STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, October 23, 2019.
10:00
a.m.
The
Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
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—excused
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Marshall Bullock II of the 4th District offered the following invocation:
Supreme
Legislator of the universe, almighty God, we thank You for our lives, our
health, and our strength. We thank You, heavenly Father, as You have allowed
each of us to wake up to see the wonder of Your creation. We thank You, Father,
as grateful citizens and representatives of this great state of Michigan that
we are proud to call home, but also as humble people of faith who simply yet
sincerely confess that it is in You that we put our collective trust.
We pray
for the Governor, Lieutenant Governor, and each of these distinguished
legislators and staff throughout both chambers as we ask that You touch each of
our hearts with the gift of compassion and understanding. Touch our minds so
that You may grant each of us with the wisdom only You can bestow, a reclaiming
of the honor and nobility of public service and a sensitivity to those in need.
A reminder that every human being is valuable and has worth, that each of us
has rights that You have given and that no man can remove. We declare You as
our creator who unites us; the eternal lawgiver who has given us the kernel of
truth, which grows into fields of justice and the realization and belief that
we are our best selves when we sacrifice our own will and agenda for that of
the greater good. Please bless this august body of ours and give us the
sensibility to do what is righteous in Your most perfect will and way.
May all
we do, dream, and decide here, heavenly Father, be what You have ordained, when
we stand before You to give account to You—the omnipotent lawgiver, the supreme
judge—who lives and reigns forever and ever. Let the chamber all say: Amen.
The President pro tempore, Senator Nesbitt, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator MacGregor moved that
Senator Shirkey be temporarily excused from
today’s session.
The motion prevailed.
Senator MacGregor moved that
Senator Victory be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators
Ananich and Hertel be temporarily
excused from today’s session.
The motion prevailed.
The following communication was
received and read:
Office
of the Auditor General
October 18, 2019
Enclosed is a copy of the
following report:
• Investigative
audit report on the Michigan Department of Transportation’s Procurement of the
Michigan Aggregates Market Study (919-MDOT-02).
Sincerely,
Doug
Ringler
Auditor
General
The audit report was referred to
the Committee on Oversight.
By
unanimous consent the Senate proceeded to the order of
Messages from the House
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2013
PA 222.
The
House of Representatives has passed the bill, ordered that it be given
immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in,
2/3 of the members serving voting therefor.
The Senate agreed to the full
title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
Senator Ananich entered the Senate Chamber.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senators Barrett, Hollier, Bayer, Alexander and Irwin
introduced
A bill to amend 2008 PA 295, entitled “Clean and
renewable energy and energy waste reduction act,” by amending sections 5, 7, 9,
13, 173, 175, 177, and 179 (MCL 460.1005, 460.1007, 460.1009, 460.1013,
460.1173, 460.1175, 460.1177, and 460.1179), as amended by 2016 PA 342; and to
repeal acts and parts of acts.
The bill was read a first and second time by title and
referred to the Committee on Energy and Technology.
Senators McBroom, Bayer, Alexander, Irwin
and Hollier introduced
A bill to amend 2008 PA 295, entitled “Clean and
renewable energy and energy waste reduction act,” by amending sections 7, 173,
and 177 (MCL 460.1007, 460.1173, and 460.1177), as amended by 2016 PA 342.
The bill was read a first and second time by title and
referred to the Committee on Energy and Technology.
Senators Irwin, Bayer and Alexander
introduced
A bill to amend 1939 PA 3, entitled “An act to provide
for the regulation and control of public and certain private utilities and
other services affected with a public interest within this state; to provide
for alternative energy suppliers; to provide for licensing; to include
municipally owned utilities and other providers of energy under certain
provisions of this act; to create a public service commission and to prescribe
and define its powers and duties; to abolish the Michigan public utilities
commission and to confer the powers and duties vested by law on the public
service commission; to provide for the powers and duties of certain state
governmental officers and entities; to provide for the continuance, transfer,
and completion of certain matters and proceedings; to abolish automatic
adjustment clauses; to prohibit certain rate increases without notice and
hearing; to qualify residential energy conservation programs permitted under
state law for certain federal exemption; to create a fund; to encourage the
utilization of resource recovery facilities; to prohibit certain acts and
practices of providers of energy; to allow for the securitization of stranded
costs; to reduce rates; to provide for appeals; to provide appropriations; to
declare the effect and purpose of this act; to prescribe remedies and
penalties; and to repeal acts and parts of acts,” by amending section 6a (MCL
460.6a), as amended by 2016 PA 341.
The bill was read a first and second time by title and
referred to the Committee on Energy and Technology.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:10 a.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
During the recess, Senators Shirkey and Hertel entered the Senate
Chamber.
By unanimous consent the Senate
returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate Bill No. 434
The motion prevailed.
The following bill was read a
third time:
Senate Bill No. 434, entitled
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending sections 1201, 1203, 1203b, 1204, 1205, 1211, 1217, and 1218
(MCL 339.1201, 339.1203, 339.1203b, 339.1204, 339.1205, 339.1211, 339.1217, and
339.1218), sections 1201, 1205, 1211, 1217, and 1218 as amended and section
1203b as added by 1997 PA 97 and section 1204 as amended by 2003 PA 57, and by
adding section 1205a; and to repeal acts and parts of acts.
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. 276 Yeas—37
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Daley
Nays—0
Excused—1
Victory
Not
Voting—0
In
The Chair: Nesbitt
The Senate agreed to the title of
the bill.
By unanimous consent the Senate
proceeded to the order of
General Orders
The
motion prevailed, and the President pro tempore, Senator Nesbitt, designated
Senator Bayer as Chairperson.
After
some time spent therein, the Committee arose; and the President pro tempore,
Senator Nesbitt, having resumed the Chair,
the Committee reported back to the Senate, favorably and without amendment, the
following bills:
Senate Bill No. 179, entitled
A bill
to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” by
amending section 2 (MCL 290.652), as amended by 2002 PA 601.
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 12m of chapter XVII (MCL 777.12m), as amended by 2015 PA 213.
A bill
to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL
287.1002), as amended by 2016 PA 299.
A bill
to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending
section 12 (MCL 28.462), as amended by 2018 PA 634.
The bills were placed on the
order of Third Reading of Bills.
Senate Bill No. 174, entitled
A bill
to amend 1988 PA 466, entitled “Animal industry act,” by amending the title and
sections 1, 3, 7, 9, 11b, 12, 14, 19, 20, 22, 31, 39, 40, 43, and 44 (MCL
287.701, 287.703, 287.707, 287.709, 287.711b, 287.712, 287.714, 287.719,
287.720, 287.722, 287.731, 287.739, 287.740, 287.743, and 287.744), the title
and section 43 as amended by 1996 PA 369, sections 1, 20, 39, and 40 as
amended by 2000 PA 323, sections 3, 9, 11b, 14, 19, 22, and 44 as amended by
2002 PA 458, section 7 as amended by 1994 PA 41, and sections 12 and 31 as
amended by 2003 PA 271, and by adding sections 3a, 3b, 12a, 12b, 14a, 17b, 17c,
17d, 40a, 40b, and 43a; and to repeal acts and parts of acts.
Substitute
(S-2)
Senate Bill No. 181, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections
50 and 50b (MCL 750.50 and 750.50b), as amended by 2018 PA 452.
Substitute
(S-1)
Senate Bill No. 182, entitled
A bill
to amend 2012 PA 487, entitled “Wildlife depredations indemnification act,” by
amending sections 2 and 3 (MCL 285.362 and 285.363).
Substitute
(S-1)
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills were printed and filed on Tuesday,
October 22, and are available on the Michigan Legislature website:
Senate
Bill Nos. 594 595
House
Bill Nos. 5133 5134 5135 5136 5137 5138
The Committee on Environmental Quality
reported
Senate Bill No. 402, entitled
A bill to establish the Michigan
PFAS action response team and provide for its powers and duties; and to
prescribe the powers and duties of certain state and local agencies and
officials.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Rick
Outman
Chairperson
To
Report Out:
Yeas: Senators Outman, Daley, Johnson, VanderWall, McBroom and Brinks
Nays: Senator Bayer
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Environmental
Quality reported
Senate Bill No. 403, entitled
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” by amending
section 60108 (MCL 324.60108), as amended by 2011 PA 167.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Rick
Outman
Chairperson
To
Report Out:
Yeas: Senators Outman, Daley, Johnson, VanderWall and McBroom
Nays: Senator Bayer
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Environmental
Quality submitted the following:
Meeting held on Tuesday, October 22,
2019, at 1:00 p.m., Room 1200, Binsfeld Office
Building
Present: Senators Outman (C), Daley,
Johnson, VanderWall, McBroom, Bayer and Brinks
The Committee on Oversight reported
House Bill No. 4444, entitled
A bill to amend 1976 PA 442,
entitled “Freedom of information act,” by amending section 11 (MCL 15.241), as
amended by 2014 PA 563.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Ed
McBroom
Chairperson
To
Report Out:
Yeas: Senators McBroom, Lucido, Theis, MacDonald and
Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Oversight
reported
House Bill No. 4445, entitled
A bill to amend 1976 PA 442,
entitled “Freedom of information act,” by amending section 4 (MCL 15.234), as
amended by 2018 PA 523.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Ed
McBroom
Chairperson
To
Report Out:
Yeas: Senators McBroom, Lucido, Theis, MacDonald and
Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Oversight
reported
House Bill No. 4468, entitled
A bill to amend 1976 PA 442,
entitled “Freedom of information act,” by amending section 5 (MCL 15.235), as
amended by 2018 PA 105.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Ed
McBroom
Chairperson
To
Report Out:
Yeas: Senators McBroom, Lucido, Theis, MacDonald and
Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Oversight
submitted the following:
Meeting held on Tuesday, October 22,
2019, at 2:00 p.m., Room 1300, Binsfeld Office
Building
Present: Senators McBroom (C), Lucido, Theis, MacDonald and
Irwin
COMMITTEE
ATTENDANCE REPORT
The Committee on Regulatory
Reform submitted the following:
Meeting held on Tuesday, October 22,
2019, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present: Senators Nesbitt (C), Theis, Johnson, Lauwers, Moss, Polehanki and Wojno
Excused: Senators VanderWall
and Zorn
Scheduled
Meetings
Advice and Consent - Thursday, October 24, 12:00
noon, Room 1300, Binsfeld Office Building (517) 373-5312
Appropriations
-
Subcommittees
-
Community
Health/Human Services - Wednesday, October 30, 1:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Community Health/Human Services and Health Policy and
Human Services - Thursday, October 31, 1:00
p.m., Senate Hearing Room, Ground Floor, Boji Tower
(517) 373-2768
Economic and Small Business Development - Thursday, October 24, 12:00 noon, Room 1200, Binsfeld
Office Building (517) 373-1721
Finance -
Wednesday, October 30, 12:30 p.m., Room 1200, Binsfeld Office Building (517)
373-5312
Health Policy and Human Services - Thursday, October 24, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517) 373-5323
Health Policy and Human Services and Community
Health/Human Services Appropriations Subcommittee - Thursday, October 31, 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety - Thursday, October 24, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373-5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:12 a.m.
The
President pro tempore, Senator Nesbitt, declared the Senate adjourned until
Thursday, October 24, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate