STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2021
Senate Chamber, Lansing, Tuesday, January 26,
2021.
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—excused Hollier—present Outman—present
Ananich—excused Horn—present Polehanki—present
Barrett—excused Irwin—present Runestad—present
Bayer—present Johnson—present Santana—present
Bizon—present LaSata—present Schmidt—present
Brinks—present Lauwers—excused Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present McBroom—present Theis—present
Chang—present McCann—present VanderWall—present
Daley—present McMorrow—excused Victory—present
Geiss—excused Moss—present Wojno—present
Hertel—present Nesbitt—present Zorn—present
Senator Ed McBroom of the 38th
District offered the following invocation:
Dear
Father, we thank You for bringing us together, for giving us these
opportunities to work for Your people in the state of Michigan. Father, I pray
that You would guide us and help us in these difficult times. That You would be
merciful to us and grant us wisdom and understanding that we don’t deserve, but
we certainly need. Father, help all of Your people in this state and in this
nation and in this time. Grant us patience and understanding and open ears that
listen. Father, help us to hear through all of the noise and people telling us
what’s right and what’s wrong. And help us especially around those who tell us
that they know what You are doing and what You ought to do and seek to dictate
Your will. Help us to listen for You and to count on Your unchanging word, Your
unchanging nature, Your gifts of goodness, righteousness, holiness, peace,
love, patience, faithfulness, gentleness. Father, help us in these times to
seek all of these good things that come from You. Help us to seek to share them
with each other. Father, I pray that You would give us this mercy that we don’t
deserve in these days and that You would pour it out on this state. That You
would pour it out on Your people. That You would redeem us from the plague of
this virus and that You would redeem us from our own machinations and evil
doings so that we, Your servants in this government, might seek a government
that promotes righteousness, condones what is good, punishes evil, and seeks
justice for Your people.
I pray
these things in Jesus’ name. Amen.
The President,
Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Senator
Schmidt entered the Senate Chamber.
Motions and Communications
Senator LaSata moved that
Senators Lauwers and Barrett be excused from today’s session.
The motion prevailed.
The motion prevailed.
The motion prevailed.
The following communications were
received and read:
Office
of the Senate Majority Leader
January 19, 2021
The
Michigan Senate due to safety concerns canceled session on the following days:
January
19th, 2021
January
20th, 2021
January
21st, 2021
If you
have any questions regarding this matter, please do not hesitate to contact me.
January
26, 2021
Pursuant
to Senate Rule 1.105, I hereby announce the following appointments of Senators
to Appropriations subcommittees for this, the 101st Legislature:
Agriculture and Rural Development: Sen. Victory (Chair), Sen. Daley
(Vice Chair), Sen. McCann (Minority Vice Chair).
Capital Outlay: Sen. Horn (Chair), Sen. LaSata
(Vice Chair), Sen. Zorn, Sen. Runestad, Sen. Schmidt, Sen. Santana (Minority
Vice Chair), Sen. Hertel, Sen. McCann.
Community Health/Human Services: Sen. Outman (Chair), Sen. Bizon
(Vice Chair), Sen. Daley, Sen. LaSata, Sen. MacDonald, Sen. Schmidt, Sen.
Santana (Minority Vice Chair), Sen. Irwin, Sen. Brinks, Sen. Hollier.
Corrections and Judiciary: Sen. Bizon (Chair), Sen.
Runestad (Vice Chair), Sen. Hollier (Minority Vice Chair).
General Government: Sen. Victory (Chair), Sen.
Bumstead (Vice Chair), Sen. MacDonald, Sen. Irwin (Minority Vice Chair).
K-12 and Michigan Department of
Education: Sen.
Schmidt (Chair), Sen. Outman (Vice Chair), Sen. Bumstead, Sen. Daley, Sen.
Theis, Sen. Bayer (Minority Vice Chair), Sen. Polehanki.
Labor and Economic Opportunity/MEDC: Sen. Horn (Chair), Sen. Schmidt
(Vice Chair), Sen. Hertel (Minority Vice Chair).
Licensing and Regulatory Affairs
(LARA)/Department of Insurance and Financial Services (DIFS): Sen. Nesbitt (Chair), Sen.
MacDonald (Vice Chair), Sen. Santana (Minority Vice Chair).
Military and Veterans Affairs/State
Police: Sen.
Barrett (Chair), Sen. Runestad (Vice Chair), Sen. Hollier (Minority Vice
Chair).
Natural Resources and Environment,
Great Lakes, and Energy: Sen.
Bumstead (Chair), Sen. Bizon (Vice Chair), Sen. Victory, Sen. McCann (Minority
Vice Chair), Sen. Bayer.
Transportation: Sen. Schmidt (Chair), Sen.
Victory (Vice Chair), 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
Senate
Majority Leader
Michigan’s
16th Senate District
The appointments were approved, a majority of the members
serving voting therefor.
The communications were referred to the Secretary for
record.
Senator Chang entered the Senate
Chamber.
The following communications were
received:
Department
of State
Administrative
Rules
Notices
of Filing
November
10, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2020-102-NR (Secretary of State Filing #20‑11-02)
on this date at 11:20 a.m. for the Department of Natural Resources entitled, “Special
Local Watercraft Controls.”
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.
November
23, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Emergency Administrative Rule #2020-215-LR (Secretary of State
Filing #20-11-03) on this date at 11:36 a.m. for the Department of Licensing
and Regulatory Affairs entitled, “Emergency Rule Amending R 484.803, R 484.804,
and R 484.805.”
These
rules take effect upon filing with the Secretary of State and shall remain in
effect for 6 months.
December
2, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2020-009-TY (Secretary of State Filing #20‑12-01)
on this date at 1:19 p.m. for the Department of Treasury entitled, “Internet
Sports Betting 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.
December
2, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2020-010-TY (Secretary of State Filing #20‑12-02)
on this date at 1:19 p.m. for the Department of Treasury entitled, “Internet
Gaming 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.
December
10, 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 #2019-031-LR (Secretary of State Filing #20 12-03)
on this date at 1:43 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Professional Engineers – 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.
December
10, 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 #2019-139-LR (Secretary of State Filing #20‑12-04)
on this date at 1:45 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Ski Area Safety – 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.
December
10, 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 #2019-124-LR (Secretary of State Filing #20‑12-05)
on this date at 1:43 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Responsibilities of Providers of Basic Local Exchange.”
These
rules become effective on March 21, 2021.
December
18, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2019-136-IF (Secretary of State Filing #20‑12-06)
on this date at 2:18 p.m. for the Department of Insurance and Financial
Services entitled, “Utilization Review.”
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.
December
18, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2020-083-NR (Secretary of State Filing #20‑12-07)
on this date at 3:16 p.m. for the Department of Natural Resources entitled, “Leasing
State‑Owned Oil and gas Rights.”
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.
December
22, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2018-039-LR (Secretary of State Filing #20‑12-08) on this date at
3:15 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Pharmacy
– General 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.
December
22, 2020
In accordance
with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969,
being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise
you that the Michigan Office of Administrative Hearings and Rules filed
Administrative Rule #2019-022-LR (Secretary of State Filing #20‑12-09)
on this date at 3:10 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Pharmacy – Pharmacist Continuing Education.”
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.
December
22, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2019-103-LR (Secretary of State Filing #20‑12-10)
on this date at 3:14 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Sanitarians Registration – 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.
December
22, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2019-135-LR (Secretary of State Filing #20‑12-11)
on this date at 3:14 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Public Health Code – 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.
December
22, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2019-141-LR (Secretary of State Filing #20‑12-12)
on this date at 3:14 p.m. for the Department of Licensing and Regulatory
Affairs entitled, “Occupational Code Renewals.”
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.
December
22, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Administrative Rule #2020-019-TY (Secretary of State Filing #20‑12-13)
on this date at 3:14 p.m. for the Department of Treasury entitled, “Specific
Sales and Use Tax 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.
December
30, 2020
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6,
this is to advise you that the Michigan Office of Administrative Hearings and
Rules filed Emergency Administrative Rule #2020-216-AC (Secretary of State
Filing #20-12-14) on this date at 2:30 p.m. for the Department of Agriculture
and Rural Development entitled, “Emergency Rule Amending Rule 7, R 285.636.7.”
These
rules take effect upon filing with the Secretary of State and shall remain in
effect until June 30, 2021.
Sincerely,
Jocelyn
Benson
Secretary
of State
Melissa
Malerman, Departmental Supervisor
Office
of the Great Seal
The
communications were referred to the Secretary for record.
Messages from the Governor
The
following message from the Governor was received on January 14, 2021, and read:
EXECUTIVE ORDER
No. 2021-1
Michigan
Council for Rehabilitation Services
Department
of Labor and Economic Opportunity
Executive
Reorganization
The
Michigan Council for Rehabilitation Services was created by Executive Order
2012-10(V). The composition of the Council is governed by federal law, which
includes the requirement that the Council include at least one representative
of the state’s workforce development board. 29 U.S.C § 725(b)(1)(B)(xii). In
2012, when the Michigan Council for Rehabilitation Services was formed, the
Talent Investment Board served as Michigan’s workforce development board.
Therefore, the order establishing the Michigan Council for Rehabilitation
Services required that its membership include a representative from the Talent
Investment Board. EO 2012-10(V)(B)(1)(g).
In
2018, the workforce development board designation was transferred to the Future
Talent Council when the Talent Investment Board was renamed. EO 2018-13(I)(A).
An executive order was later issued specifying that the membership of the
Michigan Council for Rehabilitation Services must include a representative of
the Future Talent Council. EO 2019-3(6)(a)(3). In 2020, the workforce
development board designation was again transferred, now to the Michigan
Workforce Development Board. EO 2020-107(1)(a). When the Workforce Development
Board was created, the establishing order did not update the requirements
regarding the Michigan Council for Rehabilitation Services.
This
order updates the membership requirements for the Michigan Council for
Rehabilitation Services to include one representative of the Michigan Workforce
Development Board, as required by federal law.
Section
1 of article 5 of the Michigan Constitution of 1963 vests the executive power
of the State of Michigan in the governor.
Section
2 of article 5 of the Michigan Constitution of 1963 empowers the governor to
make changes in the organization of the executive branch of state government or
in the assignment of functions among its units that the governor considers
necessary for efficient administration.
Acting
under the Michigan Constitution of 1963 and Michigan law, I order the
following:
1. The Michigan Council for Rehabilitation
Services must include as a member one individual representing the Workforce
Development Board, as created by EO 2020-107.
2. EO 2019-13, section 6.a.3, is rescinded.
Date:
January 14, 2021
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
The
following messages from the Governor were received and read:
January 19, 2021
I respectfully
submit to the Senate the following appointments to office pursuant to Article
II § 7 of the Michigan Constitution of 1963 and Public Act 116 of 1954, MCL
168.22, 168.22a, and 168.22b:
Board of State Canvassers
Ms.
Jeannette L. Bradshaw of 1947 Kent Road, Ortonville, Michigan 48462, county of
Oakland, reappointed to represent Democrats, for a term commencing February 1,
2021 and expiring January 31, 2025.
Mr.
Anthony R. Daunt of 3470 Parkwood Drive, DeWitt, Michigan 48820, county of
Clinton, succeeding Aaron Van Langevelde whose term expires January 31, 2021,
appointed to represent Republicans, for a term commencing February 1, 2021 and
expiring January 31, 2025.
January 22, 2021
I
respectfully submit to the Senate the following appointment to office pursuant
to Article V § 3 of the Michigan Constitution of 1963:
Director of the Department of Health
and Human Services
Ms.
Elizabeth Hertel of 1860 Boxwood Lane, East Lansing, Michigan 48823, county of
Ingham, succeeding Robert Gordon, appointed for a term commencing January 22,
2021 and expiring at the pleasure of the Governor.
Respectfully,
Gretchen
Whitmer
Governor
The
appointments were referred to the Committee on Advice and Consent.
Resolutions
Senators
Hollier, Geiss, Wojno, Moss, Chang, Santana, Hertel, Bayer, Polehanki and
McMorrow offered the following resolution:
Senate Resolution No. 3.
A
resolution to condemn the attempted coup to overturn the 2020 presidential
election at the U.S. Capitol and state emphatically that there is no place for
further undermining the 2020 November election with baseless conspiracy
theories.
Whereas, The peaceful transfer of power is a
cornerstone of the United States of America. The fabric of our democracy, stability
of our country, and continued progress of our nation require adherence to this
principle; and
Whereas, On January 6, 2021, in what is
usually a ceremonial affair, a joint session of Congress gathered to count the
Electoral College votes and affirm the victory of Joe Biden as president was
interrupted by a group of terrorists looking to take control of the U.S.
Capitol Building. The insurrection resulted in the deaths of five people,
including an officer of the U.S. Capitol Police. Moreover, dozens of U.S.
Capitol Police officers and others were injured. The violence also left a wake
of damage and destruction in our hallowed Capitol; and
Whereas, At a political rally earlier on that
day, President Donald Trump, who has continually sought to invalidate our duly
held election, encouraged attendees to march to the U.S. Capitol Building in
protest of the Electoral College vote certification. The inflammatory speech
included false claims of voter fraud in Michigan, with an eye toward wrongly
challenging the clear and convincing decision of Michigan voters to award the
state’s electoral votes to Joe Biden. In this rally and throughout past
rallies, President Trump’s harmful rhetoric and unsubstantiated, conspiratorial
allegations of election fraud and irregularities have provided fuel for hate
and violence; and
Whereas, Leaders across the country must unite
to denounce the terror brought to our Capitol and move the country forward
peacefully; now, therefore, be it
Resolved by the Senate, That we condemn the
attempted coup to overturn the 2020 presidential election at the U.S. Capitol
and state emphatically that there is no place for further undermining the 2020
November election with baseless conspiracy theories; and be it further
Resolved, That copies of this resolution be
transmitted to the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of the Michigan
congressional delegation.
Pursuant to rule 3.204, the
resolution was referred to the Committee on Government Operations.
Senators Geiss, Hollier, Hertel,
Bayer and McMorrow offered the following resolution:
Senate Resolution No. 4.
A
resolution to censure Senators John Bizon, Tom Barrett, Kevin Daley, Kim
LaSata, Dan Lauwers, Rick Outman, Jim Runestad, Lana Theis, Curt
VanderWall, Roger Victory, and Dale Zorn and condemn their efforts to undermine
American elections.
Whereas, On January 4, 2021, Senators John
Bizon, Tom Barrett, Kevin Daley, Kim LaSata, Dan Lauwers, Rick Outman, Jim
Runestad, Lana Theis, Curt VanderWall, Roger Victory, and Dale Zorn submitted a
letter to Congress and the Vice President of the United States to request that
the Joint Session of Congress investigate the credibility of the November
election results; and
Whereas, In signing this letter, the Senators
actively fueled baseless claims of election fraud, which have been universally
debunked and disproven. They have undercut faith in our institutions through
their blatantly unjustified dismissal of the security and accuracy of election
outcomes in Michigan and other states; and
Whereas, In calling on Congress to investigate
the credibility of the November 2020 election in this manner, the Senators who
signed the request were asking members of Congress to obstruct the peaceful and
orderly transition of power. Congress’ role in counting the Electoral College
votes is ministerial under the U.S. Constitution and federal law; and
Whereas, The Senators contributed to the
atmosphere that led to the violent insurrection at the U.S. Capitol during the
Electoral College vote count on January 6, 2021. The Senators’ letter was part
of a broader and dangerous campaign to overturn the will of the American
people. The riot at the U.S. Capitol resulted in physical and emotional injury,
caused significant destruction of public property, led to a shaken the faith in
the stability of our democracy at home, and dealt an enormous blow to the
nation’s reputation abroad. The months-long effort to delegitimize the election
has also distracted from the important work of responding to the COVID-19
Pandemic and taken important resources and attention away from our state’s
efforts to combat this public health crisis; and
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of
1963 provides:
All officers, legislative, executive and
judicial, before entering upon the duties of their respective offices, shall
take and subscribe the following oath or affirmation: I do solemnly swear (or
affirm) that I will support the Constitution of the United States and the
constitution of this state, and that I will faithfully discharge the duties of
the office of .......... according to the best of my ability. No other oath,
affirmation, or any religious test shall be required as a qualification for any
office or public trust.
; and
Whereas, Rule 1.301 of the Standing Rules of
the Senate provides:
Each Senator shall conduct himself or herself
to justify the confidence placed in him or her by the people and shall, by
personal example and admonition to colleagues, maintain the integrity and
responsibility of his or her office.
; and
Whereas, Rule 1.311 of the Standing Rules of
the Senate provides, in part:
A Senator determined to have violated the
provisions of the rules regulating ethics and conduct may be reprimanded,
censured, or expelled.
; and
Whereas, Senators Bizon, Barrett, Daley,
LaSata, Lauwers, Outman, Runestad, Theis, VanderWall, Victory, and Zorn failed
to meet the high standards of conduct expected of their office by the people of
Michigan. Their participation in efforts to undermine the democratic process
are clear violations of their oaths of office and the Standing Rules of the
Senate; and
Whereas, This legislative body must send a
clear signal that efforts to undermine the democratic process and obstruct the
will of the American people through baseless and disproven allegations of fraud
are wholly unacceptable and should be met with the strongest possible
condemnation; now, therefore, be it
Resolved by the Senate, That Senator John
Bizon of the Nineteenth Senate District; Senator Tom Barrett of the
Twenty-fourth Senate District; Senator Kevin Daley of the Thirty-first Senate
District; Senator Kim LaSata of the Twenty-first
Senate District; Senator Dan Lauwers of the Twenty-fifth Senate District;
Senator Rick Outman of the Thirty-third Senate District; Senator Jim Runestad of the Fifteenth Senate District; Senator Lana Theis of the Twenty-second Senate District; Senator Curt VanderWall of the Thirty‑fifth Senate District;
Senator Roger Victory of the Thirtieth Senate District; and Senator Dale Zorn
of the Seventeenth Senate District are hereby censured; and be it further
Resolved, That we condemn their efforts to
undermine American elections; and be it further
Resolved, That copies of this resolution be
transmitted to Senators Bizon, Barrett, Daley, LaSata, Lauwers, Outman,
Runestad, Theis, VanderWall, Victory, and Zorn.
Pursuant to rule 3.204, the
resolution was referred to the Committee on Government Operations.
Senator Shirkey offered the
following resolution:
Senate Resolution No. 5.
A
resolution to amend the Standing Rules of the Senate.
Resolved by the Senate, That Rule 2.103 of the
Standing Rules of the Senate be hereby amended to read as follows:
2.103 STANDING COMMITTEES
The standing committees of the
Senate shall be:
Advise and Consent (4 members)
Agriculture (5 members)
Appropriations (18 members)
Economic and Small Business
Development (9 members)
Education and Career Readiness (6
members)
Elections (4 members)
Energy and Technology (12 members)
Environmental Quality (6 7 members)
Families, Seniors, and Veterans (7
members)
Finance (7 members)
Government Operations (5 members)
Health Policy and Human Services
(10 members)
Insurance and Banking (9 members)
Judiciary and Public Safety (7
members)
Local Government (5 members)
Natural Resources (5 members)
Oversight (4 members)
Regulatory Reform (9 members)
Transportation and Infrastructure
(9 members)
Statutory standing committees:
Administrative Rules (5 members)
(see MCL 24.235)
Legislative Council (6 members and
3 alternates) (see MCL 4.1103)
Legislative Retirement Board of
Trustees (2 members) (see MCL 38.1026)
Library of Michigan Board of
Trustees (1 member) (see MCL 397.14)
Michigan Commission on Uniform
State Laws (2 members) (see MCL 4.1301)
Michigan Council on Future
Mobility (2 members) (see MCL 257.665)
Michigan Law Revision Commission
(2 members) (see MCL 4.1401)
Senate Fiscal Agency Board of
Governors (5 members) (see MCL 4.1501).
Senator
LaSata 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
Hollier, Geiss, Moss, Wojno, Chang, Santana, Hertel, Bayer and Polehanki
offered the following concurrent resolution:
Senate Concurrent Resolution No. 3.
A
concurrent resolution to condemn the attempted coup to overturn the 2020
presidential election at the U.S. Capitol and state emphatically that there is
no place for further undermining the 2020 November election with baseless
conspiracy theories.
Whereas, The peaceful transfer of power is a
cornerstone of the United States of America. The fabric of our democracy,
stability of our country, and continued progress of our nation require
adherence to this principle; and
Whereas, On January 6, 2021, in what is
usually a ceremonial affair, a joint session of Congress gathered to count the
Electoral College votes and affirm the victory of Joe Biden as president was
interrupted by a group of terrorists looking to take control of the U.S.
Capitol Building. The insurrection resulted in the deaths of five people,
including an officer of the U.S. Capitol Police. Moreover, dozens of U.S.
Capitol Police officers and others were injured. The violence also left a wake
of damage and destruction in our hallowed Capitol; and
Whereas, At a political rally earlier on that
day, President Donald Trump, who has continually sought to invalidate our duly
held election, encouraged attendees to march to the U.S. Capitol Building in
protest of the Electoral College vote certification. The inflammatory speech
included false claims of voter fraud in Michigan, with an eye toward wrongly
challenging the clear and convincing decision of Michigan voters to award the
state’s electoral votes to Joe Biden. In this rally and throughout past
rallies, President Trump’s harmful rhetoric and unsubstantiated, conspiratorial
allegations of election fraud and irregularities have provided fuel for hate
and violence; and
Whereas, Leaders across the country must unite
to denounce the terror brought to our Capitol and move the country forward
peacefully; now, therefore, be it
Resolved by the Senate (the House of
Representatives concurring), That we condemn the attempted coup to overturn the
2020 presidential election at the U.S. Capitol and state emphatically that
there is no place for further undermining the 2020 November election with
baseless conspiracy theories; and be it further
Resolved, That copies of this resolution be
transmitted to the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of the Michigan
congressional delegation.
Senators
Geiss, Hollier, Hertel and Bayer offered the following concurrent resolution:
Senate Concurrent Resolution No. 4.
A
concurrent resolution to censure Senators John Bizon, Tom Barrett, Kevin Daley,
Kim LaSata, Dan Lauwers,
Rick Outman, Jim Runestad, Lana Theis, Curt VanderWall, Roger Victory, and Dale
Zorn and condemn their efforts to undermine American elections.
Whereas, On January 4, 2021, Senators John
Bizon, Tom Barrett, Kevin Daley, Kim LaSata, Dan Lauwers, Rick Outman, Jim
Runestad, Lana Theis, Curt VanderWall, Roger Victory, and Dale Zorn submitted a
letter to Congress and the Vice President of the United States to request that
the Joint Session of Congress investigate the credibility of the November
election results; and
Whereas, In signing this letter, the Senators
actively fueled baseless claims of election fraud, which have been universally
debunked and disproven. They have undercut faith in our institutions through
their blatantly unjustified dismissal of the security and accuracy of election
outcomes in Michigan and other states; and
Whereas, In calling on Congress to investigate
the credibility of the November 2020 election in this manner, the Senators who
signed the request were asking members of Congress to obstruct the peaceful and
orderly transition of power. Congress’ role in counting the Electoral College
votes is ministerial under the U.S. Constitution and federal law; and
Whereas, The Senators contributed to the
atmosphere that led to the violent insurrection at the U.S. Capitol during the
Electoral College vote count on January 6, 2021. The Senators’ letter was part
of a broader and dangerous campaign to overturn the will of the American
people. The riot at the U.S. Capitol resulted in physical and emotional injury,
caused significant destruction of public property, led to a shaken the faith in
the stability of our democracy at home, and dealt an enormous blow to the
nation’s reputation abroad. The months-long effort to delegitimize the election
has also distracted from the important work of responding to the COVID-19
Pandemic and taken important resources and attention away from our state’s
efforts to combat this public health crisis; and
Whereas, Article XI, Section 1 of the Constitution of the State of Michigan of
1963 provides:
All officers, legislative, executive and
judicial, before entering upon the duties of their respective offices, shall
take and subscribe the following oath or affirmation: I do solemnly swear (or
affirm) that I will support the Constitution of the United States and the
constitution of this state, and that I will faithfully discharge the duties of
the office of .......... according to the best of my ability. No other oath,
affirmation, or any religious test shall be required as a qualification for any
office or public trust.
; and
Whereas, Rule 1.301 of the Standing Rules of
the Senate provides:
Each Senator shall conduct himself or herself
to justify the confidence placed in him or her by the people and shall, by
personal example and admonition to colleagues, maintain the integrity and
responsibility of his or her office.
; and
Whereas, Rule 1.311 of the Standing Rules of
the Senate provides, in part:
A Senator determined to have violated the
provisions of the rules regulating ethics and conduct may be reprimanded,
censured, or expelled.
; and
Whereas, Senators Bizon, Barrett, Daley,
LaSata, Lauwers, Outman, Runestad, Theis, VanderWall, Victory, and Zorn failed
to meet the high standards of conduct expected of their office by the people of
Michigan. Their participation in efforts to undermine the democratic process are
clear violations of their oaths of office and the Standing Rules of the Senate;
and
Whereas, The Legislature must send a clear
signal that efforts to undermine the democratic process and obstruct the will
of the American people through baseless and disproven allegations of fraud are
wholly unacceptable and should be met with the strongest possible condemnation;
now, therefore, be it
Resolved by the Senate (the House of
Representatives concurring), That Senator John Bizon of the Nineteenth Senate
District; Senator Tom Barrett of the Twenty-fourth Senate District; Senator
Kevin Daley of the Thirty-first Senate District; Senator Kim LaSata of the
Twenty-first Senate District; Senator Dan Lauwers of the Twenty-fifth Senate
District; Senator Rick Outman of the Thirty-third Senate District; Senator Jim
Runestad of the Fifteenth Senate District; Senator Lana Theis of the
Twenty-second Senate District; Senator Curt VanderWall of the Thirty-fifth
Senate District; Senator Roger Victory of the Thirtieth Senate District;
and Senator Dale Zorn of the Seventeenth Senate District are hereby censured;
and be it further
Resolved, That we condemn their efforts to
undermine American elections; and be it further
Resolved, That copies of this resolution be
transmitted to Senators Bizon, Barrett, Daley, LaSata, Lauwers, Outman,
Runestad, Theis, VanderWall, Victory, and Zorn.
Pursuant to rule 3.204, the
resolution was referred to the Committee on Government Operations.
Senate
Concurrent Resolution No. 1.
A
concurrent resolution granting authority for adjournment for more than 2 days.
(For
text of resolution, see Senate Journal No. 1, p. 28.)
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. 28.)
The
House of Representatives has adopted the concurrent resolution.
The
concurrent resolution was referred to the Secretary for record.
Introduction and Referral of Bills
A bill
to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001
to 250.2083) by adding section 1070a.
The
bill was read a first and second time by title and referred to the Committee on
Transportation and Infrastructure.
Senator
MacDonald introduced
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
section 1204c (MCL 500.1204c), as amended by 2017 PA 67.
The
bill was read a first and second time by title and referred to the Committee on
Insurance and Banking.
Senators
MacDonald and Wojno 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; to investigate and study the tolling of roads, streets,
highways, or bridges; and to repeal acts and parts of acts,” by amending
section 10 (MCL 247.660), as amended by 2020 PA 222, and by adding section
10i.
The
bill was read a first and second time by title and referred to the Committee on
Transportation and Infrastructure.
Senators
Runestad, Barrett, MacDonald, Daley, Victory, Bumstead, Johnson, Outman,
McBroom and VanderWall introduced
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending sections
20199, 21702, and 21703 (MCL 333.20199, 333.21702, and 333.21703), section
21702 as amended by 1994 PA 73 and section 21703 as amended by 2015 PA
155, and by adding sections 21788, 21788a, 21788b, 21788c, 21788d, 21788e,
21788f, 21788g, and 21788h.
The
bill was read a first and second time by title and referred to the Committee on
Health Policy and Human Services.
Senators
Bayer, Polehanki, Hollier, Moss, Chang, Brinks, Geiss, Wojno, McMorrow, McCann,
Irwin and Santana introduced
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section
234d (MCL 750.234d), as amended by 1994 PA 158.
The
bill was read a first and second time by title and referred to the Committee on
Government Operations.
Senators
Polehanki, Bayer, Hollier, Moss, Chang, Brinks, Geiss, Wojno, McMorrow, McCann,
Irwin and Santana introduced
A bill
to amend 1927 PA 372, entitled “An act to regulate and license the selling,
purchasing, possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying, selling, or
carrying of certain firearms, gas ejecting devices, and electro-muscular
disruption devices without a license or other authorization; to provide for the
forfeiture of firearms and electro-muscular disruption devices under certain
circumstances; to provide for penalties and remedies; to provide immunity from
civil liability under certain circumstances; to prescribe the powers and duties
of certain state and local agencies; to prohibit certain conduct against
individuals who apply for or receive a license to carry a concealed pistol; to
make appropriations; to prescribe certain conditions for the appropriations;
and to repeal all acts and parts of acts inconsistent with this act,” by
amending section 5o (MCL 28.425o), as amended by 2017 PA 95.
The
bill was read a first and second time by title and referred to the Committee on
Government Operations.
Senator Hollier entered the Senate
Chamber.
Senator
Stamas introduced
A bill
to make, supplement, and adjust appropriations for various state departments
and agencies for the fiscal year ending September 30, 2021; and to provide for
the expenditure of the appropriations.
The
bill was read a first and second time by title and referred to the Committee on
Appropriations.
Senator
Stamas introduced
A bill
to make, supplement, and adjust appropriations for various state departments
and agencies for the fiscal year ending September 30, 2021; and to provide for
the expenditure of the appropriations.
The
bill was read a first and second time by title and referred to the Committee on
Appropriations.
Senator
Stamas introduced
A bill
to make, supplement, and adjust appropriations for various state departments
and agencies for the fiscal year ending September 30, 2021; and to provide for
the expenditure of the appropriations.
The
bill was read a first and second time by title and referred to the Committee on
Appropriations.
Senator
Victory introduced
A bill
to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the
laws relating to the establishment, opening, discontinuing, vacating, closing,
altering, improvement, maintenance, and use of the public highways and private
roads; the condemnation of property and gravel therefor; the building,
repairing and preservation of bridges; maintaining public access to waterways
under certain conditions; setting and protecting shade trees, drainage, and
cutting weeds and brush within this state; providing for the election or
appointment and defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe penalties and
provide remedies,” by amending section 21 (MCL 224.21), as amended by 1996 PA
23.
The
bill was read a first and second time by title and referred to the Committee on
Transportation and Infrastructure.
Senator
Victory introduced
A bill
to amend 1978 PA 566, entitled “An act to encourage the faithful performance of
official duties by certain public officers and public employees; to prescribe standards
of conduct for certain public officers and public employees; to prohibit the
holding of incompatible public offices; and to provide certain judicial
remedies,” by amending the title and section 2 (MCL 15.182).
The
bill was read a first and second time by title and referred to the Committee on
Local Government.
Senator
Victory introduced
A bill
to amend 1994 PA 451, entitled “Natural resources and environmental protection
act,” by amending section 1606 (MCL 324.1606), as amended by 2000 PA 414.
The
bill was read a first and second time by title and referred to the Committee on
Regulatory Reform.
Senator Moss entered the Senate
Chamber.
Senator
Victory introduced
A bill
to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction
code act,” by amending section 10 (MCL 125.1510), as amended by 2016 PA 409.
The
bill was read a first and second time by title and referred to the Committee on
Regulatory Reform.
Senator
Victory introduced
A bill
to amend 1964 PA 170, entitled “An act to make uniform the liability of
municipal corporations, political subdivisions, and the state, its agencies and
departments, officers, employees, and volunteers thereof, and members of
certain boards, councils, and task forces when engaged in the exercise or
discharge of a governmental function, for injuries to property and persons; to
define and limit this liability; to define and limit the liability of the state
when engaged in a proprietary function; to authorize the purchase of liability
insurance to protect against loss arising out of this liability; to provide for
defending certain claims made against public officers, employees, and
volunteers and for paying damages sought or awarded against them; to provide
for the legal defense of public officers, employees, and volunteers; to provide
for reimbursement of public officers and employees for certain legal expenses;
and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as
amended by 2012 PA 50.
The
bill was read a first and second time by title and referred to the Committee on
Transportation and Infrastructure.
Senator
Victory introduced
A bill
to prohibit an employer from discriminating against, disciplining, or
discharging an employee who is absent from work to respond to an emergency as
an emergency responder; and to provide remedies for a violation of this act.
The
bill was read a first and second time by title and referred to the Committee on
Economic and Small Business Development.
Senator
McMorrow introduced
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section
803r (MCL 257.803r), as amended by 2019 PA 88, and by adding section 803s.
The
bill was read a first and second time by title and referred to the Committee on
Transportation and Infrastructure.
Senator
Nesbitt introduced
A bill
to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to
211.155) by adding section 9p.
The
bill was read a first and second time by title and referred to the Committee on
Energy and Technology.
Announcements of Printing and Enrollment
Senate Bill Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Senate Concurrent Resolutions Nos. 1 2
Senate Resolutions Nos. 1 2
House Bill Nos. 4001 4002
House Joint Resolution A
Education and Career Readiness – Thursday, January 28, 9:00 a.m., Room 403, 4th
Floor, Capitol Building (517) 373-5314
Families, Seniors, and Veterans – Wednesday, January 27, 3:00 p.m., Room 403, 4th Floor,
Capitol Building (517) 373-1721
Local Government – Thursday,
January 28, 2:00 p.m., Room 403, 4th Floor, Capitol Building (517) 373‑5312
Senator LaSata moved that the
Senate adjourn.
The
motion prevailed, the time being 10:19 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, January 27, 2021, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate