STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, December 3, 2019.
10:00 a.m.
The Senate was called to order by the
President pro tempore, Senator Aric Nesbitt.
The roll was
called by the Assistant Secretary of the Senate, who announced that a quorum
was present.
Alexander—present Horn—excused 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
O ye gods. May we hear with our ears what is
auspicious. O wonderful ones, may we with our eyes see what is auspicious. May
we live the entire length of our allotted life hale and hearty, offering our
praises unto thee. May Indra, the ancient and the famous, Pooshan the
all-knowing, the Lord of swift motion who saves us from all harm, and
Brihaspati, who protects the spiritual wealth in us, bless us with the
intellectual strength to understand the scriptures and the heroic heart to
follow the teachings.
Let Him protect us both. May He bless us with
the bliss of knowledge. Let us exert together. May what we study be well
studied. May we not hate each other.
May everybody be happy. May everybody be free
from disease. May everyone experience good fortune. May they never have to face
sorrow.
Om, peace, peace, peace.
The President pro
tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Shirkey entered the Senate Chamber.
Senator MacGregor moved that Senator Horn be excused from today’s
session.
The motion prevailed.
The
following communications were received and read:
Office of the Auditor General
November 26, 2019
Enclosed is a copy of the following report:
• Report on internal control
over financial reporting of the Michigan State Employees’ Retirement System
Schedule of Employer Allocations and Schedules of Pension and Other
Postemployment Benefit Amounts by Employer for the fiscal year ended September
30, 2018 (071-0165-19).
November 27, 2019
Enclosed is a copy of the following report:
• Performance audit on the
Prisoner Security Classification and Recommended Programming, Michigan
Department of Corrections (471-0350-18).
Sincerely,
Doug
Ringler
Auditor
General
The audit reports were referred to the Committee on Oversight.
The following communication was received:
Office of Senator Jeremy Moss
November 13, 2019
Please add my name as a co-sponsor to SB 612.
Sincerely,
Jeremy
Moss
State
Senator, Michigan’s 11th District
Representing
southern Oakland County
Assistant
Democratic Leader
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Rosemary Bayer
November 20, 2019
Per Senate Rule 1.110(c), I am requesting that my name be added as a
co-sponsor to Senate Bill 0612 introduced by Senator Curtis VanderWall on
October 29, 2019.
Sincerely,
Rosemary
K. Bayer
12th
Senate District
State
Senator
The communication was referred to the Secretary for record.
The following messages from the Governor were
received:
Time: 10:47 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 320 (Public Act No. 131), being
An act to amend 1998 PA 58, entitled “An act
to create a commission for the control of the alcoholic beverage traffic within
this state, and to prescribe its powers, duties, and limitations; to provide
for powers and duties for certain state departments and agencies; to impose
certain taxes for certain purposes; to provide for the control of the alcoholic
liquor traffic within this state and to provide for the power to establish
state liquor stores; to prohibit the use of certain devices for the dispensing
of alcoholic vapor; to provide for the care and treatment of alcoholics; to
provide for the incorporation of farmer cooperative wineries and the granting
of certain rights and privileges to those cooperatives; to provide for the
licensing and taxation of activities regulated under this act and the
disposition of the money received under this act; to prescribe liability for
retail licensees under certain circumstances and to require security for that liability;
to provide procedures, defenses, and remedies regarding violations of this act;
to provide for the enforcement and to prescribe penalties for violations of
this act; to provide for allocation of certain funds for certain purposes; to
provide for the confiscation and disposition of property seized under this act;
to provide referenda under certain circumstances; and to repeal acts and parts
of acts,” by amending sections 207, 501, 536, 701, 703, 801, 803, 903, 1025,
and 1027 (MCL 436.1207, 436.1501, 436.1536, 436.1701, 436.1703, 436.1801,
436.1803, 436.1903, 436.2025, and 436.2027), section 501 as amended by 2012 PA
82, section 536 as added by 2018 PA 408, section 701 as amended by 2010 PA 266,
section 703 as amended by 2017 PA 89, section 801 as amended by 2008 PA
11, section 803 as amended by 2016 PA 105, section 903 as amended by 2010 PA
175, section 1025 as amended by 2017 PA 88, and section 1027 as amended by 2011
PA 219.
(Filed with the Secretary of State on November
21, 2019, at 4:18 p.m.)
Time: 10:49 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 174 (Public Act No. 132), being
An act to amend 1988 PA 466, entitled “An act
to authorize and require the appointment of a state veterinarian within the
department of agriculture; to protect the human food chain and the livestock
and aquaculture industries of the state through prevention, control, and
eradication of infectious, contagious, or toxicological diseases of livestock
and other animals; to prevent the importation of certain nonindigenous animals
under certain circumstances; to safeguard the human population from certain
diseases that are communicable between animals and humans; to prevent or
control the contamination of livestock with certain toxic substances through
certain livestock or livestock products; to provide for indemnification for
livestock under certain circumstances; to provide for certain powers and duties
for certain state agencies and departments; to provide for the promulgation of
rules; to provide for certain hearings; to provide for remedies and penalties;
and to repeal acts and parts of acts,” by amending the title and sections 1, 3,
7, 9, 11b, 12, 14, 19, 20, 22, 31, 39, 40, 43, 44, and 46 (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, 287.744, and 287.746), 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, sections 12 and 31 as amended by
2003 PA 271, section 43 as amended by 1996 PA 369, and section 46 as added by
2009 PA 117, and by adding sections 3a, 3b, 12a, 12b, 14a, 17b, 17c, 17d, 40a,
40b, and 43a; and to repeal acts and parts of acts.
(Filed with the Secretary of State on November
21, 2019, at 4:20 p.m.)
Time: 10:51 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 179 (Public Act No. 133), being
An act to amend 1965 PA 232, entitled “An act
relating to the marketing of agricultural commodities or agricultural commodity
inputs; to provide for marketing and research programs, agreements, referendums
by producers, assessments on producers, and commodity committees; and to
prescribe certain functions of the department of agriculture relative thereto
including powers of enforcement of this act; and to prescribe remedies and
penalties,” by amending section 2 (MCL 290.652), as amended by 2002 PA 601.
(Filed with the Secretary of State on November
21, 2019, at 4:22 p.m.)
Time: 10:53 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 180 (Public Act No. 134), being
An act to amend 1927 PA 175, entitled “An act
to revise, consolidate, and codify the laws relating to criminal procedure and
to define the jurisdiction, powers, and duties of courts, judges, and other
officers of the court under the provisions of this act; to provide laws
relative to the rights of persons accused of criminal offenses and ordinance
violations; to provide for the arrest of persons charged with or suspected of
criminal offenses and ordinance violations; to provide for bail of persons
arrested for or accused of criminal offenses and ordinance violations; to
provide for the examination of persons accused of criminal offenses; to
regulate the procedure relative to grand juries, indictments, informations, and
proceedings before trial; to provide for trials of persons complained of or
indicted for criminal offenses and ordinance violations and to provide for the
procedure in those trials; to provide for judgments and sentences of persons
convicted of criminal offenses and ordinance violations; to establish a
sentencing commission and to prescribe its powers and duties; to provide for
procedure relating to new trials and appeals in criminal and ordinance
violation cases; to provide a uniform system of probation throughout this state
and the appointment of probation officers; to prescribe the powers, duties, and
compensation of probation officers; to provide penalties for the violation of
the duties of probation officers; to provide for procedure governing
proceedings to prevent crime and proceedings for the discovery of crime; to
provide for fees of officers, witnesses, and others in criminal and ordinance
violation cases; to set forth miscellaneous provisions as to criminal procedure
in certain cases; to provide penalties for the violation of certain provisions
of this act; and to repeal all acts and parts of acts inconsistent with or
contravening any of the provisions of this act,” by amending section 12m of
chapter XVII (MCL 777.12m), as amended by 2015 PA 213.
(Filed with the Secretary of State on November
21, 2019, at 4:24 p.m.)
Time: 10:55 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 181 (Public Act No. 135), 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 50 (MCL 750.50), as amended by 2018 PA 452.
(Filed with the Secretary of State on November
21, 2019, at 4:26 p.m.)
Date: November 21, 2019
Time: 10:57 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 182 (Public Act No. 136), being
An act to amend 2012 PA 487, entitled “An act
to provide for indemnification for livestock killed, injured, or lost as a
result of certain wildlife; and to prescribe the powers and duties of certain
state agencies and officials,” by amending section 2 (MCL 285.362).
(Filed with the Secretary of State on November
21, 2019, at 4:28 p.m.)
Time: 10:59 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 183 (Public Act No. 137), being
An act to amend 2000 PA 246, entitled “An act
to regulate the ownership, possession, and care of certain wolf-dog crosses; to
prohibit the ownership and possession of certain wolf-dog crosses; to prohibit
the false advertising of certain canids as wolf-dog crosses; to impose fees; to
prescribe the powers and duties of certain governmental entities and officials
and of certain veterinarians; and to prescribe penalties and provide remedies,”
by amending section 2 (MCL 287.1002), as amended by 2016 PA 299.
(Filed with the Secretary of State on November
21, 2019, at 4:30 p.m.)
