No. 114

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, December 10, 2019.

 

10:00 a.m.

 

 

The Senate was called to order by the Assistant President pro tempore, Senator Lana Theis.

 

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 Matthew J. Stob of Maranatha Church of Holland offered the following invocation:

Creator God, we stand in awe of the works of Your hands, praising You for the wonder of life and for Your faithful and good governance in upholding this world and its times and seasons—and even our very lives. Given Your unmatched ability to govern and sustain, we marvel that You have bestowed upon us the responsibility to participate in the governance of this world—to be wise and just stewards of Your many gifts for the well-being of our own lives, our families, our neighbors, our communities, the environment, and this state. What a privilege this is—and how energizing and rewarding it can be to participate in this important work. Indeed, we are grateful and honored.

Even so, given the needs of so many, given the complexities of the many issues to be addressed, and given the different viewpoints we hold, we admit that we are at times burdened by the responsibility You have given us. Thus today—as is the case everyday—we ask for Your blessing. Grant each of us what we need to serve each other and our neighbors well as we seek what is best for our shared life together.

Finally, O God, thank You for these Senators and for their many staff members who have devoted them-selves to serving this state and their constituencies. Sustain them, strengthen them, and even gladden them for the work that is before them today. May they go about their work in the confidence of knowing that through the will of their electorates You have appointed them for this task—and may they know well within their inner beings that You will provide wisdom in sufficient measure. And if any here today are feeling the burden of their office in a particular way, gift them with fresh energy, and fresh insight, and fresh resolve—and especially, gift and empower them with Your refreshing and renewing Spirit.

Receive our praise, O God, accept our thanks, and hear our prayers, Amen.

 

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

 

 

Motions and Communications

 

 

Senator McCann entered the Senate Chamber.

 

Senator Chang moved that Senator Ananich 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 10:06 a.m.

 

11:09 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator Ananich entered the Senate Chamber.

 

 

Senator MacGregor moved that the Committee on Oversight be discharged from further consideration of the following bills:

House Bill No. 4336, entitled

A bill to amend 2003 PA 1, entitled “An act to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act,” by amending the title and section 1 (MCL 13.101).

 

 

House Bill No. 4574, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.9) by adding section 6a.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator MacGregor moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4336

House Bill No. 4574

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

 

 

Senator MacGregor moved that the Committee on Economic and Small Business Development be discharged from further consideration of the following bill:

House Bill No. 4091, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 8 (MCL 207.778), as amended by 2005 PA 339.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Senator MacGregor moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4091

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

 

 

Senator MacGregor moved that rule 3.902 be suspended to allow the guests of Senator Bumstead admittance to the Senate floor, including the center aisle.

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

 

 

Senator MacGregor moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

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

 

 

Recess

 

 

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

The motion prevailed, the time being 11:12 a.m.

 

11:32 a.m.

 

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

 

During the recess, Senator Bumstead introduced the Muskegon Mona Shores Sailors football team and head coach Matt Koziak, MHSAA Division 2 state champions; and presented them with a Special Tribute.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

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

Senate Resolution No. 90

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

 

 

Senator MacGregor offered the following resolution:

Senate Resolution No. 90.

A resolution to recognize December 2019 as Impaired Driving Prevention Month.

Whereas, According to the National Highway Traffic Safety Administration, 10,511 people died in preventable impaired driving traffic crashes in 2018; and

Whereas, Every year, approximately one-third of alcohol-related traffic deaths involve repeat Driving Under the Influence (DUI) offenders and nearly 70 percent involve people who drove at very high Blood Alcohol Content (BAC) levels of 0.15 and above; and

Whereas, The issue of drug-impaired driving is also on the rise and polysubstance-impaired driving (driving after consuming a combination of substances) is outpacing alcohol-impaired driving in many jurisdictions; and

Whereas, These high risk impaired drivers pose a critical threat on our roadways and states need to utilize new technology to more effectively deter, identify, prosecute, and monitor DUI offenders and such technologies like oral fluid testing, electronic warrants, case management software, specialized training, ignition interlocks, and continuous alcohol monitoring; and

Whereas, All impaired driving offenders should receive, at a minimum, screening for substance use disorders and mental health issues by using a tool validated specifically for DUI offenders to accurately capture their risk of re-offending and treatment needs; and

Whereas, The state of Michigan is the first state to legislatively authorize an oral fluid pilot test program and expand it statewide to examine the ability to quickly, reliably, and cost effectively identify impaired drivers who are using drugs; and

Whereas, Michigan has also been a leader in establishing Driving While Intoxicated (DWI) courts to change the behavior of the most dangerous impaired drivers on our roadways while Responsibility.org, Lyft, Abbott, and advocacy groups are working together to eliminate impaired driving; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize December 2019 as Impaired Driving Prevention Month; and be it further

Resolved, That we recognize the importance of educating the public on the impaired driving problem in Michigan and what can be done to eliminate it.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

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

The motion prevailed.

Senator MacGregor’s statement is as follows:

Senate Resolution No. 90 is a resolution that I have prepared to declare December 9, 2019 Impaired Driving Prevention Month in the state of Michigan. Unfortunately many of our lives have been negatively impacted by drunk or impaired driving. Drunk and impaired drivers pose a threat to drivers across the state and with the legalization of marijuana in our state, the numbers of impaired drivers on the roads will definitely increase. With the passage of this resolution, we are reminded of the importance of educating the public on the dangers of impaired driving and the importance of equipping law enforcement with the tools they need to keep our communities safe.

With us in the east Gallery—and I have Senator McBroom and Senator Victory here with me to welcome them—we have Brian Swift, the Crime Victims Advocate from Delta County, and also Boro Reljic from Abbott, who are the ones who have created the roadside testing equipment that our State Police are using. Please help me welcome them.

 

By unanimous consent the Senate returned 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 VanderWall 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:

House Bill No. 4574, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.9) by adding section 6a.

 

 

House Bill No. 5177, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 365.

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:

House Bill No. 4336, entitled

A bill to amend 2003 PA 1, entitled “An act to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act,” by amending the title and section 1 (MCL 13.101).

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:

House Bill No. 5176, entitled

A bill to amend 1921 PA 2, entitled “An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred,” by amending section 3 (MCL 17.3).

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.

 

 

Senator MacGregor moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4336

House Bill No. 4574

House Bill No. 5176

House Bill No. 5177

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

 

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. 4336

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4336, entitled

A bill to amend 2003 PA 1, entitled “An act to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act,” by amending the title and section 1 (MCL 13.101).

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. 336                                    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

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 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. 4574, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.9) by adding section 6a.

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. 337                                    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

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 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. 5176, entitled

A bill to amend 1921 PA 2, entitled “An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred,” by amending section 3 (MCL 17.3).

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. 338                                    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

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 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. 5177, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 365.

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. 339                                    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

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 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 prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

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

Senate Bill No. 152

The motion prevailed.

 

 

Senate Bill No. 152, 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.

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

Senator Stamas offered the following amendment to the substitute:

1.  Amend page 18, following line 28, by inserting:

     Sec. 203. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this act for the particular department, board, commission, officer, or institution.”.

The amendment to the substitute was adopted, a majority of the members serving voting therefor.

The question being on concurring in the House substitute as amended,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 340                                    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 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.

 

 

Senate Bill No. 154, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 20, 22b, 22d, 25f, 25g, 31a, 35a, 236, 251, and 252 (MCL 388.1611, 388.1620, 388.1622b, 388.1622d, 388.1625f, 388.1625g, 388.1631a, 388.1635a, 388.1836, 388.1851, and 388.1852), sections 11, 20, 22b, 31a, and 35a as amended by 2019 PA 58, sections 22d, 25f, 25g, and 252 as amended by 2018 PA 265, and sections 236 and 251 as amended by 2019 PA 62, and by adding sections 35c, 54e, and 97.

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 341                                    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 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 as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess until 1:15 p.m.

The motion prevailed, the time being 12:09 p.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Nesbitt.

 

 

Recess

 

 

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

The motion prevailed, the time being 1:16 p.m.

 

1:49 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

Motions and Communications

 

 

The following communication was received and read:

Office of the Senate Majority Leader

December 9, 2019

Pursuant to Public Act 66 of 2019, I am appointing Senator Tom Barrett to the Michigan State Transportation Innovation Council (MI-STIC).

If you have any questions regarding this matter, please do not hesitate to contact me.

                                                                                       Sincerely,

                                                                                       Mike Shirkey

                                                                                       16th Senate District

                                                                                       Senate Majority leader

The communication was referred to the Secretary for record.

 

 

The following communications were received and read:

Office of the Auditor General

December 4, 2019

Enclosed is a copy of the following report:

    Financial audit report on the Michigan State Housing Development Authority Cash and Investments, Department of Labor and Economic Opportunity (186-0201-19).

December 5, 2019

Enclosed is a copy of the following report:

    Performance audit report on the Workers’ Compensation Agency, Department of Licensing and Regulatory Affairs (641-0470-18).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit reports were referred to the Committee on Oversight.

 

 

The following communication was received:

Office of Senator Stephanie Chang

December 5, 2019

Per Senate Rule 1.110(c) I am requesting that my name be removed as a sponsor to Senate Bill 0582 which was introduced on October 15, 2019 and was referred to the Senate Committee on Environmental Quality.

                                                                                       Sincerely,

                                                                                       Senator Stephanie Chang

                                                                                       District 1

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Curtis S. VanderWall

December 5, 2019

Per Senate Rule 1.110(c) I am requesting that my name be removed as a sponsor to Senate Bill 0583, which was introduced on October 15, 2019 and was referred to the Senate Committee on Environmental Quality.

                                                                                       Sincerely,

                                                                                       Curtis S. VanderWall

                                                                                       State Senator

                                                                                       35th District

The communication was referred to the Secretary for record.

 

 

Senator MacGregor moved that the following bills, now on the order of General Orders, be referred to the Committee on Judiciary and Public Safety:

House Bill No. 4137, entitled

A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 3 (MCL 780.983), as amended by 2018 PA 214.

 

 

House Bill No. 4138, entitled

A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 2 (MCL 803.302), as amended by 1998 PA 517.

 

 

House Bill No. 4139, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter IV (MCL 764.15b), as amended by 2001 PA 209.

 

 

House Bill No. 4141, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2018 PA 58.

 

 

House Bill No. 4144, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2018 PA 244.

House Bill No. 4146, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 117i.

The motion prevailed.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received and read:

December 5, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 180 of 1981, MCL 400.583:

Commission on Services to the Aging

Ms. Sandra Milton-Ramsey, a Democrat, of 1549 Chateaufort Place, Detroit, Michigan 48207, county of Wayne, succeeding Jean Hall who has resigned, appointed for a term commencing December 5, 2019 and expiring July 28, 2021.

 

December 5, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 380 of 1965, MCL 16.279:

Michigan Commission of Agriculture and Rural Development

Dr. Timothy Boring, a Democrat, of 4420 Parman Road, Stockbridge, Michigan 49285, county of Ingham, succeeding Trever Meachum whose term expires December 31, 2019, appointed for a term commencing January 1, 2020 and expiring December 31, 2023.

 

December 5, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.18255:

Michigan Board of Behavior Analysts

Dr. Jessa R. Love of 8632 Hilton Road, Brighton, Michigan 48114, county of Livingston, reappointed to represent licensed behavior analysts engaged in providing clinical services, for a term commencing January 1, 2020 and expiring December 31, 2023.

Dr. Christie L. Nutkins of 3029 Fruitland Avenue, N.E., Grand Rapids, Michigan 49505, county of Kent, reappointed to represent an individual who is affiliated with a university in this state and provides instructions or conducts research in applied behavior analysis, for a term commencing January 1, 2020 and expiring December 31, 2023.

