No. 94

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, October 8, 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—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—present                                   Moss—present                                 Zorn—present

Hollier—present                                  Nesbitt—present                             


 

Reverend Dr. Frederick Wooden of Fountain Street Church of Grand Rapids offered the following invocation:

Ancient of days, Fount of every blessing, we pause here as we would before a meal to say thank You. First to those who sent us—what an honor it is to be at this table. But we are not here to take and eat but to serve; to secure the blessings of liberty and justice for those who sent us. Next, we are grateful for the ideals that begat this nation, that there can be liberty and justice for all; for these are what bind us together across time and place, gender and class, race, religion, and party. Finally we are grateful for our children, who embody the hope we have. It is for them that we labor, that they may live in a state and a nation and a world more free and more just, where each can truly live beneath their own vine and fig tree in peace and unafraid.

This morning before the ancient Day of Atonement—Yom Kippur—when we are told to repair the errors of the last year, please give us the gift of humility to remember that we are not worthy of this task alone or by our merits, but only by the trust of those who sent us, recalling those other words of Reverend Hale, “I am only one, but still I am one. I cannot do everything, but still I can do something; and because I cannot do everything, I will not refuse to do the something that I can do.”

For the courage to believe this and to do it; to serve even the least of these, we pray. And let the people 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 Johnson be temporarily excused from today’s session.

The motion prevailed.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:07 a.m.

 

11:04 a.m.

 

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

 

During the recess, Senator Johnson entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator MacGregor 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 Wojno 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. 467, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 8b (MCL 722.118b), as amended by 2017 PA 257.

 

 

Senate Bill No. 469, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 19 and 19a of chapter XIIA (MCL 712A.19 and 712A.19a), as amended by 2018 PA 58.

Senate Bill No. 539, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 5d and 5k (MCL 722.115d and 722.115k), as amended by 2017 PA 256.

The bills were placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 466, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2018 PA 431.

Substitute (S-1)

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 468, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 13a.

Substitute (S-1)

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

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:

House Bill No. 4549

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4549, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2017 PA 257.

 

Senator MacGregor moved that Senator Shirkey be excused from the balance of today’s session.

The motion prevailed.

 

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. 242                                    Yeas—37

 

 

Alexander                          Geiss                       MacDonald                            Runestad

Ananich                            Hertel                      MacGregor                             Santana

Barrett                               Hollier                     McBroom                              Schmidt

Bayer                                Horn                        McCann                                 Stamas

Bizon                                Irwin                       McMorrow                             Theis

Brinks                               Johnson                   Moss                                     VanderWall

Bullock                             LaSata                     Nesbitt                                   Victory

Bumstead                          Lauwers                  Outman                                  Wojno

Chang                                Lucido                     Polehanki                               Zorn

Daley                                                                                                             

 

 

                                                               Nays—0

 

 

                                                            Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                          Not Voting—0

 

 

In The Chair: Nesbitt

 

 

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 of the bill.

 

 

The following bill was read a third time:

House Bill No. 4550, entitled

A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending section 4 (MCL 722.874), as amended by 2015 PA 227.

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. 243                                    Yeas—37

 

 

Alexander                          Geiss                       MacDonald                            Runestad

Ananich                            Hertel                      MacGregor                             Santana

Barrett                               Hollier                     McBroom                              Schmidt

Bayer                                Horn                        McCann                                 Stamas

Bizon                                Irwin                       McMorrow                             Theis

Brinks                               Johnson                   Moss                                     VanderWall

Bullock                             LaSata                     Nesbitt                                   Victory

Bumstead                          Lauwers                  Outman                                  Wojno

Chang                                Lucido                     Polehanki                               Zorn

Daley                                                                                                             

 

 

                                                               Nays—0

                                                            Excused—1

 

 

Shirkey                                                                                                          

 

 

                                                          Not Voting—0

 

 

In The Chair: Nesbitt

 

 

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 assistance payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,”.

The Senate agreed to the full title.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator MacGregor moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 30

Senate Resolution No. 38

Senate Resolution No. 49

The motion prevailed.

 

 

Senator Lucido offered the following resolution:

Senate Resolution No. 82.

A resolution to recognize October 2019 as Italian-American Heritage Month.

Whereas, In October of 1492, a three ship expedition led by Christopher Columbus reached the shores of what he named San Salvador (now in the Bahamas). This voyage brought forth a new era of exploration and discovery in the New World; and

Whereas, Those American continents are named after an Italian, the explorer and geographer Amerigo Vespucci; and

Whereas, As Christopher Columbus may have set forth his expedition under a Spanish flag, it is his Italian ancestry which is celebrated to this day; and

Whereas, Italian-Americans have defended the liberty and integrity of the United States since the Revolutionary War. Two of the original signers of the Declaration of Independence, William Paca and Caesar Rodney, as well as Filippo Mazzei, were believed to have been of Italian decent; and

Whereas, An estimated 5.5 million Italians immigrated to the United States between 1820 and 2004; and

Whereas, Today, there are over 18 million Americans of Italian descent in the United States, making them the fourth largest ethnic group; and

Whereas, Italian-Americans have and continue to make important contributions to the state and our local communities. The bonds between the United States of America, the state of Michigan, and the Italian Republic have never been stronger; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize October 2019 as Italian-American Heritage Month; and be it further

Resolved, That the Senate reaffirm its commitment to celebrating the history and heritage of Columbus Day; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of the state of Michigan.

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

Senator MacGregor moved that the rule be suspended.

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

The resolution was adopted.

Senators Alexander, Bayer, Geiss, Horn, Johnson, MacDonald, Santana and Wojno were named co-sponsors of the resolution.

Senator Brinks offered the following resolution:

Senate Resolution No. 83.

A resolution to recognize October 2019 as Breast Cancer Awareness Month.

Whereas, October has long been recognized across America as Breast Cancer Awareness Month in an effort to raise public awareness about the importance of early detection; and

Whereas, In 2019, it is estimated that among American women, there will be 268,600 new cases of invasive breast cancer and 62,930 new cases of in situ breast cancer along with over 40,000 breast cancer deaths; and

Whereas, In 2019, there are more than 3.5 million women with a history of breast cancer in the United States. This includes women currently being treated and women who have finished treatment; and

Whereas, One in eight women will be diagnosed with breast cancer in their lifetime; and

Whereas, Everyone is at risk for breast cancer, but the two most important risk factors are being female and getting older; and

Whereas, The five‑year survival rate among women whose breast cancer has not spread beyond the breast at the time of diagnosis is close to 100 percent; and

Whereas, Since the inception of Breast Cancer Awareness Month in 1985, mammography use across America has doubled and breast cancer death rates have declined; and

Whereas, Efforts to promote increased mammogram screening have resulted in the declaration of the third Friday in October being known as National Mammography Day; and

Whereas, Even with impressive progress, many women do not utilize mammograms or other recommended testing methods at regular intervals before physical symptoms can be seen or felt. Breast cancer deaths could decline further if all women age 40 and older received recommended screenings at regular intervals; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare October 2019 as Breast Cancer Awareness Month; and be it further

Resolved, That we urge all Michiganders to use this month as an opportunity to educate themselves about breast cancer, take proactive steps to reduce their risks, and get appropriate screenings.

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

Senator MacGregor moved that the rule be suspended.

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

The resolution was adopted.

Senators Alexander, Bayer, Chang, Geiss, Hollier, Horn, Johnson, Lucido, McCann, Moss, Polehanki, Santana and Wojno were named co-sponsors of the resolution.

 

By unanimous consent the Senate returned to the order of

Messages from the Governor

 

 

The following messages from the Governor were received and read:

October 4, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16805:

Michigan Board of Audiology

Mr. Mark A. Epolito of 5806 Wood Valley Drive, Haslett, Michigan 48840, county of Ingham, succeeding Lisa Brennan who has resigned, appointed to represent the general public, for a term commencing October 4, 2019 and expiring June 30, 2020.

 

October 4, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 350 of 1980, MCL 550.1652:

Health Endowment Fund Board

Mrs. Susan M. Jandernoa of 8805 Olive Shore, West Olive, Michigan 49460, county of Ottawa, reappointed to represent an individual recommended by the Speaker of the House of Representatives, for a term com­mencing October 4, 2019 and expiring October 1, 2023.

Ms. Tina Reynolds of 2898 Colony Drive, East Lansing, Michigan 48823, county of Ingham, reappointed to represent an individual recommended by the Senate Minority Leader, for a term commencing October 4, 2019 and expiring October 1, 2023.

Ms. Alexis N. Wiley of 200 Keelson Drive, Detroit, Michigan 48215, county of Wayne, reappointed to represent an individual recommended by the House Minority Leader, for a term commencing October 4, 2019 and expiring October 1, 2023.

 

October 4, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16907 and 333.16121:

Michigan Board of Marriage and Family Therapy

Dr. Kendal N. Holtrop of 3798 Crooked Creek Drive, Okemos, Michigan 48864, county of Ingham, succeeding Andrea Wittenborn who has resigned, appointed to represent licensed marriage and family therapists, for a term commencing October 4, 2019 and expiring June 30, 2020.

 

October 4, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 451 of 1994, MCL 324.1905:

Michigan Natural Resources Trust Fund Board

Mr. Steven K. Hamp of 1520 Harding Road, Ann Arbor, Michigan 48104, county of Washtenaw, reappointed for a term commencing October 4, 2019 and expiring October 1, 2023.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments 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 11:22 a.m.

 

11:30 a.m.

 

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

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

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

The motion prevailed.

Senator Brinks’ statement is as follows:

I rise today to speak about my resolution to declare October Breast Cancer Awareness Month in the state of Michigan.

In the United States, a woman is diagnosed every three minutes, and breast cancer is the second-leading cause of cancer death among women. Those diagnosed are our friends, our family members, our neighbors, our colleagues, and ourselves. In fact, it is rare to find someone whose life has not been touched by breast cancer. October was first designated Breast Cancer Awareness Month in 1985 to spread the word about the importance of breast cancer screenings so that we lose fewer of our mothers, sisters, wives, daughters, and friends to this terrible disease.

Today, while much progress has been made, breast cancer continues to take its toll on our lives, ourselves, and our loved ones. This year alone, there will be over 260,000 new cases of invasive breast cancer and over 40,000 breast cancer deaths. However, advances in medicine and technology have made it more possible than ever to cure the disease. In fact, the five-year survival rate among those diagnosed before the cancer spreads beyond the breast is almost 100 percent. These improvements in prognosis are only possible with early detection and early detection is not without its challenges. For example, 50 percent of women have dense breast tissue and dense breast tissue is known to hide cancer which increases the chance that it will go undetected by a mammogram.

In 2014, I was proud to sponsor legislation that was ultimately successful which ensures that patients with dense breast tissue are informed of their increased risk and empowered to take proper health precautions in consultation with their physicians. Today I offer this resolution to remind us all to continue to encourage both men and women to visit their physicians for regular screenings and physicals because early detection is so vital for saving millions of lives.

In honor of all those whose lives have been cut short, in honor of those who fought this battle and won, and for those who will be diagnosed in the future, please join me today in raising awareness and early detection so more lives can be saved. Thank you for your support of this resolution.

 

 

Recess

 

 

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

The motion prevailed, the time being 11:33 a.m.

 

12:07 p.m.

 

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

 

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

 

 

Senators Ananich, Hertel, Chang, Alexander, Bullock, Wojno, Brinks, Polehanki, Moss, Irwin, Santana, Bayer, Geiss and Hollier introduced

Senate Bill No. 542, entitled

A bill to amend 2018 PA 337, entitled “Improved workforce opportunity wage act,” by amending section 4a (MCL 408.934a), as amended by 2018 PA 368.

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

 

 

Senators VanderWall and Nesbitt introduced

Senate Bill No. 543, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2010 PA 266.

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

 

 

Senators VanderWall, Lucido and Bumstead introduced

Senate Bill No. 544, entitled

A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending section 1a (MCL 800.281a), as amended by 1998 PA 514.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Stamas introduced

Senate Bill No. 545, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 252 (MCL 388.1836 and 388.1852), section 236 as amended by 2019 PA 62 and section 252 as amended by 2018 PA 265.

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

Senator Stamas introduced

Senate Bill No. 546, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 547, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 548, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 549, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 550, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 551, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 552, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1897l) by adding section 54e.

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

 

 

Senator Stamas introduced

Senate Bill No. 553, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 554, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 555, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 20, and 22b (MCL 388.1611, 388.1620, and 388.1622b), as amended by 2019 PA 58.

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

 

 

Senator Stamas introduced

Senate Bill No. 556, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 61c (MCL 388.1661c), as amended by 2018 PA 265.

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

 

 

Senator Stamas introduced

Senate Bill No. 557, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 558, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 35a (MCL 388.1635a), as amended by 2019 PA

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

 

 

Senator Stamas introduced

Senate Bill No. 559, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 560, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 561, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1897l) by adding section 97.

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

 

 

Senator Stamas introduced

Senate Bill No. 562, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 563, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 564, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 565, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 566, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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

Senate Bill No. 567, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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.

 

 

House Bill No. 4315, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479b (MCL 750.479b), as added by 1994 PA 33.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

House Bill No. 4316, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

House Bill No. 4389, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, and 14707.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4390, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2 and 9 (MCL 29.362 and 29.369), as amended by 2017 PA 144, and by adding section 9c.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4391, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 14 (MCL 408.1014), as amended by 2012 PA 415, and by adding section 14r.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

Senator MacGregor moved that when the Senate adjourns today, it stand adjourned until Thursday, October 10, 2019, at 10:00 a.m.

The motion prevailed.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 3:

House Bill Nos.     4389   4390  4391

 

The Secretary announced that the following bills and resolution were printed and filed on Thursday, October 3, and are available on the Michigan Legislature website:

Senate Bill Nos.      540    541

Senate Resolution No.       81

House Bill Nos.     5033   5034   5035   5036 5037

 

 

Committee Reports

 

 

The Committee on Judiciary and Public Safety reported

Senate Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or electronic communication.

With the recommendation that the joint resolution be adopted.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The joint resolution was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 70, entitled

A bill to create the address confidentiality program; to provide certain protections for victims of domestic violence, sexual assault, stalking, or human trafficking; to prescribe duties and responsibilities of certain state departments; to require the promulgation of rules; to create a fund; to prohibit the disclosure of certain information and obtaining a certification under this act by fraud; and to prescribe penalties.

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.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary and Public Safety reported

Senate Bill No. 71, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509q, 758, 759, and 761 (MCL 168.509q, 168.758, 168.759, and 168.761), section 509q as amended by 2012 PA 586, section 758 as amended by 1996 PA 207, section 759 as amended by 2012 PA 523, and section 761 as amended by 2018 PA 129, and by adding sections 499b and 735a.

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.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 72, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1136 (MCL 380.1136), as added by 2016 PA 367.

With the recommendation that the bill pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 73, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 40b, 307, 310, and 314 (MCL 257.40b, 257.307, 257.310, and 257.314), section 40b as amended by 2012 PA 498, sections 307 and 310 as amended by 2018 PA 177, and section 314 as amended by 2011 PA 159, and by adding sec­tion 310f.

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.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 74, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identi­fication card act,” by amending section 4 (MCL 28.304), as amended by 2018 PA 47.

With the recommendation that the bill pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary and Public Safety reported

Senate Bill No. 75, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), sections 1 and 2 as amended by 2018 PA 176 and section 1a as amended by 2008 PA 31, and by adding section 2a.

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.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 76, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as amended by 2000 PA 112 and section 1307a as amended by 2012 PA 69.

With the recommendation that the bill pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 114, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 25c to chapter IV.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, Barrett, Chang and Irwin

Nays: Senators VanderWall and Runestad

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 341, entitled

A bill to require a law enforcement agency to obtain a search warrant to access certain electronic information or data; to prescribe the manner in which certain electronic information or data may be accessed or used; to require notification to the owner or user of the electronic information, data, or electronic device that the electronic information, data, or electronic device has been accessed; and to provide remedies.

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.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, Barrett, Johnson, Runestad, Chang and Irwin

Nays: Senator VanderWall

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary and Public Safety reported

Senate Bill No. 342, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 21b to chapter XVI.

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.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, Barrett, Johnson, Runestad, Chang and Irwin

Nays: Senator VanderWall

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Thursday, October 3, 2019, at 8:30 a.m., Room 1100, Binsfeld Office Building

Present: Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

 

 

The Committee on Economic and Small Business Development reported

Senate Resolution No. 73.

A resolution to urge the Congress of the United States to speedily approve the recently negotiated United States-Mexico-Canada Agreement.

(For text of resolution, see Senate Journal No. 83, p. 880.)

With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted:

A resolution to urge the Congress of the United States to speedily approve the recently negotiated United States-Mexico-Canada Agreement.

Whereas, The North American Free Trade Agreement (NAFTA) is a close tri-lateral relationship between the United States, Canada, and Mexico. For more than 25 years, NAFTA has been economically, culturally, and strategically important for all parties; and

Whereas, NATFA is significant for the American economy. Trade with Canada and Mexico supports nearly 12 million American jobs, and nearly 5 million of those jobs are supported by increased NAFTA trade. Since the agreement began in 1994, trade with Canada and Mexico has nearly quadrupled to $1.3 trillion, and the two countries buy more than one-third of U.S. merchandise exports. U.S. service exports to Canada and Mexico have also tripled, rising from $27.5 billion in 1993 to $91.3 billion in 2017, thanks to the trade agreement’s new market access and clearer rules; and

Whereas, Trade with Canada and Mexico is significant to U.S. states. For 43 states, our contiguous inter­national neighbors represent the first or second largest export market, and all but one state counts Canada or Mexico as a top three trading partner. Canada is Michigan’s largest export market, and Mexico is Michigan’s third largest export market. NAFTA has also contributed to a 300 percent increase in Michigan’s agricultural exports to Canada and Mexico; and

Whereas, Small and medium-sized enterprises in the United States rely on trade with Canada and Mexico to support and grow their business. Canada and Mexico are the top two export destinations for U.S. small and medium-sized enterprises, more than 125,000 of which sold their goods and services in Canada and Mexico in 2014; and

Whereas, Trade among our North American trading partners is made up predominantly of intellectual property (IP)-intensive goods and services that employ millions of Americans in high paying jobs and generate billions of dollars in economic output. However, many of the IP-intensive goods, services, and exchanges through which trade is facilitated did not exist when the agreement was drafted. This situation has resulted in uneven and weak IP enforcement. Stronger enforcement of IP rights will encourage more foreign direct investment and increase gross domestic product; and

Whereas, The United States-Mexico-Canada Agreement (USMCA) creates a 21st Century trade agreement for North America. The renegotiated USMCA has provisions favorable to U.S. autoworkers that would help level the playing field between U.S. and Mexican autoworkers. The updated agreement is also more beneficial to the agricultural sector than NAFTA and will offer a higher degree of certainty and stability to Michigan farmers. The new IP provisions are the most comprehensive of any multilateral U.S. trade agreement and are vastly superior to those included in NAFTA; and

Whereas, The USMCA is a win for all three countries. Ratification will modernize North American trade, reduce uncertainty by setting the rules for every player, encourage investment and innovation, and support millions of well-paying manufacturing jobs. The USMCA will also encourage automotive research and development investments in the United States and ensure that the U.S. automotive industry, which is fundamental to the Michigan economy, remains a leader in the global economy; and

Whereas, A seamless transition between NAFTA and the USMCA will ensure that none of the benefits in trade accomplished by the integration of the three North American economies will be lost; now, therefore, be it

Resolved by the Senate, That we urge the Congress of the United States to speedily approve the recently negotiated United States-Mexico-Canada Agreement; 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.

                                                                                       Ken Horn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Horn, VanderWall, MacGregor, Theis, Lauwers and Schmidt

Nays: None

The resolution and the substitute recommended by the committee were placed on the order of Resolutions.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic and Small Business Development submitted the following:

Meeting held on Thursday, October 3, 2019, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Horn (C), VanderWall, MacGregor, Theis, Lauwers, Schmidt, McMorrow, Geiss and Moss

 

 

The Committee on Health Policy and Human Services reported

Senate Resolution No. 80.

A resolution to urge the United States Congress to increase funding for sickle cell disease research.

(For text of resolution, see Senate Journal No. 92, p. 1436.)

With the recommendation that the resolution be adopted.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The resolution was placed on the order of Resolutions.

 

 

The Committee on Health Policy and Human Services reported

House Bill No. 4412, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17766g.

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.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Health Policy and Human Services submitted the following:

Meeting held on Thursday, October 3, 2019, at 1:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

COMMITTEE ATTENDANCE REPORT

 

The Committee on Local Government submitted the following:

Meeting held on Thursday, October 3, 2019, at 1:30 p.m., Room 1200, Binsfeld Office Building

Present: Senators Zorn (C), Johnson, Daley, Alexander and Moss

 

 

Scheduled Meetings

 

 

Advice and Consent - Thursday, October 10, 11:30 am, Room 1300, Binsfeld Office Building (517) 373-5312

 

Economic and Small Business Development - Thursday, October 10, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

Health Policy and Human Services - Thursday, October 10, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

 

Legislative Council - Thursday, October 10, 9:45 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-0212

 

Michigan Law Revision Commission - Wednesday, October 23, 11:30 a.m., Legislative Council Confer­ence Room, 3rd Floor, Boji Tower (517) 373-0212

 

State Drug Treatment Court Advisory Committee - Tuesday, October 15, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (517) 373-0212

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 12:18 p.m.

 

In pursuance of the order previously made, the President pro tempore, Senator Nesbitt, declared the Senate adjourned until Thursday, October 10, 2019, at 10:00 a.m.

 

 

                                                                                                     MARGARET O’BRIEN

                                                                                                     Secretary of the Senate