Time: 11:01 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 361 (Public Act No. 138), being
An act to amend 2011 PA 256, entitled “An act
to revise, consolidate, and codify the laws relating to certain fireworks; to
regulate the purchase, possession, sale, and use of certain fireworks; to
establish a fireworks safety fund; to establish a fireworks safety fee; to
provide for the transfer and expenditure of funds; to prescribe the powers and
duties of certain state agencies; to provide for penalties and remedies; and to
repeal acts and parts of acts,” by amending section 12 (MCL 28.462), as amended
by 2018 PA 634.
(Filed with the Secretary of State on November
21, 2019, at 4:32 p.m.)
Respectfully,
Garlin
D. Gilchrist II
Acting
and Lieutenant Governor
Recess
Senator MacGregor moved that the Senate recess subject to the call of
the Chair.
The motion prevailed, the time being 10:08 a.m.
11:32 a.m.
The Senate was called to order by the
President pro tempore, Senator Nesbitt.
The following message from the Governor was
received and read:
December 3, 2019
Enclosed is a special message to the 100th
Michigan Legislature. Under section 17 of article 5 of the Michigan
Constitution of 1963, this message transmits information on the affairs of the
state and recommends measures I consider necessary and desirable.
Respectfully,
Gretchen
Whitmer
Governor
The
special message is as follows:
Special
Message
to
the 100th Michigan Legislature
Healthy
Michigan Plan Work Requirements –
Avoiding
Waste and Protecting Michigan Taxpayers Compels Legislative Action
To the Members of the 100th Michigan
Legislature:
On November 22, 2019 a lawsuit was filed in
federal court challenging the legality of Michigan’s work requirements under
federal law. I ask that the legislature act prudently in the best interests of
Michigan taxpayers to suspend Michigan’s work requirements while this
litigation is pending. If work requirements are blocked by the court, a pause
now could avoid up to $40 million in wasted expense. It could further avoid
needlessly confusing hundreds of thousands of our residents with messages soon
undone by a federal court.
The courts are taking these claims seriously.
The same federal judge who will hear the Michigan case has already enjoined
similar work requirements in Arkansas, Kentucky and New Hampshire. At oral
argument on the appeal, a three-judge panel “express[ed] skepticism” about the
legality of the work requirements, according to the Washington Post (Oct. 11, 2019). Among the apparent skeptics was an
appointee of President Ronald Reagan.
Seeing inherent uncertainty following ongoing
litigation, states with Republican governors have paused work requirement
implementation. On October 31, Indiana announced it would “temporarily suspend
the reporting requirements of the Gateway to Work program due to a pending
legal challenge.” (Press Release, Ind. Family & Social Svcs. Admin., Oct.
31, 2019.) This followed a similar action on October 17 by Arizona, which told
the federal government that its decision was “informed by the evolving national
landscape concerning Medicaid community engagement programs and ongoing
litigation regarding the topic.” (Letter from Jami Snyder, Director, Ariz.
Health Care Cost Containment System, to Calder Lynch, Acting Director, Center
for Medicare and Medicaid Svcs., Oct. 17, 2019.) New Hampshire suspended its
work requirement implementation even before a court entered an injunction.
(Letter from Jeffrey A. Meyers, Commissioner, N.H. Dept. of Health and Human
Services, to Christopher T. Sununu, Governor, State of New Hampshire, July 8,
2019.)
Michigan has already spent $28 million on
technological and organizational changes aimed at implementing work
requirements. This fiscal year, we are on track to spend $40 million more. If
the courts ultimately block these requirements, all this money will have been
wasted. Even if the courts block them only temporarily, we risk causing not
only waste, but needless confusion for Michigan families who already have
enough on their minds.
To give one example: the Michigan Department
of Health and Human Services (MDHHS) will soon send detailed information
regarding compliance mandates to approximately 200,000 Michiganders, notifying
these individuals of steps they must take starting January 1, 2020, if they
wish to keep their health insurance. We are working hard to make these notices
as clear and meaningful as possible, and the cost of the mailing is
approximately $1 million. If our statute is enjoined in the early months of
2020, then we will need to find a way to communicate to those 200,000 people
that our first letter no longer applies and they need not do what we said they
must do.
I hope you share my concern with risking tens
of millions of taxpayer dollars on implementing a program that faces substantial
legal uncertainty. As MDHHS Director Robert Gordon mentioned in letters to
legislative leadership on November 25, in order that individuals have the
information they need prior to the law’s effective date on January 1, 2020, the
Department must begin the batch mailings no later than December 9, 2019. The
Department could responsibly defer sending those notices if legislative
leadership indicated prior to that deadline its willingness to suspend Michigan’s
work requirements before the law’s effective date. I urge you to follow
Republican efforts across the country and agree on this commonsense path.
Respectfully,
Gretchen
Whitmer
Governor
The
message was referred to the Secretary for record.
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 without
amendment, the following bills:
House Bill No. 4540, entitled
A bill to amend 1933 PA
167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 2d.
House Bill No. 4541, entitled
A bill to amend 1937 PA 94, entitled “Use tax
act,” (MCL 205.91 to 205.111) by adding section 5c.
House Bill No. 4542, entitled
A bill to amend 1933 PA
167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 2c.
A bill to amend 1937 PA 94, entitled “Use tax
act,” (MCL 205.91 to 205.111) by adding section 5b.
The bills were placed on the order of Third Reading of Bills.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 248l
(MCL 257.248l), as added by 2018 PA
420.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senator Hollier introduced
A bill to prohibit certain sports
organizations from preventing a student athlete from receiving compensation for
the use of his or her name, image, or likeness; and to provide for remedies.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senators Ananich, Lauwers and Daley
introduced
A bill to amend 1995 PA 279, entitled “Horse
racing law of 1995,” by amending sections 2, 6a, 8, 9, and 22 (MCL 431.302,
431.306a, 431.308, 431.309, and 431.322), sections 2, 8, 9, and 22 as amended
and section 6a as added by 2016 PA 271, and by adding sections 19d and 20a; and
to repeal acts and parts of acts.
The bill was read a first and second time by
title and referred to the Committee on Agriculture.
Senator Hertel introduced
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 14d of chapter XVII (MCL
777.14d), as amended by 2016 PA 272.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senator Hertel introduced
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310d.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senator Hertel introduced
A bill to create the sports betting act; to
impose requirements for persons to engage in sports betting; to provide for the
powers and duties of state governmental officers and entities; to impose fees;
to impose a tax on the conduct of licensed sports betting; to prohibit certain acts
in relation to sports betting and to prescribe penalties for those violations;
to require the promulgation of rules; and to provide remedies.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved to reconsider the vote by which the following
bill was passed:
House Bill No. 4306, entitled
A bill to amend 1961 PA 236, entitled “An act
to revise and consolidate the statutes relating to the organization and
jurisdiction of the courts of this state; the powers and duties of the courts,
and of the judges and other officers of the courts; the forms and attributes of
civil claims and actions; the time within which civil actions and proceedings
may be brought in the courts; pleading, evidence, practice, and procedure in
civil and criminal actions and proceedings in the courts; to provide for the
powers and duties of certain state governmental officers and entities; to
provide remedies and penalties for the violation of certain provisions of this
act; to repeal all acts and parts of acts inconsistent with or contravening any
of the provisions of this act; and to repeal acts and parts of acts,” by
amending section 3212 (MCL 600.3212), as amended by 2011 PA 301.
The motion prevailed, a majority of the
members serving voting therefor.
The
question being on the passage of the bill,
Senator Hertel offered the following amendments:
1. Amend
page 1, line 1, after “3212.” by inserting “(1)”.
2. Amend
page 3, following line 6, by inserting:
“(2) The party foreclosing the mortgage
shall not publish a notice of foreclosure under this chapter in a newspaper in
which the party foreclosing the mortgage, or the party’s agent, has an
ownership interest.”.
The question being on the adoption of the amendments,
Senator Hertel withdrew the amendments.
The motion prevailed, a majority of the
members serving voting therefor.
(For text of amendments, see
Senate Journal No. 109, p. 1652.)
The question being on the adoption of the amendments,
The amendments were adopted, a majority of the members serving voting
therefor.
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. 318 Yeas—36
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—1
Irwin
Excused—1
Horn
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.
Announcements
of Printing and Enrollment
The Secretary announced the enrollment printing and presentation to the
Governor on Wednesday, November 20 for her approval the following bill:
Enrolled Senate Bill No. 320 at
11:03 a.m.
The Secretary announced that the following
bill was printed and filed on Wednesday, November 20, and is available on the
Michigan Legislature website:
House Bill No. 5261
Subcommittees -
Community Health/Human
Services and House Health Policy and Human Services Appropriations Subcommittee -
Wednesday, December 4, 12:00 noon, Room 352, House Appropriations Room, Capitol
Building (517) 373-2768
Universities and Community Colleges and House
Higher Education and Community Colleges Appropriations Subcommittee - Tuesday, December 10,
9:00 a.m., Room 352, House Appropriations Room, Capitol Building (517) 373-2768
Families, Seniors, and Veterans - Wednesday, December 4, 3:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-1721
Government Operations - Wednesday, December 4, 3:00 p.m.,
Room 402/403, Capitol Building (517) 373‑5307
Insurance and Banking - Wednesday, December 4, 9:00 a.m.,
Room 1100, Binsfeld Office Building (517) 373-5314
Judiciary and Public Safety - Thursday, December 5, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373-5312
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 11:50
a.m.
The President pro tempore, Senator Nesbitt,
declared the Senate adjourned until Wednesday, December 4, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate