STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, January 14, 2020.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
The roll was called by the Secretary of the Senate, who
announced that a quorum was present.
Alexander—present Horn—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
Ed McBroom of the 38th District offered the following invocation:
Dear Father, we come before You this new day and give You
praise for Your great goodness and mercy to us.
Father,
You are mighty and worthy of all glory and praise and honor and obedience.
You—who has created all things and is the author of life—have the right and
privilege to rule and judge us; yet, You are patient with us. Like a good
father, You bear with our faults and weaknesses, loving us with discipline and
good gifts. Particularly in America, You have given us liberty and freedoms
that we take for granted. Please continue Your mercy toward us, despite our
lack of acknowledgement that You are the source of our blessings.
Father,
You know me and You know my faults; You know how much I need Your mercy because
of how often I forget You and Your presence. Thank You for Your forgiveness and
patience.
Father,
help us here today to love mercy, seek justice, and walk humbly before You.
Cause us to remember the widow, the orphan, the poor, the prisoner, the weak,
and the downtrodden. Let us work to lift these people up by rewarding good and
condemning evil, and please give us the guidance, wisdom, and willingness to
know the difference between the two.
I pray
this all in the name of Your Son, Jesus. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator Chang moved that Senator
Ananich be temporarily excused from today’s session.
The motion prevailed.
The following communication was
received:
Department
of State
December 30, 2019
In accordance with MCL section
257.810b (7), we have attached a TACF report for the Department of State for
the period of October 1, 2018 through September 30, 2019.
Deposits and charges in the TACF
during this time period were $135,053,908 and $136,043,042 respectively. Data
used in the preparation of this report was obtained from the SIGMA-BI database.
Sincerely,
Cindy
Paradine, Director
Office
of Financial Services
The communication was referred to
the Secretary for record.
The following communication was
received:
Office
of Senator Rosemary Bayer
January 13, 2020
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 0668 introduced
by Senator Jim Ananich on December 4, 2019.
Sincerely,
Rosemary
K. Bayer
12th
Senate District
State
Senator
The communication was referred to
the Secretary for record.
The following communication was
received:
Office
of Senator Dale W. Zorn
January 14, 2020
Please list my name as a
co-sponsor of Senate Bill 612.
Thank you.
Respectfully,
Dale
Zorn
State
Senator – District 17
The communication was referred to
the Secretary for record.
Senator
Ananich entered the Senate Chamber.
The
following messages from the Governor were received and read:
January
13, 2020
I am writing to inform you of my
withdrawal of the following appointment submitted to your office on December 5,
2019 pursuant to Public Act 250 of 1982, MCL 722.604:
Child
Abuse and Neglect Prevention Board “Children’s Trust Fund”
Ms. Nicole Wells Stallworth of 30420
Fox Club Court, Farmington Hills, Michigan 48331, county of Oakland, succeeding
Krista Beach whose term expired December 19, 2019, appointed to represent the
general public, for a term commencing December 20, 2019 and expiring December
19, 2022.
January 13, 2020
I am writing to inform you of my
withdrawal of the following appointment submitted to your office on December
18, 2019 pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17025:
Michigan
Task Force on Physician’s Assistants
Ms. Samantha Danek, PA-C of 8038 Walsh
Road, Dexter, Michigan 48130, county of Washtenaw, filling a vacancy, appointed
to represent the Michigan Board of Osteopathic Medicine and Surgery, for a term
commencing December 18, 2019 and expiring December 31, 2021.
Respectfully,
Gretchen
Whitmer
Governor
The
messages were referred to the Committee on Advice and Consent.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:05 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate
proceeded to the order of
Messages from the House
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending sections 17905
and 17906 (MCL 333.17905 and 333.17906), as amended by 2015 PA 166.
(This
bill was returned from the House on January 9 with a substitute (H-3),
immediate effect and title amendment, and was laid over under the rules. See
Senate Journal No. 2, p. 16.)
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.
6 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
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 title as
amended.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
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.
(This
bill was returned from the House on January 9 with a House substitute (H-2),
immediate effect and full title, and was laid over under the rules. See Senate
Journal No. 2, p. 17.)
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.
7 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
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.
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 14d of chapter XVII (MCL 777.14d), as amended by 2016 PA 272.
(This
bill was returned from the House on January 9 with a House substitute (H-3) to
the Senate substitute (S-1) and title amendment, and was laid over under the
rules. See Senate Journal No. 2, p. 19.)
The
question being on concurring in the House substitute made to the Senate
substitute,
The substitute was concurred in, a majority of
the members serving voting therefor, as follows:
Roll Call No.
8 Yeas—33
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Wojno
Bumstead Lucido Polehanki Zorn
Chang
Nays—5
Hollier McBroom Runestad Victory
Irwin
Excused—0
Not
Voting—0
In The
Chair: President
The Senate agreed to the title as
amended.
By unanimous consent the Senate
proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the
Senate proceed to consideration of the following bill:
House Bill No. 4156
The motion prevailed.
The following bill was read a
third time:
House Bill No. 4156, entitled
A bill to amend 1943 PA 240, entitled “State
employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by
2018 PA 357.
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.
9 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
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.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for a state employees’
retirement system; to create a state employees’ retirement board and prescribe
its powers and duties; to establish certain funds in connection with the
retirement system; to require contributions to the retirement system by and on
behalf of members and participants of the retirement system; to create certain
accounts and provide for expenditures from those accounts; to prescribe the
powers and duties of certain state and local officers and employees and certain
state departments and agencies; to prescribe and make appropriations for the
retirement system; and to prescribe penalties and provide remedies,”.
The Senate agreed to the full title.
The following bill was read a
third time:
Senate Bill No. 350, entitled
A bill to amend 1895 PA 3, entitled “The general
law village act,” by amending section 18 (MCL 69.18), as amended by 1984 PA
179.
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.
10 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—1
Hollier
Excused—0
Not
Voting—0
In The
Chair: President
The Senate agreed to the title of
the bill.
The following bill was read a
third time:
House Bill No. 4411, entitled
A bill to amend 1994 PA 160, entitled “Credit
services protection act,” by amending section 3 (MCL 445.1823).
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.
11 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 concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to prohibit certain methods, acts, and
practices of credit services organizations; to prescribe remedies and
penalties; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate
proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator MacDonald as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and without amendment, the following bills:
House Bill No. 5241, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
section 836b (MCL 500.836b), as amended by 2016 PA 558.
House Bill No. 5242, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
section 1301 (MCL 500.1301), as amended by 2015 PA 244, and by adding section
1359.
House Bill No. 5243, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
sections 1001 and 1027 (MCL 500.1001 and 500.1027), section 1001 as amended by
2016 PA 276 and section 1027 as added by 2008 PA 342, and by adding section
1028; and to repeal acts and parts of acts.
The bills were placed on the
order of Third Reading of Bills.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senators MacDonald, Victory, Alexander and Lucido
introduced
A bill to amend 1976 PA 451, entitled “The revised
school code,” by amending section 1175 (MCL 380.1175), as amended by 1995 PA
289.
The bill was read a first and second time by title and
referred to the Committee on Education and Career Readiness.
Senators Victory, Theis, Outman, Barrett,
Lauwers, Horn, MacDonald, Bizon, Daley, Bumstead, Zorn, Johnson, McBroom,
VanderWall, LaSata and Lucido introduced
A bill to amend 1951 PA 51, entitled “An act to provide
for the classification of all public roads, streets, and highways in this
state, and for the revision of that classification and for additions to and
deletions from each classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels; to provide
for the allocation of funds from the Michigan transportation fund and the use
and administration of the fund for transportation purposes; to promote safe and
efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other
legal users of roads, streets, and highways; to set up and establish the truck
safety fund; to provide for the allocation of funds from the truck safety fund
and administration of the fund for truck safety purposes; to set up and
establish the Michigan truck safety commission; to establish certain standards
for road contracts for certain businesses; to provide for the continuing review
of transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for
appropriations and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund, local bridge
fund, comprehensive transportation fund, and certain other funds; to provide
for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan transportation
funds may be allocated; to provide for Michigan transportation fund grants; to
provide for review and approval of transportation programs; to provide for
submission of annual legislative requests and reports; to provide for the
establishment and functions of certain advisory entities; to provide for
conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” by amending sections 18a
and 18b (MCL 247.668a and 247.668b), section 18b as amended by 2002 PA 498.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senators Runestad, MacDonald and Lucido
introduced
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 15c of chapter IV (MCL 764.15c), as
amended by 2001 PA 210.
The bill was read a first and second time by title and
referred to the Committee on Judiciary and Public Safety.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills were printed and filed on
Thursday, January 9, and are available on the Michigan Legislature website:
Senate
Bill Nos. 711 712 713 714
House
Bill Nos. 5313 5314 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327
Scheduled Meetings
Agriculture - Thursday, January 16, 8:30 a.m., Room 1200, Binsfeld
Office Building (517) 373-1721
Appropriations - Wednesday, January 15, 2:00 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Families, Seniors, and Veterans - Wednesday,
January 15, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-1721
Health Policy and
Human Services - Thursday, January 16, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517) 373-5323
Senate
Fiscal Agency Board of Governors - Thursday, January 23, 9:00
a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-2768
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:16 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, January 15, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate