STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, October 22, 2019.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Pastor Chris Yager of Cornerstone Baptist Church of
Swartz Creek offered the following invocation:
Heavenly Father, Creator,
Sovereign, and Ruler of heaven and earth, we are so thankful for Your love,
care, and involvement in the details of the affairs of men. Thank You for
wisdom, for guidance, and for help for every situation and the decisions we
face. Thank You for the blessings of living in Michigan, and for our Senators
that are willing to serve this state.
I pray specifically for wisdom
and understanding, guidance and direction for each of them today. Help them as
they seek to do what is right for this state. Help them to have heavenly wisdom
that produces the fruit of peace and every fruit of righteousness. Most of all,
Father, I pray that they would know You and Your son, Jesus. Give them a
profitable day. Bless our state.
We ask all these things in Jesus’
name. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senator Chang moved that Senator Hertel
be temporarily excused from today’s session.
The motion prevailed.
The following communication was
received and read:
Office of the Auditor General
October 16, 2019
Enclosed is a copy of the following
report:
• Performance
audit report on the Flint Water Service Line Replacement Expenditures,
Department of Environment, Great Lakes, and Energy (EGLE) (761-3017-19).
Sincerely,
Doug
Ringler
Auditor
General
The audit report was referred to the
Committee on Oversight.
Messages from the Governor
The following message from the Governor
was received and read:
October 18, 2019
I
respectfully submit to the Senate the following appointment to office pursuant
to Public Act 345 of 1990, MCL 54.263:
State Survey and Remonumentation
Commission
Mr.
Morris O. Thomas of 2030 Rock Way, Lansing, Michigan 48910, county of Ingham,
succeeding Roland Self whose term expires October 20, 2019, appointed to
represent the general public, for a term commencing October 21, 2019 and
expiring October 20, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The appointment was referred to
the Committee on Advice and Consent.
Recess
Senator MacGregor moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time
being 10:06 a.m.
The Senate was called to order by
the President pro tempore, Senator Nesbitt.
During the recess, Senator Hertel
entered the Senate Chamber.
By unanimous consent the Senate
proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate
Bill No. 70
The motion prevailed.
The following bill was read a third
time:
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 and for certain other individuals; 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.
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. 269 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate Bill No. 71, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by
amending sections 509q, 759, and 761 (MCL 168.509q, 168.759, and 168.761),
section 509q as amended by 2012 PA 586 and sections 759 and 761 as amended by
2018 PA 603, and by adding sections 499b and 735a.
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. 270 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
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.
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. 271 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third
time:
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, section 307 as amended by 2018
PA 604, section 310 as amended by 2018 PA 177, and section 314 as amended by
2011 PA 159, and by adding section 310f.
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. 272 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
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.
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. 273 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
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), section 1 as amended by 2018 PA 605, section 1a as amended by 2008
PA 31, and section 2 as amended by 2018 PA 669, and by adding section 2a.
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. 274 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
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.
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. 275 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The Chair:
Nesbitt
The Senate agreed to the title of the
bill.
By unanimous consent the Senate
proceeded to the order of
General Orders
The motion prevailed, and the
President pro tempore, Senator Nesbitt, designated Senator Barrett 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
with a substitute therefor, the following bill:
Senate Bill No. 434, entitled
A bill to amend 1980 PA 299,
entitled “Occupational code,” by amending sections 1201, 1203, 1203b, 1204,
1205, 1211, 1217, and 1218 (MCL 339.1201, 339.1203, 339.1203b, 339.1204,
339.1205, 339.1211, 339.1217, and 339.1218), sections 1201, 1205, 1211, 1217,
and 1218 as amended and section 1203b as added by 1997 PA 97 and section 1204
as amended by 2003 PA 57, and by adding section 1205a; and to repeal acts and
parts of acts.
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
proceeded to the order of
Introduction and Referral of Bills
Senators
Schmidt, Horn, Ananich and Bullock introduced
Senate Bill No. 594, entitled
A bill to amend 1976 PA 451, entitled “The revised
school code,” (MCL 380.1 to 380.1852) by adding section 1283.
The bill was read a first and second time by title and
referred to the Committee on Education and Career Readiness.
Senator Schmidt introduced
A bill to authorize the state
administrative board to accept and convey real property in Grand Traverse County; to prescribe conditions for the conveyance; and to provide for
disposition of the revenue from the conveyance.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
A bill to amend 1933 PA 167,
entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 2d.
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 Finance.
A bill to amend 1937 PA 94, entitled “Use tax act,”
(MCL 205.91 to 205.111) by adding section 5c.
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 Finance.
A bill to amend 1933 PA 167,
entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 2c.
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 Finance.
A bill to amend 1937 PA 94, entitled “Use tax act,”
(MCL 205.91 to 205.111) by adding section 5b.
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 Finance.
Statements
The
motion prevailed.
Senator Johnson’s statement is as
follows:
I’d like to address the
confidentiality bills that just passed unanimously—Senate Bill Nos. 70 through
76. I’m happy to say there was 100 percent bipartisan support of this package
of bills.
In summary, the bills will give
the state the ability to keep confidential the address of victims of domestic
violence, stalking, human trafficking, and others in fear of their safety. It
allows the Secretary of State to shield addresses on personal ID and driver
licenses, as well as those who are on the qualified voter file. It protects
minors in the program from having their address disclosed by their school, and
there’s an educational component to help empower victims with information on
how they can further help protect themselves.
Again, I’d like to thank everyone
in the Senate today for 100 percent support of these bills.
Announcements of Printing and
Enrollment
The
Secretary announced the enrollment printing and presentation to the Governor on
Monday, October 21 for her approval the following bills:
Enrolled Senate Bill No. 84 at 2:39
p.m.
Enrolled Senate Bill No. 90 at 2:41
p.m.
Enrolled Senate Bill No. 93 at 2:43
p.m.
Enrolled Senate Bill No. 97 at 2:45
p.m.
Enrolled Senate Bill No. 99 at 2:47
p.m.
Enrolled Senate Bill No. 100 at 2:49
p.m.
Enrolled Senate Bill No. 101 at 2:51
p.m.
Enrolled Senate Bill No. 102 at 2:53
p.m.
The
Secretary announced that the following bills and joint resolution were printed
and filed on Thursday, October 17, and are available on the Michigan
Legislature website:
Senate
Bill No. 593
House
Bill Nos. 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132
House
Joint Resolution O
Committee Reports
The Committee on Agriculture reported
Senate
Bill No. 174, entitled
A bill
to amend 1988 PA 466, entitled “Animal industry act,” by amending the title and
sections 1, 3, 7, 9, 11b, 12, 14, 19, 20, 22, 31, 39, 40, 43, and 44 (MCL
287.701, 287.703, 287.707, 287.709, 287.711b, 287.712, 287.714, 287.719,
287.720, 287.722, 287.731, 287.739, 287.740, 287.743, and 287.744), the title
and section 43 as amended by 1996 PA 369, sections 1, 20, 39, and 40 as
amended by 2000 PA 323, sections 3, 9, 11b, 14, 19, 22, and 44 as amended by
2002 PA 458, section 7 as amended by 1994 PA 41, and sections 12 and 31 as
amended by 2003 PA 271, and by adding sections 3a, 3b, 12a, 12b, 14a, 17b, 17c,
17d, 40a, 40b, and 43a; and to repeal acts and parts of acts.
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.
Kevin
Daley
Chairperson
To
Report Out:
Yeas:
Senators Daley, Victory and Lauwers
Nays:
Senator Polehanki
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Agriculture reported
Senate
Bill No. 179, entitled
A bill
to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” by
amending section 2 (MCL 290.652), as amended by 2002 PA 601.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Kevin
Daley
Chairperson
To
Report Out:
Yeas:
Senators Daley, Victory, Lauwers, Ananich
and Polehanki
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Agriculture reported
Senate
Bill No. 180, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 12m of chapter XVII (MCL 777.12m), as amended by 2015 PA 213.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Kevin
Daley
Chairperson
To
Report Out:
Yeas:
Senators Daley, Victory, Lauwers, Ananich
and Polehanki
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Agriculture reported
Senate
Bill No. 181, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections
50 and 50b (MCL 750.50 and 750.50b), as amended by 2018 PA 452.
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.
Chairperson
To Report Out:
Yeas: Senators Daley, Victory, Lauwers, Ananich and Polehanki
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Agriculture reported
Senate Bill No. 182, entitled
A bill to amend 2012 PA 487, entitled “Wildlife
depredations indemnification act,” by amending sections 2 and 3 (MCL
285.362 and 285.363).
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.
Kevin
Daley
Chairperson
To Report Out:
Yeas: Senators Daley, Victory, Lauwers, Ananich and Polehanki
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Agriculture reported
Senate Bill No. 183, entitled
A bill to amend 2000 PA 246, entitled “Wolf-dog
cross act,” by amending section 2 (MCL 287.1002), as amended by 2016 PA 299.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Kevin
Daley
Chairperson
To Report Out:
Yeas: Senators Daley, Victory, Lauwers, Ananich and Polehanki
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Agriculture reported
Senate Bill No. 361, entitled
A bill to amend 2011 PA 256, entitled “Michigan
fireworks safety act,” by amending section 12 (MCL 28.462), as amended by 2018
PA 634.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Kevin
Daley
Chairperson
To Report Out:
Yeas: Senators Daley, Victory, Lauwers, Ananich and Polehanki
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Agriculture submitted
the following:
Meeting held on Thursday, October 17,
2019, at 8:30 a.m., Room 1200, Binsfeld Office Building
Present: Senators Daley (C), Victory, Lauwers, Ananich and Polehanki
The Committee on Health Policy and
Human Services reported
House Bill No. 4223, entitled
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Bizon, LaSata, MacDonald, Brinks, Hertel and Santana
Nays:
Senators Johnson and Theis
The
bill was 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 17, 2019, at 1:00 p.m., Room 1100, Binsfeld Office
Building
Present:
Senators VanderWall (C), Bizon,
Johnson, LaSata, MacDonald, Theis,
Brinks, Hertel and Santana
Excused:
Senator Wojno
COMMITTEE
ATTENDANCE REPORT
The
Committee on Economic and Small Business Development submitted the following:
Meeting
held on Thursday, October 17, 2019, at 12:00 noon, Room 1200, Binsfeld Office
Building
Present: Senators Horn (C), VanderWall,
MacGregor, Theis, Lauwers,
Schmidt, McMorrow, Geiss and Moss.
Scheduled
Meetings
Advice and Consent - Wednesday, October 23, 3:30 p.m.
and Thursday, October 24, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312
Appropriations
-
Subcommittee
-
Community Health/Human Services and Health Policy and
Human Services - Thursday, October 31, 1:00
p.m., Senate Hearing Room, Ground Floor, Boji Tower
(517) 373-2768
Economic and Small Business Development - Thursday, October 24, 12:00 noon, Room 1200,
Binsfeld Office Building (517) 373-1721
Families, Seniors and Veterans - Wednesday, October 23, 3:00 p.m., Room 1200, Binsfeld
Office Building (517) 373-1721
Health Policy and Human Services - Thursday, October 24, 1:00 p.m.,
Room 1100, Binsfeld Office Building
(517) 373-5323
Health Policy and Human Services and Community
Health/Human Services Appropriations Subcommittee - Thursday, October 31, 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-5323
Insurance and Banking - Wednesday, October 23, 9:00 a.m., Room 1100, Binsfeld
Office Building (517) 373-5314
Judiciary and Public Safety - Thursday, October 24, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373-5312
Michigan Law Revision Commission - Wednesday, October 23, 11:30 a.m., Legislative Council
Conference Room, 3rd Floor, Boji Tower (517) 373-0212
Transportation
and Infrastructure - Wednesday, October 23, 12:30 p.m.,
Room 1100, Binsfeld Office Building (517) 373-5323
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:55 a.m.
The
President pro tempore, Senator Nesbitt, declared the Senate adjourned until
Wednesday, October 23, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate