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.
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
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
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,
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.
Senator
Lauwers moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
Senators Brinks and Polehanki were
named co-sponsors of the 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.
Senator
Lauwers moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
Senator Brinks was named co-sponsor of
the resolution.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
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
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.
Senator
Lauwers moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 11:13 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.
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
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
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