STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, October 6, 2020.
10:00 a.m.
Pursuant to
rule 1.101, in the absence of the Presiding Officers, the Senate was called to
order by the Secretary of the Senate.
Messages from the Governor
The following messages from the Governor were
received:
Date: October 1, 2020
Time: 11:15 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 384 (Public Act No. 175), being
An act to amend 1931 PA 328, entitled “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,” (MCL 750.1 to 750.568) by adding section
464b.
(Filed with the Secretary of State on October 1, 2020, at 12:14 p.m.)
Time:
11:17 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 385 (Public Act No. 176),
being
An act to amend 1931 PA 328, entitled “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,” by
amending section 465 (MCL 750.465).
(Filed with the Secretary of State on October 1, 2020,
at 12:16 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
The
following message from the Governor was received on October 2, 2020, and read:
EXECUTIVE ORDER
No. 2020-192
Moving
Region 8 to Phase 4 of the MI Safe Start Plan
This
order moves Region 8 of Michigan, comprising the Upper Peninsula, to Phase 4 of
the MI Safe Start Plan. For March, April, and the first part of June, Region 8
had some of Michigan’s lowest COVID-19 case rates, percent positivity, and mortality
rates. Beginning in mid-June, case rates began to slowly climb and remain at an
elevated level through the middle of September, when they began to sharply
rise. For the past few weeks, the case rates in many counties in Region 8 have
been among the highest in the state. Positivity has also been rising despite
increased testing numbers, which indicates significant spread of infection. For
example, looking back 7 days to take into account data lag, Houghton County is
reporting 612.9 absolute cases per million; Menominee County is reporting 455.0
absolute cases per million; Delta County is reporting 675.0 absolute cases per
million; and Mackinac County is reporting 79.2 absolute cases per million. The
statewide case rate is 75.9 absolute cases per million.
To
address this climb, we must heighten our vigilance and strengthen our efforts
to mitigate the virus’s spread in this region. Accordingly, I find that it is
reasonable and necessary to move Region 8 into Phase 4, where a majority of the
state currently stands. This move will take effect on October 9, 2020, to give
businesses, schools, and individuals in that region ample time to prepare and
adjust, but I urge everyone to make this transition as swiftly as possible.
Region 6, which has not displayed a comparable climb at this time, remains in
Phase 5.
Acting
under the Michigan Constitution of 1963 and Michigan law, I find it reasonable
and necessary, for the reasons outlined above, to order the following
amendments to Executive Order 2020-183 (Safe Start) and Executive Order
2020-184 (Safeguards to protect Michigan’s workers from COVID-19). While
Executive Order 2020-142 (Provision of preK–12 education for the 2020–2021
school year, as amended by Executive Order 2020-185) does not require
amendment, the move of Region 8 to Phase 4 impacts the policies and procedures
that schools in that region must follow under the terms of that order.
1. Amendments
to Executive Order 2020-183. Executive Order 2020-183 is amended as
follows:
(a) Section 1 is amended to provide: “Remote work. Except in Region 6, any
work capable of being performed remotely (i.e., without the worker leaving his
or her home or place of residence) must be performed remotely. Although not
required, in Region 6, any work capable of being performed remotely should be
performed remotely.”
(b) Section 6(b)(1) is amended to provide: “In
cases where the gathering or event occurs in a venue with fixed seating, limit
attendance to 20% of seating capacity (or 25% of seating capacity in Region 6);”
(c) Section 6(b)(2) is amended to provide: “Otherwise,
limit attendance to 20 people per 1,000 square feet of venue space, including
no more than 20 people per 1,000 square feet in each room (or 25 people per
1,000 square feet in Region 6);”
2. Amendment
to Executive Order 2020-184. Section 6(c) of Executive Order 2020-184 is
amended to provide: “Except in Region 6, adhere to the following restrictions:”
3. This order is effective October 9, 2020 at
12:01 a.m.
Given
under my hand and the Great Seal of the State of Michigan.
Date:
October 2, 2020
Time:
2:55 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the Committee on Government
Operations.
Announcements
of Printing and Enrollment
The Secretary announced the enrollment
printing and presentation to the Governor on Monday, October 5, for her
approval the following bills:
Enrolled
Senate Bill No. 132 at 11:22 a.m.
Enrolled
Senate Bill No. 432 at 11:24 a.m.
Enrolled
Senate Bill No. 435 at 11:26 a.m.
Enrolled
Senate Bill No. 665 at 11:28 a.m.
Enrolled
Senate Bill No. 321 at 11:30 a.m.
Enrolled
Senate Bill No. 493 at 11:32 a.m.
Enrolled
Senate Bill No. 494 at 11:34 a.m.
Enrolled
Senate Bill No. 659 at 11:36 a.m.
Enrolled
Senate Bill No. 852 at 11:38 a.m.
Enrolled
Senate Bill No. 1066 at 11:40 a.m.
Enrolled
Senate Bill No. 1067 at 11:42 a.m.
Enrolled
Senate Bill No. 1068 at 11:44 a.m.
Enrolled
Senate Bill No. 1069 at 11:46 a.m.
Enrolled
Senate Bill No. 1070 at 11:48 a.m.
Enrolled
Senate Bill No. 1071 at 11:50 a.m.
Enrolled
Senate Bill No. 1080 at 11:52 a.m.
Enrolled
Senate Bill No. 1103 at 11:54 a.m.
Enrolled
Senate Bill No. 757 at 3:40 p.m.
Enrolled
Senate Bill No. 977 at 3:42 p.m.
The Secretary announced that the following
bills, joint resolution, and resolution were printed and filed on Thursday,
October 1, and are available on the Michigan Legislature website:
Senate Bill Nos. 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180
Senate Joint Resolution Q
Senate Resolution No. 146
Committee Reports
The Committee on Judiciary and Public Safety
reported
Senate Bill No. 895, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1473.
With the recommendation that the substitute
(S-3) 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 Lucido, VanderWall, Barrett, Johnson and Runestad
Nays:
Senator Irwin
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1046, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
sections 9c and 9f of chapter IV (MCL 764.9c and 764.9f), section 9c of chapter
IV as amended by 2001 PA 208 and section 9f of chapter IV as amended by
1999 PA 76.
With
the recommendation that the substitute (S-3) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1047, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 9e of chapter IV (MCL 764.9e) and by adding section 10d to chapter II,
sections 3, 3a, and 6f to chapter IV, and section 6e to chapter V.
With
the recommendation that the substitute (S-3) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1048, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
sections 5 and 34 of chapter IX (MCL 769.5 and 769.34), section 5 of chapter IX
as amended by 2015 PA 216 and section 34 of chapter IX as amended by 2002
PA 666.
With
the recommendation that the substitute (S-2) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1049, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 11 of chapter II (MCL 762.11), as amended by 2019 PA 100.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Chang and Irwin
Nays:
Senator Barrett
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1050, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
sections 2, 2a, 3, 4, and 4b of chapter XI (MCL 771.2, 771.2a, 771.3, 771.4,
and 771.4b), section 2 of chapter XI as amended by 2017 PA 10, section 2a of
chapter XI as amended by 2006 PA 507, section 3 of chapter XI as amended by
2012 PA 612, section 4 of chapter XI as amended by 1998 PA 520, and section 4b
of chapter XI as added by 2017 PA 9.
With
the recommendation that the substitute (S-2) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1051, entitled
A bill
to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section
36 (MCL 791.236), as amended by 2012 PA 623.
With
the recommendation that the substitute (S-2) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 1125, entitled
A bill
to amend 2003 PA 125, entitled “Local corrections officers training act,” by
amending section 8 (MCL 791.538).
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
House
Bill No. 4045, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 19 of chapter XVI (MCL 776.19).
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The Committee
on Judiciary and Public Safety reported
House
Bill No. 4923, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 16u of chapter XVII (MCL 777.16u), as amended by 2000 PA 279.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The bill and the substitute recommended by the
committee were referred to the Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
House Bill No. 4924, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to
750.568) by adding section 421d.
With
the recommendation that the bill pass.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Health Policy and Human Services reported
Senate
Concurrent Resolution No. 32.
(For
text of resolution, see Senate Journal No. 75, p. 2063.)
With
the recommendation that the concurrent resolution be adopted.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana
and Wojno
Nays:
None
The
concurrent resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The
Committee on Health Policy and Human Services submitted the following:
Meeting held on Thursday, October 1, 2020, at
1:00 p.m., Senate Hearing Room, Ground Floor,
Boji Tower
Present: Senators VanderWall (C), Johnson,
LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Excused:
Senator Bizon
COMMITTEE ATTENDANCE REPORT
The Committee on Economic and Small Business Development submitted the
following:
Meeting held on Thursday, October 1, 2020, at
12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Horn (C), VanderWall,
MacGregor, Lauwers, Schmidt, LaSata, McMorrow, Geiss and Moss
Finance - Wednesday, October 7, 1:00 p.m., Room 403, 4th
Floor, Capitol Building (517) 373-5312
Health Policy and Human Services - Wednesday, October 7, 11:00
a.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety – Wednesday, October 7, 9:00
a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-5312
Oversight –
Wednesday, October 7, 12:30 p.m., Room 1100, Binsfeld Office Building (517)
373-5312
The Secretary of the Senate declared the
Senate adjourned until Wednesday, October 7, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate