Thank you to
Carmen Siciliano and Danielle Devine, both on our Republican policy team, who always kept me prepared, informed, helped me figure out those narratives that were very, very complex, and helped with all those difficult issues within the budget. These are all wonderful advisors and awesome teammates. The DHHS dream team never complained about the work that I asked them to do—which was most of it—and they never complained about the crazy schedule it took to put that massive budget together. They never said “no” to a challenge I gave them. Thank you for helping me be a successful appropriations subcommittee chair.

Two other—excuse me, allergies, I tell you—Senate Republican policy members I enjoyed working with not only because of their excellent work ethic but because they never stopped helping me. Thank you
Nikki Brown and Tom Davis. Thank you both for always guiding me through some really difficult legislation and complicated appropriations. I really appreciate all your help. Thank you.

One other specific person from the policy team that I want to say thank you to is someone who I will always think more of as a friend or even a brother than a work colleague. I’ve known and worked with
Dan Dundas since I first took office in 2011. He taught me a lot about the importance of helping the most vulnerable populations as well as good public policy and maybe together we’ve witnessed a couple very awkward meetings with some certain department directors. Dan and I have worked on lots of issues over the last decade and I really can’t say enough about him and our work together. I appreciate you always having my back Dan. Thank you.

There are so many more people I’d personally like to give thanks or a shout-out to, but it just isn’t feasible. There’s too many of them. A shout-out isn’t personal enough for me and time is running out, so there are still some in this room; some in the House Chamber, some Representatives like Afendoulis, Huizenga, Brann, and Albert; some individuals in the lobby, some on the tiles; some who are listening in their office or from their home; some are former colleagues and some are former staff. I hope to touch base with you during the next few days and over the Christmas break to personally thank you. I’ve built lots of bonds and friendships over the past ten years and there just isn’t enough time to mention each and every one of them.

Mike Shirkey, Jim Stamas, Wayne Schmidt, Ken Horn, and Dale Zorn were all part of the Class of 2014 who came back. Thank you for your support and especially your trust, your loyalty, and your friendship. I hope to stay close to each and every one of you over the coming years. Most importantly—most importantly—I will certainly need your help to appoint someone else to pick on Wayne. And I know I pick on my friend from the 37th District a lot—maybe too much—but it’s simply because the Senator from the 37th District is way too easy to pick on. It’s like shooting fish in a barrel over there. However, on a more serious note I want you to know that I really do appreciate the respect and the kindness as well as the humor that the Senator from the 37th District offers to all. Wayne, you have a servant’s heart and I’ll definitely miss that and you.

Ed McBroom—nice tie—Rick Outman, Aric Nesbitt, Jon Bumstead, as well as our Secretary of the Senate, Margaret O’Brien, we were all part of the same freshman class from the 2010 election. We helped create an incredible environment for our citizens in this state while in the House of Representatives. Knowing that you are here in the Senate gives me hope and confidence for our state. Thank you.

My friend from the 35th District, Curt, you are one of the most authentic individuals I know, both on the field and off. Thank you for your friendship.

Another friend I’ve known my whole time here, he’s been kind of a mentor, he’s from the 36th District, Jim. Thanks for always looking out for me and being a friend.

Mr. Majority Leader, Y.A.F.W.Y.A.L.F., ish, L.M.N.O.P. You know what it means. Thank you, thank you for the confidence in me and trusting me, and you have undeniably made me a better legislator. You always bring out the strength in others. Thank you, sir.

My friends from the 27th and 23rd Districts, you probably thought I’d forgotten about you. Thanks for understanding that friendship is deeper than political differences. Thanks for understanding that it’s alright to have different opinions and that we can still respect each other. Thank you.

Senator Lauwers, the new floor leader, good luck. Good luck taking over this motley crew. It’s rough. The Session Staff is absolutely amazing. It’ll be a smooth transition, and now Ken can have you spitting on the back of his head instead of me.

Jeremy Hendges, you probably have one of the hardest jobs in this building. I want you to know that you and your team have been a pleasure to work with over the past year. You, Connor, Matt, Amber, Darin, and Bill, job well done.

I’m getting there. The last few people I want to thank are the hardest. These are the individuals who are more than just staff to me. This is my team. They are the unsung heroes of the 28th District. My success originates with my team. Hannah Kissling, thank you for being on the front lines for me. It’s a thankless job, but I want to thank you. Thank you for being the solid gatekeeper and for listening, committing, and following through to all the constituents in the 28th District. Rob VerHeulen, thank you for being my eyes, my ears, and my voice in my district for the past two years. The term ‘stateman’ comes to mind when I think of Rob. Anyone who has ever worked with him understands what I’m talking about—skilled, respected, and experienced, and he always plays by the rules. Thank you Rob. Leah Maher, my L.D., she’s now joined another team that will never be as good as her first team with me, but that’s alright. She’s with Senator Stamas now. Leah is the one who made me look good in front of all the committee hearings. She prepared me; in fact, she always overprepared me for every meeting, every hearing, every speech, every engagement, Leah always gave me 100 percent. Even her family helped. Her daughters never missed a parade, it was awesome. Thank you Leah for your commitment, your dedication, and your compassion.

Amy Shaw, my success here in this chamber is because of you. Your understanding of the protocols, the procedures, the motions, the rules, it’s mind-boggling. You’re so valuable to this chamber and to me.
I appreciate the work you do to make my job as floor leader look easy. There aren’t many people who get or even understand my sense of humor—it’s kind of an acquired taste—but Amy is one who does and I treasure that bond. Thank you Amy.

Patty, Patty Hertrich, always working for me, and she always tells me that too—’Pete, I’m always working for you’—and that’s awesome. Words like ‘intelligent,’ ‘dependable,’ ‘knowledgeable,’ ‘trustworthy,’ and ‘compassionate’ are just a start describing Patty. Great chiefs not only aim to always be sure that you are prepared and sound intelligent, but they’re always willing to take all those arrows and the heat off the boss when the stuff hits the fan. I value and cherish your loyalty and especially your friendship. You have been my conscience here in Lansing and someone I can always count on. You are so enjoyable to work with and pick on—she’s so gullible. I will miss your unselfishness, your thoughtfulness, and your devotion to the team. Thank you Patty.

I love what I do. I hold dear to the people I work with. I pray that I’ve not let the five of you down. You will always be my team, and I will miss working with you all.

Mr. President, I’m nearing the end so please bear with me for just a moment longer. You’ll be able to hear from re-Pete after this. I also want to thank the citizens of the 28th District in Kent County, the people who entrusted me with their representation. Without that trust, I wouldn’t be here. So many who have helped me in the campaign and many who have helped me with policy and legislation, I’m so grateful to all those who have helped me serve here in the Legislature. There are two constituents I specifically need to mention, out of the 290,000 out there, but two that I need to talk about. Two neighbors who just thought, ‘Hey, let’s stop by the corner bar in Rockford and enjoy one or two adult beverages. Sure, no problem.’ Three of us went in. Little did I know it was a setup. I bit that hook hard, and boy did they land a lunker. Bill Jackson and Dave Bilardello, thank you. If not for these two friends who convinced me to run for state office 12 years ago, almost to the day, I would never have been here and had the honor to serve the constituents of the 28th District. Thank you gentlemen.

Finally, most importantly, I need to thank and voice how lucky and grateful I am. I have a family who stood next to me—they couldn’t be here today—the last 12 years during good times and during really difficult times, both on the campaign trail and in the Legislature. My wife for almost 29 years, Christine, many of you who have met her and know her know her as Chrissie, she couldn’t be here today and that’s alright, and my three sons, Patrick, John, and Matthew. Thank you for your love, your support, your patience, and especially keeping me humble.

Mr. President, I’d like to close with two favorite quotes of mine. As much as I wanted them to be or have a quote from the movie Tommy Boy, it’s not, but these quotes hit the nail on the head regarding serving in this chamber. One by a former President, the 26th President, and the other by a great author. The first quote goes along with a phrase that I often use here in the Senate and it all started because of some inappropriate words my boys used at the dinner table. The first quote by President Theodore Roosevelt, one of my favorite Presidents, goes like this: “The most important single ingredient in the formula of success is knowing how to get along with people.” “The most important single ingredient in the formula of success is knowing how to get along with people.” Simply put, I think Teddy was telling us to not be a—I don’t know if I should say it but I’m going to—don’t be a Richard. It’s amazing. Getting along with others is so important.

Mr. President, sometimes an opportunity comes along that forces a consideration for change, and that change is a sacrifice, but it’s only a sacrifice when we give up something that is great for something that is better. I’m unquestionably leaving this chamber as a better listener and I always have strived to be the voice of reason and compassion as a legislator. My advice to colleagues both present and future is that this job does not and should not ever define you. An oath that we took does not make the person; the person makes the oath that we took.

My second favorite quote is one that comes from a mastermind of a storyteller—Dr. Seuss. He wrote, “Don’t cry because it’s over. Smile because it happened.” Mr. President, happiness is a choice and I have no regrets. I’m still as happy leaving this chamber as I was coming in. It’s been an honor to serve here and until next time we meet again, thank you Mr. Leader and Mr. President.

 

 

Senator Shirkey offered the following resolution:

Senate Resolution No. 156.

A resolution of tribute for the Honorable Peter J. Lucido.

Whereas, It is a pleasure to recognize Peter Lucido as he concludes his service in the Michigan Senate. Senator Lucido served the people of this state, especially his constituents in the Eighth District in Macomb County, with great passion over the last two years; and

Whereas, Senator Lucido holds degrees from Macomb Community College, Oakland University, Central Michigan University, and the Detroit College of Law and has been a practicing attorney for over 30 years. His commitment to the well-being of his community long predates his time in Lansing. He founded and publishes Macomb Now Magazine and has been a member of numerous local service organizations and boards, including the Kiwanis Club of Shelby Golden K and the Knights of Columbus. His dedication to the community earned him induction into the Macomb Hall of Fame; and

Whereas, Elected to the Senate in 2018 after serving two terms in the Michigan House of Representatives, Senator Lucido used his legal expertise to work hard for his constituents and the people of this state. He served as Majority Caucus Whip and chair of the Judiciary and Public Safety Committee and the Joint Committee on Administrative Rules. He was vice chair of the Oversight Committee and an active member of the Elections Committee. In addition to his standing committee assignments, he was a member of the Michigan Law Revision Commission, the Attorney General’s Elder Abuse Taskforce, the Michigan Commission on Uniform State Laws, and the Criminal Justice Policy Commission. He sponsored several criminal justice bills, including legislation to raise the age of who is considered an adult in the criminal justice system; now, therefore, be it

Resolved by the Senate, That we offer this expression of tribute to commend and thank the
Honorable Peter J. Lucido for his notable contributions to this legislative body and to our state; and be it further

Resolved, That copies of this resolution be transmitted to Senator Lucido as evidence of our gratitude and best wishes.

The question being on the adoption of the resolution,

The resolution was adopted by a unanimous standing vote of the Senate.

Senator MacGregor moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

 

 

Senator Lucido asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Lucido’s statement is as follows:

Colleagues, friends, and distinguished guests, I rise today to bid you all farewell to this institution and to the Legislature.

Now you see, I had two versions and I just didn’t know which one to select, so I’ve decided after Pete’s speech that I had to go ahead with ‘Alternative Farewell to the Legislature 2.’ So I rise to say farewell to my colleagues and to this Legislature.

During my time here, I have done my best to work for the common-sense solutions to address real problems that are felt by the people who I represented. Whether it was restricting civil asset forfeiture, deterring cyber bullying, raise the age, protecting the elderly and the vulnerable, or ensuring a brighter tomorrow for our children, my legislative focus has been on helping the people. And most, if not all, of the legislation I had signed into law has enjoyed broad bipartisan support. This is the legislative work which I am most proud of.

Of course, none of the success would have been possible without the support of a great many other people. First and foremost, my family. They have given me unending support throughout my time in the legislative office, not to mention on the campaign trail. We all know that when we as candidates throw our hats into the ring of politics, we will face a lot of long days and nights as well as negative attacks, baseless accusation, and personal smears. But it is often unspoken, and truly unfortunate, that our families also face and feel those sharp barbs. So I say to you, thank you and I love you, Anne Marie, my wife; my daughters, Briana and Nina; my son Peter; my beloved mother, Anne; and my late father, Peter—may he rest in peace. You all have given me more support, strength, and motivation than you can possibly know.

I also want to extend my sincere gratitude to the many legislative staffers with whom I have had the honor and the privilege and the pleasure to work. Though there have been too many to list, I feel I must mention a few. My chief of staff, Scott Ray—fondly known as ‘Baby Ray’—who has been with me since the House days, and to whom I’m grateful for his professionalism, institutional knowledge, selfless dedication, and tireless work ethic. And all of the dedicated staffers who have served in my office, including Justin Carpenter, Chris Beal, Tim Cook, Mike Sullivan, as well as an army of talented interns.

Now, to the people that really make us sound well and to the communications and the policy staff under Matt Sweeney and Dan Dundas, I say ‘thank you.’ Notably, Tom Davis, Nikki Brown, Katherine Japinga, Dan Waun, Casey VanderWeide, Jon Shiflett, Danielle Devine, Evan Keimach, Christine Simon,
Adam Bitely, Rich Miller, and Pattrick Yockey, just to name a few.

The many talented folks on the Majority Leader’s staff, such as Jeremy Hendges, Darin Ackerman, Connor Spalding, Bill Stone, and Cole Lussier; the many exceptional members of the House and Senate Fiscal Agencies and the Legislative Service Bureau—you people are all invaluable to the process and every one of you can be justifiably proud of your contributions to the good work that is done here in this chamber. Thank you, all of you.

I also very much want to thank all those who work alongside of us and behind the scenes every day. These also are important roles. These rarely get noticed or even receive the appropriate recognition. All the ones that Pete MacGregor mentioned that clean up after us, that provide us with hand tissue, toiletries, and all of the above. We’ve even had it more strict over COVID to do certain things, so thank you for those unsung heroes that are here in the chamber and in our offices taking care of us.

I’d also be remiss not to thank the Sergeant-at-Arms, Mike Ferland, and his team of officers who’ve always had our backs. A special thanks to the Secretary of the Senate, Margaret O’Brien—thank you Margaret. Your administration and team of clerks, including the outstanding clerk, Jackie Mosher, for making everything we do flow smoothly while ensuring that this is all done and documented in accordance with the rules.

The many fine folks that serve in the business office under Jordan Hankwitz and his leadership team. And well, I could go on and on, but the more good people I thank, the more glaring my omissions will be, so
I just will say, I thank you to all.

Finally, I’d be remiss if I did not say a heartfelt thank you to the people of the county that I love so much, Macomb—first in the 36th House District and then in the 8th Senate District—for allowing me the opportunity, honor, and privilege of representing you. It is on your behalf that I have endeavored to do good work and create good policy for the past six years. Thank you, Macomb County, for putting me here and giving me the opportunity to serve.

So I first started this speech off by telling you that I bid you farewell. That’s true, I do bid you all farewell. But I’m also here to say ‘hello’ to Macomb. As most of you know, I’m homegrown in Macomb, and
I couldn’t be happier to be going back to Macomb County to work full time and to serve the residents in a new manner. I’m looking forward to finally getting to represent and serve all of the people of the county, not just some in the district. And I fully intend to do my very best to deter and prosecute crime, and to protect the residents and root out the corruption wherever I may find it as the next Macomb County Prosecutor.

I will miss some, but certainly not all, of the aspects of serving as a legislator. But I am most certainly looking forward to continuing to serve, if only in a different capacity, the good people of Macomb County. So today I wish all of you a very Merry Christmas and a healthy, happy, and prosperous New Year with the best of health to all of you and your families, and I say thank you and farewell.

Senate Concurrent Resolution No. 35.

A concurrent resolution of tribute offered as a memorial for Raymond M. Murphy, former member of the House of Representatives and Senate.

(For text of resolution, see Senate Journal No. 90, p. 2232.)

The House of Representatives has adopted the concurrent resolution and named the Speaker and the entire membership of the House of Representatives as co-sponsors.

The concurrent resolution was referred to the Secretary for record.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess until 5:00 p.m.

The motion prevailed, the time being 3:09 p.m.

 

The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

Recess

 

 

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

The motion prevailed, the time being 5:01 p.m.

 

5:41 p.m.

 

The Senate was called to order by the President pro tempore, Senator Nesbitt.

 

 

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

Senate Concurrent Resolution No. 36

The motion prevailed.

 

 

Senator Bizon offered the following concurrent resolution:

Senate Concurrent Resolution No. 36.

A concurrent resolution to create a Joint Committee on Inter-Session Rules and Regulations.

Whereas, Article IV, Section 37 of the Constitution of the State of Michigan of 1963 provides:

The legislature may by concurrent resolution empower a joint committee of the legislature, acting between sessions, to suspend any rule or regulation promulgated by an administrative agency subsequent to the adjournment of the last preceding regular legislative session. Such suspension shall continue no longer than the end of the next regular legislative session.

; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That, pursuant to Article IV, Section 37 of the Constitution of the State of Michigan of 1963, there be created a Joint Committee on Inter-Session Rules and Regulations which is empowered, acting between sessions, to suspend any rule or regulation promulgated by an administrative agency subsequent to the adjournment of this regular legislative session. Such suspension shall continue no longer than the end of the next regular legislative session. The joint committee shall consist of three members of the Senate appointed by the Senate Majority Leader, one from the Senate Democratic Caucus recommended by the Senate Minority Leader and two from the Senate Republican Caucus, and three members of the House of Representatives appointed by the Speaker of the House, one from the House Democratic Caucus recommended by the House Minority Leader and two from the House Republican Caucus. The Senate Majority Leader shall designate the chairperson of the joint committee, and the Speaker of the House shall designate the vice chairperson.

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

Senator MacGregor moved that the rule be suspended.

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

The concurrent resolution was adopted.

By unanimous consent the Senate returned to the order of

Messages from the Governor

 

 

The following messages from the Governor were received and read:

December 17, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Executive Order No. 2009-21, MCL 445.1992:

Michigan Asian Pacific American Affairs Commission

Dr. Roland Sintos Coloma of 15 E. Kirby Street, #1128, Detroit, Michigan 48202, county of Wayne, succeeding Anthony Chang whose term has expired, appointed for a term commencing December 17, 2020 and expiring November 30, 2024.

Ms. Wei-Chien “Sharon” Dow of 1671 Hillcrest Drive, Rochester Hills, Michigan 48306, county of Oakland, reappointed for a term commencing December 17, 2020 and expiring November 30, 2024.

Ms. Mika McAskill of 2664 Indian Trail, Pinckney, Michigan 48169, county of Livingston, succeeding Asim Alavi whose term has expired, appointed for a term commencing December 17, 2020 and expiring November 30, 2024.

Ms. Laura Misumi of 2643 Holmes Street, Lower Unit, Hamtramck, Michigan 48212, county of Wayne, succeeding Toshiki Masaki who has resigned, appointed for a term commencing December 17, 2020 and expiring November 30, 2023.

Ms. Jenny Mualhlun of 855 Tecumseh Road, Apt. 1B, Battle Creek, Michigan 49037, county of Calhoun, succeeding Kavy Lenon whose term has expired, appointed for a term commencing December 17, 2020 and expiring November 30, 2024.

 

December 17, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Article V § 29 of the Michigan Constitution of 1963:

Michigan Civil Rights Commission

Mr. Richard Corriveau of 329 St. Lawrence Boulevard, Northville, Michigan 48168, county of Wayne, succeeding Jeffrey Sakwa whose term expires December 31, 2020, appointed to represent Democrats, for a term commencing January 1, 2021 and expiring December 31, 2024.

Mrs. Anupama Kosaraju of 31235 Woodside Drive, Franklin, Michigan 48025, county of Oakland, succeeding Denise Grim who has resigned, appointed to represent Democrats, for a term commencing December 17, 2020 and expiring December 31, 2022.

Ms. Gloria E. Lara of 1776 Grand Court, N.E., Grand Rapids, Michigan 49525, county of Kent, succeeding Laura Reyes-Kopack whose term expires December 31, 2020, appointed to represent Independents, for a term commencing January 1, 2021 and expiring December 31, 2024.

 

December 17, 2020

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 164 of 1975, MCL 18.302:

Hispanic/Latino Commission of Michigan

Mr. Florensio Hernandez of 1423 Ohio Avenue, Lansing, Michigan 48906, county of Ingham, reappointed for a term commencing December 17, 2020 and expiring December 10, 2023.

Mr. Jesus M. Hernandez of 1150 Campbell Street, Detroit, Michigan 48209, county of Wayne, succeeding Ivonne Soler whose term has expired, appointed for a term commencing December 17, 2020 and expiring December 10, 2023.

Ms. Celeste Sanchez Lloyd of 3036 Juneberry Avenue, S.E., Grand Rapids, Michigan 49508, county of Kent, succeeding Carlos Pava whose term has expired, appointed for a term commencing December 17, 2020 and expiring December 10, 2023.

Mr. Jose Sanchez III of 923 Emerald Circle, Lake Odessa, Michigan 48849, county of Ionia, succeeding Angela Baldwin whose term has expired, appointed for a term commencing December 17, 2020 and expiring December 10, 2023.

                                                                                                   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 communications were received:

Department of State

 

Administrative Rules

Notices of Filing

 

January 2, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule Extension #2019-056-LR (Secretary of State Filing #20-01-01) on this date at 2:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Adult-Use Marihuana Establishments – Emergency Rules.”

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

 

January 3, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-084-LE (Secretary of State Filing #20‑01-02) on this date at 2:44 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard – Part 14. Tunnels, Shafts, Caissons, and Cofferdams.”

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

 

January 3, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-120-HS (Secretary of State Filing #20‑01-03) on this date at 2:44 p.m. for the Department of Health and Human Services entitled, “Foster Family Homes and Foster Family Group Homes.”

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

 

January 3, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-121-HS (Secretary of State Filing #20‑01-04) on this date at 2:43 p.m. for the Department of Health and Human Services entitled, “Child Placing Agencies.”

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

 

February 6, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-051-TY (Secretary of State Filing #20‑02-01) on this date at 2:52 p.m. for the Department of Treasury entitled, “Specific Sales and Use Tax Rules.”

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

 

February 6, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-052-TY (Secretary of State Filing #20‑02-02) on this date at 2:52 p.m. for the Department of Treasury entitled, “Taxation of Adult-Use (Recreational) Marihuana Rules.”

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

 

February 6, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-053-ED (Secretary of State Filing #20‑02-03) on this date at 2:53 p.m. for the Department of Education entitled, “State Tenure Commission Rules.”

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

 

February 6, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-128-ED (Secretary of State Filing #20‑02-04) on this date at 2:53 p.m. for the Department of Education entitled, “Special Education Programs and Services.”

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

 

February 7, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-55-HS (Secretary of State Filing #20‑02-05) on this date at 3:14 p.m. for the Department of Health and Human Services entitled, “Blood Lead Analysis Reporting.”

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

 

February 14, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule Extension #2019-062-AC (Secretary of State Filing #20-02-06) on this date at 4:57 p.m. for the Department of Agriculture and Rural Development entitled, “Measuring Tetrahydrocannabinol (THC) Concentration in Industrial Hemp – Emergency Rules.”

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

 

February 20, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-043-LR (Secretary of State Filing #20‑02-07) on this date at 2:53 p.m. for the Department of Licensing and Regulatory Affairs entitled,
“Architects – General Rules.”

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

 

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-095-LR (Secretary of State Filing #20‑02-08) on this date at 3:41 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Complaints.”

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

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-096-LR (Secretary of State Filing #20‑02-09) on this date at 3:41 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Public Inspection of License Records.”

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

 

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-097-LR (Secretary of State Filing #20‑02-10) on this date at 3:41 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Hospice and Hospice Residences.”

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

 

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-098-LR (Secretary of State Filing #20‑02-11) on this date at 3:41 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Minimum Standards for Hospitals.”

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

 

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-099-LR (Secretary of State Filing #20‑02-12) on this date at 3:41 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Nursing Homes and Nursing Care Facilities.”

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

 

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-100-LR (Secretary of State Filing #20‑02-13) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Freestanding Surgical Outpatient Facilities.”

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

 

February 21, 2020

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being
MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2017-101-LR (Secretary of State Filing #20‑02-14) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Licensing Health Facilities or Agencies.”

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

                                                                                                Sincerely,

                                                                                                Jocelyn Benson

                                                                                                Secretary of State

                                                                                                Melissa Malerman, Departmental Supervisor

                                                                                                Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Office of Senator Lana Theis

December 17, 2020

Per Senate Rule 1.110, I am requesting to have my name added as a co-sponsor for Senate Concurrent Resolution 36 introduced on Wednesday, December 16, 2020, by Senator John Bizon.

Thank you.

                                                                                                   Sincerely,

                                                                                                   Lana Theis

                                                                                                   State Senator

                                                                                                   22nd District of Michigan

The communication was referred to the Secretary for record.

 

 

Senators Horn and Shirkey asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Horn’s statement is as follows

I rise in recognition of Dan Dundas. From my very first days in the House I got to know Dan, and as chairman of the Energy and Technology Committee in the House Dan was my policy advisor. His work ethic and his attention to detail—as he was going to school at the time—was extraordinary. He passed along this passion for whatever he was doing to everybody around him. And I have to tell you this—I was just kind of learning how to be a chairman and how to be a good Senator. Dan Dundas helped me do that. And for that, Dan, I will always be grateful. You know, the candor. When I came, I was like, ‘I’ve got an idea. I’ve got an idea, Dan.’ And he would go, ‘Senator, let’s think about this.’ And he passed this passion along to his staff in the Senate and I really appreciated that. And on behalf of the current chairman, Senator Lauwers, and also Senator Nesbitt, when you were chair in the House energy committee, you got to recognize the passion, the intelligence, and the wisdom of the things that Dan would pass along. So I just wanted to say thank you so much, Dan, for your work in the House and your work in the Senate. What you brought to us—to the people of this state, to the people of my district when they needed it most—you will bring to your new position. So we’re all grateful for that.

 

Senator Shirkey’s statement is as follows:

Thank you Senator Horn. I couldn’t have said it better myself. Well, Dan, here we are. You, having served in this august Legislature now for 18 years you hardly look like you’re older than 18, you know? Most of us in this room can trace our first encounters with you to something either related to the Department of Health and Human Services or energy. But Dan’s history goes back much further than that in terms of his role in the Legislature. He started out as an intern and he worked his way through every level that you could imagine a person doing including political off-site and policy stuff. In every one of those steps he brought all of his attributes, and they are many, to each of those assignments–his diligence, his attention to detail, his amazing and sometimes exceedingly subtle sense of humor, his ability to dress down an elected official and they don’t even know they are getting dressed down; his candor, his sincerity, his commitment to doing whatever he can to make whoever he is working with and for look the best they possibly can. In all of this, many of us walked the pathway with him as he was going through law school and what was a very challenging process of taking those boards and his persistence once again, no surprise to anybody in this chamber, paid off and we so admire you, Dan, for what you’ve contributed to this body, both chambers.

If I shared with you the list of text messages I’ve received from members of both chambers, of solicited comments I asked for you, most of them are pretty good. Then in 2019 when you stepped into the breach of what has become the toughest, no one is complaining here, but this session has been tough. It’s been tough. You stepped into the breach and helped policy staff and I believe significantly influence in taking that policy staff and moving them toward a secure, robust, and very manifest group of people who are servant-leader oriented. It is amazing to me to watch how policy staff—quite honestly there have been times when I have critiqued policy staff for pretending like they were the elected. I see no evidence of that anymore and I think it is largely related to the fact that you embody servant leadership, you help encourage servant leadership, you demand it, but you do it in the most gentle and effective way I’ve ever seen in a long, long time. So, Dan, this next job that you’re going to have, I believe is going to be the most fascinating and fun and you will walk circles around most of the people you are going to interact with because that is the type of intellect you have achieved and proven to me and this body. We love you, man. These people love you. We don’t like seeing you go, but we are so happy for you. God bless you, brother. If the rest of the body would join me in sending him a warm, wonderful send-off.

 

The President, Lieutenant Governor Gilchrist, resumed the Chair.

Senator MacGregor moved that when the Senate adjourns today, it stand adjourned until Friday, December 18, at 10:00 a.m.

The motion prevailed.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Wednesday, December 16 and are available on the Michigan Legislature website:

House Bill Nos.      6514   6515   6516   6517   6518   6519   6520   6521   6522

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 6:07 p.m.

 

In pursuance of the order previously made, the President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Friday, December 18, 2020, at 10:00 a.m.

 

 

                                                                                                                  MARGARET O’BRIEN

                                                                                                                  Secretary of the Senate