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
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.
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
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.
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.
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.
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)
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.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
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.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
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.
The Senate was called to order by the
President pro tempore, Senator Nesbitt.
By unanimous consent the Senate
proceeded to the order of
Statements
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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.
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.
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.
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
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