Dr. Luchara R. Wallace of 8437 Lovers Lane, Portage, Michigan 49002, county of Kalamazoo, reappointed to represent the general public, for a term commencing January 1, 2020 and expiring December 31, 2023.

 

December 5, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 250 of 1982, MCL 722.604:

Child Abuse and Neglect Prevention Board “Children’s Trust Fund”

Ms. Tammy L. Bernier of 1760 Glencairn Drive, Saginaw, Michigan 48609, county of Saginaw, succeeding Randy Richardville whose term expires December 19, 2019, appointed to represent the business community, for a term commencing December 20, 2019 and expiring December 19, 2022.

Rabbi Amy B. Bigman of 2552 Koala Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Reginald Bluestein whose term expires December 19, 2019, appointed to represent the religious community, for a term commencing December 20, 2019 and expiring December 19, 2022.

Mr. Jason A. Gold of 1869 Weatherhill Drive, Dexter, Michigan 48130, county of Washtenaw, succeeding Roxanna Duntley-Matos whose term expires December 19, 2019, appointed to represent the general public, for a term commencing December 20, 2019 and expiring December 19, 2022.

Ms. Kelle Jo Ilitch of P.O. Box 787, Bloomfield Hills, Michigan 48303, county of Oakland, succeeding Sean Bertolino whose term expires December 19, 2019, appointed to represent parents, for a term commencing December 20, 2019 and expiring December 19, 2022.

Mrs. Jill M. Simms of 9415 U.S. Highway 41, Skandia, Michigan 49885, county of Marquette, succeeding Michael Talbot whose term expires December 19, 2019, appointed to represent the legal community, for a term commencing December 20, 2019 and expiring December 19, 2022.

Ms. Nicole Wells Stallworth of 30420 Fox Club Court, Farmington Hills, Michigan 48331, county of Oakland, succeeding Krista Beach whose term expires December 19, 2019, appointed to represent the general public, for a term commencing December 20, 2019 and expiring December 19, 2022.

 

December 5, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 223 of 1976, MCL 18.352:

Crime Victim Services Commission

Ms. Robin L. Hornbuckle, a Democrat, of 20428 Greeley Street, Detroit, Michigan 48203, county of Wayne, succeeding Annie Harrison whose term has expired, appointed to represent peace officers, for a term commencing December 5, 2019 and expiring September 27, 2022.

 

December 5, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 300 of 1980, MCL 38.1322:

Michigan Public School Employees Retirement System Board

Mr. Fred P. Baker of 1411 E. Price Road, Midland, Michigan 48642, county of Midland, succeeding Alan Sonnanstine who has resigned, appointed to represent the general public with expertise in actuarial science or health insurance, for a term commencing December 5, 2019 and expiring March 30, 2022.

 

December 5, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17605:

Michigan Board of Speech Language Pathology

Ms. Abaries Farhad of 1811 Stirling Avenue, Lansing, Michigan 48910, county of Ingham, succeeding Bradford Wartz whose term expires December 31, 2019, appointed to represent speech language pathologists, for a term commencing January 1, 2020 and expiring December 31, 2023.

Miss Sara Klatt of 16981 Buckingham Avenue, Beverly Hills, Michigan 48025, county of Oakland, succeeding Katie Wright whose term expires December 31, 2019, appointed to represent speech language pathologists, for a term commencing January 1, 2020 and expiring December 31, 2023.

Ms. Patricia B. Roberts of 4037 Berkshire Drive, Sterling Heights, Michigan 48314, county of Macomb, succeeding Lorri Rishar Jandron whose term expires December 31, 2019, appointed to represent the general public, for a term commencing January 1, 2020 and expiring December 31, 2023.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Advice and Consent.

 

 

Senator MacGregor moved that rule 2.107 be suspended to allow committees to meet during Senate session.

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

 

 

Recess

 

 

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

The motion prevailed, the time being 1:53 p.m.

 

3:04 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

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 VanderWall 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:

House Bill No. 4031, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II and sections 1 and 3c of chapter XI (MCL 762.13, 771.1, and 771.3c), section 13 of chapter II as amended by 2015 PA 33, section 1 of chapter XI as amended by 2006 PA 631, and section 3c of chapter XI as amended by 2002 PA 483.

 

 

House Bill No. 4032, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 25a, 36a, and 85 (MCL 791.225a, 791.236a, and 791.285), sections 25a and 36a as amended by 2002 PA 502 and section 85 as added by 2006 PA 172.

 

 

House Bill No. 4091, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 2 and 8 (MCL 207.772 and 207.778), section 2 as amended by 2010 PA 9 and section 8 as amended by 2005 PA 339.

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. 248, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333, 16221, 16226, and 17754 (MCL 333.7333, 333.16221, 333.16226, and 333.17754), section 7333 as amended by 2018 PA 34, sections 16221 and 16226 as amended by 2017 PA 249, and section 17754 as amended by 2014 PA 525.

Substitute (S-4)

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. 254, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333, 16221, and 16226 (MCL 333.7333, 333.16221, and 333.16226), section 7333 as amended by 2018 PA 34, sections 16221 and 16226 as amended by 2018 PA 463, and by adding section 7333c.

Substitute (S-2)

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.

 

 

Recess

 

 

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

The motion prevailed, the time being 3:11 p.m.

 

3:17 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

Resolutions

 

 

Senator MacGregor moved that consideration of the following resolutions be postponed until Wednesday, February 19, 2020:

Senate Resolution No. 30

Senate Resolution No. 38

Senate Resolution No. 49

The motion prevailed.

Introduction and Referral of Bills

 

 

Senators Barrett, Runestad, Lauwers, MacDonald, Victory, Bumstead, Bizon, Zorn, Outman, Stamas, VanderWall, Schmidt, Theis, Daley, Lucido, Johnson and LaSata introduced

Senate Bill No. 686, entitled

A bill to prohibit a state department or agency from taking disciplinary action against an employee for communicating with certain individuals.

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

 

 

Senators Irwin, Brinks, Geiss, Alexander, Chang, McMorrow, Ananich, Bayer and Moss introduced

Senate Bill No. 687, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and section 502 (MCL 37.2502), the title as amended by 1992 PA 258 and section 502 as amended by 1992 PA 124.

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

 

 

Senators Runestad, Barrett, MacDonald, Victory, Bumstead, Bizon, Irwin and Wojno introduced

Senate Bill No. 688, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 539a, 539b, and 539c (MCL 750.539a, 750.539b, and 750.539c).

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

 

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. 4102

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4102, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 49 (MCL 750.49), as amended by 2018 PA 461.

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. 342                                    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

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4103, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 157m (MCL 750.157m), as amended by 1988 PA 335.

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. 343                                    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

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4104, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2014 PA 300.

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. 344                                    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

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4105, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174 (MCL 750.174), as amended by 2006 PA 573.

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. 345                                    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

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4106, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 248 (MCL 750.248), as amended by 2011 PA 206.

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. 346                                    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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4107, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411j (MCL 750.411j), as amended by 2009 PA 82.

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. 347                                    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

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

 

 

Recess

 

 

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

The motion prevailed, the time being 3:31 p.m.

 

4:37 p.m.

 

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

Senator MacGregor moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4307

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

 

By unanimous consent the Senate returned 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 VanderWall 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:

House Bill No. 4307, entitled

A bill to amend 1996 IL 1, entitled “Michigan Gaming Control and Revenue Act,” by amending sections 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9, 9a, 9b, 9c, 12, 12a, 14, 18, 21, and 25 (MCL 432.202, 432.204, 432.204a, 432.204c, 432.204d, 432.205, 432.206, 432.206a, 432.206c, 432.207a, 432.207c, 432.208, 432.209, 432.209a, 432.209b, 432.209c, 432.212, 432.212a, 432.214, 432.218, 432.221, and 432.225), sections 2, 4, 5, 6, 8, 9, and 14 as amended and sections 4a, 4c, 4d, 6a, 6c, 7a, 7c, 9a, 9b, 9c, 12a, 18, 21, and 25 as added by 1997 PA 69 and section 12 as amended by 2004 PA 306; and to repeal acts and parts of acts.

Substitute (S-2)

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.

 

 

Senator MacGregor moved that the rules be suspended and that the following bill, now on Third Reading of Bills, be placed on its immediate passage:

House Bill No. 4307

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

 

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. 4307

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4307, entitled

A bill to amend 1996 IL 1, entitled “Michigan Gaming Control and Revenue Act,” by amending sections 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9, 9a, 9b, 9c, 12, 12a, 14, 18, 21, and 25 (MCL 432.202, 432.204, 432.204a, 432.204c, 432.204d, 432.205, 432.206, 432.206a, 432.206c, 432.207a, 432.207c, 432.208, 432.209, 432.209a, 432.209b, 432.209c, 432.212, 432.212a, 432.214, 432.218, 432.221, and 432.225), sections 2, 4, 5, 6, 8, 9, and 14 as amended and sections 4a, 4c, 4d, 6a, 6c, 7a, 7c, 9a, 9b, 9c, 12a, 18, 21, and 25 as added by 1997 PA 69 and section 12 as amended by 2004 PA 306; and to repeal acts and parts of acts.

The question being on the passage of the bill,

The bill was passed, 3/4 of the members serving voting therefor, as follows:

 

 

Roll Call No. 348                                    Yeas—34

 

 

Alexander                          Daley                       MacDonald                            Santana

Ananich                            Geiss                       MacGregor                             Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Hollier                     McMorrow                             Stamas

Bizon                                Horn                        Moss                                     Theis

Brinks                               Irwin                       Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Wojno

Bumstead                          Lauwers                  Polehanki                               Zorn

Chang                                Lucido                                                                  

 

 

                                                               Nays—4

 

 

Johnson                             McBroom                Runestad                                Victory

 

 

                                                            Excused—0

 

 

                                                          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 the licensing, regulation, and control of casino gaming operations, manufacturers and distributors of gaming devices and gaming related equipment and supplies, and persons who participate in gaming; to provide the distribution of revenue for public education, public safety and economic development; authorizing limited casino operations within the state of Michigan; to vest authority for the licensing, regulation, and control of casino gaming in the Michigan gaming control board; to restrict certain political contributions; to establish a code of ethics for certain persons involved in gaming; to create certain funds; to impose and authorize certain taxes and fees; to impose penalties; to authorize conservators under certain circumstances; and to make an appropriation,”.

The Senate agreed to the full title.

 

 

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

The motion prevailed.

Senator Moss’ statement is as follows:

Thank you Mr. President, and thank you in your capacity as chairman of the committee in which these bills were ushered through. This bill that’s before us today is kind of central to a package of bills we’re going to examine this week. As Vice-Chair of this committee not only in the Senate but also last year in the House, I’ve been honored to work on this package for the last several years in a bipartisan and bicameral way, including all stakeholders to make sure we’re passing important legislation. And I don’t mean that facetiously—on the surface level it seems that we’re just updating the gaming act; a few 20-year updates here and there. While that is important—it’s important for our economy, it’s important for the three casinos in the city of Detroit, it’s important for economic development, it’s important to our budget—the surface level isn’t the only reason why this bill is important. I want to give a little bit of history here, diving further below the surface.

House Bill No. 4307 started last year as a part of a package I worked on with Chairman Iden of this committee in the House to redefine “good moral character”—when somebody applies for a job license with the Department of Licensing and Regulatory Affairs (LARA), so that someone’s criminal conviction cannot in and of itself be held against them and their initial review process for a job here in Michigan that the state licenses. These bills right here continue that collective effort we’ve joined in together in the 100th Legislature to create a more fair and more just criminal justice system. Among the changes in this bill provide an avenue for those with prior criminal convictions to find work in the Detroit casinos if they don’t pose a threat to the integrity of gaming. When someone has paid their debt to society and is successfully rehabilitated, they should be welcomed back into the workforce with open arms, and this includes within the gaming industry.

So this is an important moral vote that I think we’re taking here today to get people who have had to overcome their past and get them moving to help contribute to Michigan’s economy. Our work today here is not done. Obviously we have more bills tomorrow, but we also have a package that we’ve been working on to continue to amend the definition of “good moral character” within LARA and I’m looking forward to working with you and committee members to push the remaining bills in that package forward.

I want to acknowledge several people who have worked incredibly hard over years to move this package and see its passage today, including committee Chairmen Nesbitt and Iden, and Senator Curtis Hertel, with whom we share collective nightmares about our lame-duck work on this last year. Also I especially want to thank the staffers on our side—Kathleen Farhat in Senator Hertel’s office who put in a tremendous amount of hours in this—my staff, Sarah Schillio and Jason Hoskins, who have been on this long journey with me; some late lame-duck session nights last year on this. I’m excited that we are going to join together to get this bill finally to the Governor’s desk.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Thursday, December 5, and are available on the Michigan Legislature website:

Senate Bill Nos.      676    677    678    679    680    681    682    683    684   685

House Bill Nos.     5272   5273   5274   5275  5276   5277   5278   5279   5280  5281   5282   5283 5284       5285        5286

 

 

Committee Reports

 

 

The Committee on Regulatory Reform reported

House Bill No. 4307, entitled

A bill to amend 1996 IL 1, entitled “Michigan Gaming Control and Revenue Act,” by amending sections 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9, 9a, 9b, 9c, 12, 12a, 14, 18, 21, and 25 (MCL 432.202, 432.204, 432.204a, 432.204c, 432.204d, 432.205, 432.206, 432.206a, 432.206c, 432.207a, 432.207c, 432.208, 432.209, 432.209a, 432.209b, 432.209c, 432.212, 432.212a, 432.214, 432.218, 432.221, and 432.225), sections 2, 4, 5, 6, 8, 9, and 14 as amended and sections 4a, 4c, 4d, 6a, 6c, 7a, 7c, 9a, 9b, 9c, 12a, 18, 21, and 25 as added by 1997 PA 69 and section 12 as amended by 2004 PA 306; and to repeal acts and parts of acts.

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.

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: Senators Johnson and Lauwers

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Reform submitted the following:

Meeting held on Tuesday, December 10, 2019, at 8:30 a.m., Room 1200, Binsfeld Office Building

Present: Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Thursday, December 5, 2019, at 8:30 a.m., Room 1100, Binsfeld Office Building

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

Scheduled Meetings

 

 

Administrative Rules - Wednesday, December 11, 3:30 p.m. (or after committees are given leave to meet, whichever time is later), Room 326, Anderson House Office Building (517) 373-9425

 

Appropriations - Wednesday, December 11, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307

 

Subcommittee -

 

Licensing and Regulatory Affairs (LARA)/Department of Insurance and Financial Services (DIFS) - Thursday, December 12, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

Economic and Small Business Development - Thursday, December 12, 11:30 a.m., Room 1200, Binsfeld Office Building (517) 373-1721 (CANCELED)

 

Families, Seniors, and Veterans - Wednesday, December 11, 3:00 p.m., Room 402/403, Capitol Building (517) 373-1721

 

Finance - Wednesday, December 11, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312

 

Insurance and Banking - Wednesday, December 11, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5314

 

Judiciary and Public Safety - Wednesday, December 11, 8:00 a.m., Room 1200, Binsfeld Office Building (517) 373-5312

 

Transportation and Infrastructure - Wednesday, December 11, 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 4:49 p.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Wednesday, December 11, 2019, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate