No. 11

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Thursday, January 30, 2020.

 

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—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—present                                   Moss—present                                 Zorn—present

Hollier—present                                  Nesbitt—present                             


 

Bishop Theresa Lee of New Birth International Church of Pontiac offered the following invocation:

Our Lord God and Savior Jesus Christ, we give You adoration and praise, thanking You for our government officials and the works that You have entrusted into their hands. Before time was time You had predestined this day—January 30, 2020—that our government officials would stand before You asking for guidance and giving You praise.

Lord, as we come before You today in this session, these are Your servants that have taken an oath to stand at the brink of such great events beyond mere commonplaces. Lord we ask in Your name above all names, that You would pour out Your wisdom, knowledge, and understanding over our state government officials. We pray that our leaders would work together in the spirit of unity.

For we know that there are new horizons to be conquered. But Your wisdom, knowledge, and understanding will give us the victory in the name of Jesus. Lord we thank You for unusual and uncommon favor to be released over the state of Michigan.

Father God, we live in the shelter of You, the Most High. We find rest in the shadow of Your Almighty Father. You alone will rescue us from every trap and protect our state leaders from any deadly, deceitful conspiracy disease. God, cover our state government officials with Your feathers. God, shelter them with Your wings.

Lord, You said that You will rescue those who love You. You will protect those who trust in Your name. When they call on You, You will answer. You said that, “I will be with them in trouble.” You will rescue and honor them. You will reward them with a long life and give them Your salvation. Amen

 

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

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

Senator Lauwers moved that Senator Shirkey be temporarily excused from today’s session.

The motion prevailed.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:05 a.m.

 

11:01 a.m.

 

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

 

During the recess, Senators Hertel and Ananich entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator Lauwers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator Bizon 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 bill:

Senate Bill No. 281, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16238 (MCL 333.16238), as added by 1993 PA 79, and by adding section 16240.

The bill was placed on the order of Third Reading of Bills.

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Lauwers moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:

Senate Resolution No. 94

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

 

 

Senator Outman offered the following resolution:

Senate Resolution No. 94.

A resolution to commemorate February 1, 2020, as Blue Star Mother’s Day.

Whereas, Blue Star Mothers of America, Inc., is a national organization of mothers whose sons and daughters serve honorably in the nation’s armed forces; and

Whereas, Blue Star Mothers of America, Inc., was founded in Flint, Michigan in 1942; and

Whereas, The purposes and activities of Blue Star Mothers of America, Inc., include all of the following:

·     Perpetuating the memory of the men and women who have served our country as members of the armed forces;

·     Welcoming home returning veterans;

·     Visiting wounded veterans in hospitals and rehabilitation centers;

·     Assisting in veterans ceremonies;

·     Attending patriotic rallies and meetings;

·     Maintaining true allegiance to the government of the United States;

·     Upholding the American institutions of freedom, justice, and equal rights;

·     Caring for the unsupported mothers who gave their sons and daughters to the service of the nation; and

·     Providing moral support for members; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate February 1, 2020, as Blue Star Mother’s Day; and be it further

Resolved, That we recognize the contributions that Blue Star Mothers of America, Inc., has made to our state and nation.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Brinks and Polehanki were named co-sponsors of the resolution.

 

 

Senator VanderWall offered the following resolution:

Senate Resolution No. 95.

A resolution to recognize February 2020 as Children’s Dental Health Month.

Whereas, Dental health problems can cause children to experience pain, trouble sleeping, poor performance at school, difficulty eating, self-esteem issues, and other impediments to success; and

Whereas, Poor oral hygiene can affect overall health. Dental decay is largely preventable with proper dental care, good eating habits, and proper oral hygiene; and

Whereas, Children’s Dental Health Month brings together health care providers, community health organizations, educators, and other stakeholders to promote the importance of children’s dental health and help reduce the incidence of dental disease among children; now, therefore, be it

Resolved by the Senate, That we recognize February 2020 as Children’s Dental Health Month; and be it further

Resolved, That we encourage Michigan residents to take action to ensure that children receive the dental care that they need to achieve optimum health.

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

Senator Lauwers moved that the rule be suspended.

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

The resolution was adopted.

Senators Brinks and Polehanki were named co-sponsors of the resolution.

 

 

Senators Hollier, Wojno, McMorrow, Polehanki, McCann, Chang and Alexander offered the following resolution:

Senate Resolution No. 96.

A resolution to recognize January 2020 as School Board Recognition Month.

Whereas, Michigan is home to more than 600 boards of education that work hard to enrich the lives of Michigan’s students through education and who directly influence instruction in Michigan’s public schools; and

Whereas, Article VII, Section 2, of the Michigan Constitution of 1963 states that providing for the education of Michigan’s children is a fundamental duty of state government; and

Whereas, Our state’s public education system is designed to meet the educational needs of all children and to empower them to become competent, productive contributors to society in an ever-changing world; and

Whereas, Members of local school boards are dedicated to children, learning, and their communities, while devoting many hours of service to elementary and secondary public education as they continually strive for improvement, excellence, and progress in education; and

Whereas, Local school boards recognize that all children can be successful learners, especially when education is tailored to individual needs of the child; and

Whereas, Members of local school boards are exceptional people who have committed themselves to this duty by governing school districts and advancing student achievement in the schools and communities in which they serve; and

Whereas, During this month, we join the Michigan Association of School Boards, Michigan Department of Education, local school districts, and community organizations to recognize and raise awareness of the countless efforts and contributions of school boards and school board members throughout Michigan; now, therefore, be it

Resolved by the Senate, That we recognize January 2020 as School Board Recognition Month; and be it further

Resolved, That we urge all citizens to observe this momentous occasion.

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

Senator Lauwers moved that the rule be suspended.

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

The resolution was adopted.

Senator Brinks was named co-sponsor of the resolution.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Chang, Bayer, Geiss, Wojno, Polehanki, Irwin, Alexander, Bullock, Moss and Hollier introduced

Senate Bill No. 763, entitled

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” by amending sections 22, 28, and 45 (MCL 460.1022, 460.1028, and 460.1045), sections 22 and 28 as added and section 45 as amended by 2016 PA 342, and by adding section 32.

The bill was read a first and second time by title and referred to the Committee on Energy and Technology.

 

 

Statements

 

 

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

The motion prevailed.

Senator Chang’s statement is as follows:

Today communities across the country are celebrating Fred Korematsu Day. Fred Korematsu was born to Japanese immigrant parents in Oakland, California on January 30, 1919. Following President Franklin D. Roosevelt’s Executive Order 9066—that authorized the Secretary of War to require all Americans of Japanese ancestry to be placed in internment camps—Mr. Korematsu was arrested and incarcerated for refusing to report himself to an assembly center and moved to an internment camp on May 30, 1942.

He took his case to the courts in Korematsu v. United States. Ultimately, his conviction was overturned and the court declared that his incarceration was unjustified and unconstitutional. This was a huge victory for civil liberties in our country, so today we remember Fred Korematsu for his bravery, strength, and tenacity in fighting for what he believed and what was just.

Recess

 

 

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

The motion prevailed, the time being 11:13 a.m.

 

11:26 a.m.

 

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

 

During the recess, Senator Shirkey entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

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

Senate Bill No. 714

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 714, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32312, 32312a, and 32510 (MCL 324.32312, 324.32312a, and 324.32510), section 32312 as amended by 2019 PA 84, section 32312a as added by 1997 PA 126, and section 32510 as added by 1995 PA 59, and by adding sections 32312c and 32517.

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. 32                                             Yeas—22

 

 

Barrett                               LaSata                     Nesbitt                                   Stamas

Bizon                                Lauwers                  Outman                                  Theis

Bumstead                          Lucido                     Runestad                                VanderWall

Daley                                MacDonald              Schmidt                                 Victory

Horn                                 MacGregor              Shirkey                                  Zorn

Johnson                             McBroom                                                             

 

 

                                                                     Nays—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 384, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 464b.

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. 33                                             Yeas—28

 

 

Alexander                          Daley                       Lucido                                   Polehanki

Ananich                            Geiss                       MacDonald                            Runestad

Barrett                               Horn                        McBroom                              Santana

Bayer                                Irwin                       McMorrow                             Shirkey

Bizon                                Johnson                   Moss                                     Stamas

Bullock                             LaSata                     Nesbitt                                   Theis

Bumstead                          Lauwers                  Outman                                  Victory

 

 

                                                                     Nays—10

 

 

Brinks                               Hollier                     Schmidt                                 Wojno

Chang                                MacGregor              VanderWall                            Zorn

Hertel                                McCann                                                                

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

Recess

 

 

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

The motion prevailed, the time being 11:30 a.m.

 

11:58 a.m.

 

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

 

 

The following bill was read a third time:

Senate Bill No. 385, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 465 (MCL 750.465).

The question being on the passage of the bill,

Senator Barrett offered the following substitute:

Substitute (S-1).

The question being on the adoption of the substitute,

Senator Stamas offered the following amendment to the substitute:

1.  Amend page 5, following line 22, by inserting:

     (7) A ticket seller that engages in a sale under subsection (5)(c) must inform the purchaser if the ticket seller does not have possession of the purchased ticket not less than 48 hours before the event for which the ticket was purchased is scheduled to occur, unless waived by the purchaser prior to 48 hours before the event.” and renumbering the remaining subsections.

The amendment to the substitute was adopted.

The substitute as amended 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. 34                                             Yeas—28

 

 

Alexander                          Daley                       Lucido                                   Polehanki

Ananich                            Geiss                       MacDonald                            Runestad

Barrett                               Horn                        McBroom                              Santana

Bayer                                Irwin                       McMorrow                             Shirkey

Bizon                                Johnson                   Moss                                     Stamas

Bullock                             LaSata                     Nesbitt                                   Theis

Bumstead                          Lauwers                  Outman                                  Victory

 

 

                                                                     Nays—10

 

 

Brinks                               Hollier                     Schmidt                                 Wojno

Chang                                MacGregor              VanderWall                            Zorn

Hertel                                McCann                                                                

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Wednesday, January 29, and are available on the Michigan Legislature website:

Senate Bill Nos.      760    761    762

 

 

Committee Reports

 

 

The Committee on Finance reported

House Bill No. 4203, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2017 PA 221, and by adding section 4ff.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Jim Runestad

                                                                                       Chairperson

To Report Out:

Yeas: Senators Runestad, Daley, Bumstead, VanderWall, Chang and Alexander

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Finance reported

House Bill No. 4204, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2017 PA 220, and by adding section 4ff.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Jim Runestad

                                                                                       Chairperson

To Report Out:

Yeas: Senators Runestad, Daley, Bumstead, VanderWall, Chang and Alexander

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, January 29, 2020, at 12:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Runestad (C), Daley, Bumstead, VanderWall, Chang and Alexander

Excused: Senator Nesbitt

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Wednesday, January 29, 2020, at 9:00 a.m., Room 1100, Binsfeld Office Building

Present: Senators Barrett (C), LaSata, McBroom, Outman, Lauwers, Geiss, Bullock and Hollier

Excused: Senator Victory

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Elections submitted the following:

Meeting held on Wednesday, January 29, 2020, at 2:00 p.m., Room 1200, Binsfeld Office Building

Present: Senators Johnson (C), McBroom, Lucido, VanderWall and Wojno

 

 

Scheduled Meetings

 

 

Appropriations -

 

Subcommittees -

 

Agriculture and Rural Development - Thursday, February 20, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

Community Health/Human Services - Wednesday, February 5, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

Justice and Public Safety - Thursdays, February 13, February 20 and February 27, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

K-12 and Michigan Department of Education - Thursday, February 13, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Labor and Economic Opportunity/MEDC - Tuesdays, February 11, February 18, February 25 and March 3, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Economic and Small Business Development - Thursday, February 6, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 12:05 p.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, February 4, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate