No. 112

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, December 4, 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 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—excused                                 Nesbitt—present                             


 

Senator Mallory McMorrow of the 13th District offered the following invocation:

May we come together this morning humbled by—and in celebration of—the vibrancy and diversity of our community. May we find ourselves driven not by dismissiveness and divisiveness towards one another, but by a consistent sense of curiosity and desire to learn. And in that learning, may we recognize that underneath our differences in skin color, language, religion, dress, traditions, or expression, that we share so much more that binds us together—pride, passion, the drive to transform our place from mere collections of homes and businesses into communities, the desire to treat others well, to create opportunity, and to leave our place in the world better than we found it in whatever capacity we can. May we recognize and take solace in knowing that we are an integral part of our community, of our world, and of our universe, but recognize and be humbled by the vastness of it all.

May we be inspired by the cool morning air, the birdsong that sings in the quiet early hours, and the morning light that greets us with each new day—except for today, when it’s cloudy. May we be grateful for each new day that we have—that we are here, that we are whole—and recognize what a privilege it is to be alive. May we be humbled by and inspired by the knowledge that each of us are just one small part of something much greater. But may we take comfort in knowing—driven by consistency, good will, empathy, understanding, and the desire to put out that which we hope to receive—that each action we take, no matter how small, has the power to reverberate throughout our community and grow. And that the power of our collective action will create a lasting impact in our families, in our communities, throughout our state, throughout our country, and throughout the world.

To all that we hold as our higher power and inspiration. 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 McBroom entered the Senate Chamber.

 

Senator MacGregor moved that Senator Johnson be temporarily excused from today’s session.

The motion prevailed.

 

Senator MacGregor moved that Senator Horn be excused from today’s session.

The motion prevailed.

 

Senator Chang moved that Senator Hollier be excused from today’s session.

The motion prevailed.

 

 

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.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Shirkey offered the following concurrent resolution:

Senate Concurrent Resolution No. 16.

A concurrent resolution of tribute offered as a memorial for William Grawn Milliken, former governor and member of the Senate.

Whereas, The members of the Michigan Legislature were saddened to learn of the passing of William G. Milliken. One of the great leaders in Michigan history, he piloted our state through some of its most difficult years with civility, integrity, and an unerring belief in the ability of people to come together to solve Michigan’s most pressing problems; and

Whereas, A native of Traverse City, William Milliken was born into a family of political and business leaders. The importance of service, generosity, and hard work were instilled in his youth, as well as a love of the outdoors, and would shape his future endeavors. Upon graduation from Traverse City High School in 1940, he attended Yale University, until he chose to bravely serve his country in the U.S. Army Air Corps in World War II. Over his two years of active service, he flew numerous dangerous missions as a waist-gunner on B-24 bombers and was awarded a number of medals, including a Purple Heart and an Air Medal. In 1945, he returned stateside to marry the love of his life, Helen, and complete his bachelor’s degree. He returned to Traverse City and spent the subsequent years running the family business, J.W. Milliken, Inc., serving on the Michigan Waterways Commission, and starting his family, among other endeavors. In 1960, he followed in the footsteps of his father and grandfather and was elected to serve in the Senate for the first time; and

Whereas, As a member of the Senate, William Milliken began to establish his place as a leading moderate voice in Michigan politics. He stood up for civil rights and called for new programs to promote tourism and agriculture, expand community colleges, provide scholarships for high school graduates, address mental illness, and increase local revenue. He worked to preserve scenic beauty on highways by limiting billboards and sponsored legislation to support education through parochial schools. He served as chair of the Education Committee and the Veterans’ Affairs Committee, and, in his second term, was selected as majority floor leader. He left the Senate upon his election as Governor George Romney’s lieutenant governor in 1964, an office he would hold for the next five years; and

Whereas, William Milliken rose to the position of governor in 1969 following Governor Romney’s appointment as United States Secretary of Housing and Urban Development. Over the next 14 years, Governor Milliken would leave his mark on our state, establishing a nationally recognized standard for effective leadership. At a time of great unrest and deep economic crises in Michigan and our nation, his basic decency, kindness, and charm allowed him to build bipartisan alliances and solutions to Michigan’s problems. Mild-mannered and thoughtful, he made difficult decisions and pursued policies on the environment, economy, civil rights, education, urban revitalization, and many other issues that he believed would benefit the state of Michigan and all of its citizens in the long run. He left office as Michigan’s longest-serving governor; and

Whereas, William Milliken remained an active and respected figure and independent voice in the political landscape for decades after he left office. He served on corporate and nonprofit boards and commissions and remained a strong advocate for the Great Lakes, criminal justice reform, and other issues; and

Whereas, William Milliken’s life and legacy of service to our state and its people will not soon be forgotten. An icon of Michigan politics and a true statesman, he will be remembered as a steadfast champion for the common good and the ability of government to serve that good. May he rest in peace; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of William Grawn Milliken, a member of the Senate from 1961 to 1964, lieutenant governor and president of the Senate from 1965 to 1969, and governor from 1969 to 1982; and be it further

Resolved, That copies of this resolution be transmitted to the Milliken family as evidence of our lasting esteem for his memory.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

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

The concurrent resolution was adopted by a unanimous standing vote of the Senate.

Senator MacGregor moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the concurrent resolution.

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

 

A moment of silence was observed in memory of William Grawn Milliken, former Governor, Lieutenant Governor, and member of the Senate.

 

Senator Johnson entered the Senate Chamber.

 

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:

Senate Bill No. 543

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 543, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2010 PA 266.

The 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. 319                                    Yeas—27

 

 

Alexander                          Daley                       McCann                                 Shirkey

Ananich                            Irwin                       McMorrow                             Stamas

Bizon                                LaSata                     Nesbitt                                   VanderWall

Brinks                               Lauwers                  Outman                                  Victory

Bullock                             Lucido                     Polehanki                               Wojno

Bumstead                          MacDonald              Santana                                  Zorn

Chang                                MacGregor              Schmidt                                

 

 

                                                               Nays—8

 

 

Barrett                               Geiss                       McBroom                              Runestad

Bayer                                Johnson                   Moss                                     Theis

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—1

 

 

Hertel                                                                                                             

 

 

In The Chair: Theis

 

 

Senator MacGregor moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

 

 

Recess

 

 

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

The motion prevailed, the time being 10:22 a.m.

 

10:31 a.m.

 

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

 

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. 320                                    Yeas—28

 

 

Alexander                          Daley                       MacGregor                             Schmidt

Ananich                            Hertel                      McCann                                 Shirkey

Bizon                                Irwin                       McMorrow                             Stamas

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Santana                                  Zorn

 

 

                                                               Nays—8

 

 

Barrett                               Geiss                       McBroom                              Runestad

Bayer                                Johnson                   Moss                                     Theis

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 341, entitled

A bill to require a law enforcement agency to obtain a search warrant to access certain electronic information or data; to prescribe the manner in which certain electronic information or data may be accessed or used; to require notification to the owner or user of the electronic information, data, or electronic device that the electronic information, data, or electronic device has been accessed; and to provide remedies.

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. 321                                    Yeas—35

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                               

 

 

                                                               Nays—1

 

 

Zorn                                                                                                              

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 342, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 21b to chapter XVI.

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. 322                                    Yeas—32

 

 

Alexander                          Chang                      Lucido                                   Outman

Ananich                            Daley                       MacDonald                            Polehanki

Barrett                               Geiss                       MacGregor                             Runestad

Bayer                                Hertel                      McBroom                              Santana

Bizon                                Irwin                       McCann                                 Schmidt

Brinks                               Johnson                   McMorrow                             Shirkey

Bullock                             LaSata                     Moss                                     Victory

Bumstead                          Lauwers                  Nesbitt                                   Wojno

 

 

                                                               Nays—4

 

 

Stamas                              Theis                       VanderWall                            Zorn

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

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.

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. 323                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

 

 

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 raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

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.

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. 324                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

 

 

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 levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

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.

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. 325                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

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 raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4543, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 5b.

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. 326                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Theis

 

 

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 levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.

The Senate agreed to the full title.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Victory introduced

Senate Bill No. 665, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 411 (MCL 436.1411), as amended by 2018 PA 403.

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

Senators Bayer and Wojno introduced

Senate Bill No. 666, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2018 PA 211, and by adding section 3m.

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

 

 

Senator Hollier introduced

Senate Bill No. 667, entitled

A bill to amend 1978 PA 639, entitled “Hertel-Law-T. Stopczynski port authority act,” by amending sections 2, 8, 9, and 12 (MCL 120.102, 120.108, 120.109, and 120.112).

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senator Ananich introduced

Senate Bill No. 668, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b), as amended by 2015 PA 42.

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

 

 

Senator VanderWall introduced

Senate Bill No. 669, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20145, 22201, 22203, 22207, 22208, 22209, 22215, 22221, and 22227 (MCL 333.20145, 333.22201, 333.22203, 333.22207, 333.22208, 333.22209, 333.22215, 333.22221, and 333.22227), section 20145 as amended by 2015 PA 104, section 22201 as added by 1988 PA 332, sections 22203, 22207, 22209, 22215, and 22221 as amended by 2002 PA 619, section 22208 as amended by 2011 PA 51, and section 22227 as amended by 1993 PA 88.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator VanderWall introduced

Senate Bill No. 670, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22209 (MCL 333.22209), as amended by 2002 PA 619.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senators Theis and VanderWall introduced

Senate Bill No. 671, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 22211 and 22215 (MCL 333.22211 and 333.22215), section 22211 as amended by 2014 PA 107 and section 22215 as amended by 2002 PA 619.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator VanderWall introduced

Senate Bill No. 672, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

Senator VanderWall introduced

Senate Bill No. 673, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c and 137 (MCL 330.1100c and 330.1137), section 100c as amended by 2016 PA 320 and section 137 as amended by 2015 PA 59, and by adding section 137a.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senators MacDonald and VanderWall introduced

Senate Bill No. 674, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senators Zorn and VanderWall introduced

Senate Bill No. 675, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Statements

 

 

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

The motion prevailed.

Senator Barrett’s statement is as follows:

I just wanted to wish you a happy feast day of St. Barbara today.

St. Barbara is the patron saint of the field artillery, which is the king of battle. I have some experience serving in the field artillery—for about ten years throughout my career in the military—and there’s this long tradition of celebrating the feast day of St. Barbara. The artillery has adopted this patron saint because legend has it that St. Barbara was tortured and killed as a martyr when she converted to Christianity—was killed by her father, in fact, and then he was struck down by lightning after she was killed. St. Barbara took on the effect of being the patron saint of spontaneous death, lightning, gunpowder, and other perilous situations.

In the old days of the field artillery, they used to have to light the fuse on the cannon in order to activate the device to fire the cannon. There was a really high risk that the whole thing would just blow up in your face. The original artillerymen who really crafted this profession would say a prayer to St. Barbara and she became the patron saint of the field artillery.

There’s a whole military Order of Saint Barbara to recognize this, and today is her feast day. I’m wearing red today to commemorate that—red is the official color of the field artillery, so those of you wearing red are also celebrating St. Barbara’s feast day today. I appreciate that, and I appreciate the ability to recognize that.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:57 a.m.

 

11:06 a.m.

 

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

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 Assistant President pro tempore, Senator Theis, designated Senator Irwin as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 493, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 16 (MCL 207.856), as amended by 2015 PA 218.

 

 

Senate Bill No. 494, entitled

A bill to amend 1978 PA 255, entitled “Commercial redevelopment act,” by amending section 18 (MCL 207.668), as amended by 2008 PA 227.

 

 

Senate Bill No. 253, entitled

A bill to amend 1846 RS 81, entitled “Of fraudulent conveyances and contracts, relative to goods, chattels, and things in action,” by amending section 2 (MCL 566.132), as amended by 1992 PA 245.

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 amendment, the following bill:

Senate Bill No. 321, entitled

A bill to amend 2004 PA 177, entitled “Michigan law enforcement officers memorial act,” by amending section 5 (MCL 28.785), as amended by 2013 PA 242.

The following is the amendment recommended by the Committee of the Whole:

1.  Amend page 2, line 4, after “officer” by inserting “and reserve law enforcement officer”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 125, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 18 (MCL 567.238), as amended by 2010 PA 197.

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 rule 2.106 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 until 12:15 p.m.

The motion prevailed, the time being 11:15 a.m.

 

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

Recess

 

 

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

The motion prevailed, the time being 12:16 p.m.

 

4:07 p.m.

 

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

 

 

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

Senate Bill No. 376, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

 

 

Senate Bill No. 377, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2018 PA 586 and section 17b as amended by 2007 PA 137.

 

 

Senate Bill No. 616, 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).

 

 

Senate Bill No. 618, 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 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:

Senate Bill No. 376

Senate Bill No. 377

Senate Bill No. 616

Senate Bill No. 618

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

 

 

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 Irwin as Chairperson.

 

 

Recess

 

 

Senator MacGregor moved that the Committee of the Whole recess subject to the call of the Chairperson.

The motion prevailed, the time being 4:10 p.m.

4:31 p.m.

 

The Committee of the Whole was called to order by the Chairperson, Senator Irwin.

 

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 bill:

Senate Bill No. 618, 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 bill 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. 376, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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:

Senate Bill No. 377, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2018 PA 586 and section 17b as amended by 2007 PA 137.

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.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 616, 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:

Senate Bill No. 376

Senate Bill No. 377

Senate Bill No. 616

Senate Bill No. 618

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:

Senate Bill No. 376

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 376, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The 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. 327                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               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.

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Stamas’ statement is as follows:

Before you are budget bills that will restore many of the line items vetoed and transferred by the Governor in October. This will restore funding to treat Alzheimer’s, autism, and opioid addiction; funding for local police departments, hospitals, and local governments; funding for scholarships promised to college students; funding for charter and rural schools to teach our children; and funding for foster care programs and programs to investigate child abuse. While this does not restore all of the Governor’s vetoes and transfers, it is a good first step in the right direction. It is my hope this is the last time any of these programs are caught in the political crossfire. I ask for each of the members’ support in passing these bills.

 

 

The following bill was read a third time:

Senate Bill No. 377, 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.

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. 328                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               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.

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 616, 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. 329                                    Yeas—21

 

 

Barrett                               Lauwers                  Nesbitt                                   Stamas

Bizon                                Lucido                     Outman                                  Theis

Bumstead                          MacDonald              Runestad                                VanderWall

Daley                                MacGregor              Schmidt                                 Victory

Johnson                             McBroom                Shirkey                                  Zorn

LaSata                                                                                                            

                                                              Nays—15

 

 

Alexander                          Bullock                    Irwin                                      Polehanki

Ananich                            Chang                      McCann                                 Santana

Bayer                                Geiss                       McMorrow                             Wojno

Brinks                               Hertel                      Moss                                    

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 618, 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. 330                                    Yeas—36

 

 

Alexander                          Daley                       MacGregor                             Santana

Ananich                            Geiss                       McBroom                              Schmidt

Barrett                               Hertel                      McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Bizon                                Johnson                   Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                               Nays—0

 

 

                                                            Excused—2

 

 

Hollier                               Horn                                                                     

 

 

                                                          Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Tuesday, December 3, and are available on the Michigan Legislature website:

Senate Bill Nos.      659    660    661    662    663    664

House Bill Nos.     5262   5263   5264   5265 5266

 

 

Committee Reports

 

 

The Committee on Education and Career Readiness reported

Senate Bill No. 171, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2018 PA 232.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Lana Theis

                                                                                       Chairperson

To Report Out:

Yeas: Senators Theis, Bumstead, Runestad, Daley, Polehanki and Geiss

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Education and Career Readiness reported

Senate Bill No. 600, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1277, 1278a, 1278c, 1278d, 1279h, 1280, and 1531f (MCL 380.1277, 380.1278a, 380.1278c, 380.1278d, 380.1279h, 380.1280, and 380.1531f), section 1277 as amended by 2018 PA 231, section 1278a as amended by 2018 PA 232, section 1278c as amended by 2018 PA 242, section 1278d as added by 2018 PA 241, section 1279h as added by 2018 PA 184, section 1280 as amended by 2006 PA 123, and section 1531f as added by 2010 PA 168; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Lana Theis

                                                                                       Chairperson

To Report Out:

Yeas: Senators Theis, Bumstead, Runestad and Daley

Nays: Senators Polehanki and Geiss

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

 

 

The Committee on Education and Career Readiness reported

Senate Bill No. 601, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 22b, 81, and 104 (MCL 388.1622b, 388.1681, and 388.1704), as amended by 2019 PA 58.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Lana Theis

                                                                                       Chairperson

To Report Out:

Yeas: Senators Theis, Bumstead, Runestad and Daley

Nays: Senators Polehanki and Geiss

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education and Career Readiness submitted the following:

Meeting held on Tuesday, December 3, 2019, at 12:00 noon, Room 1300, Binsfeld Office Building

Present: Senators Theis (C), Bumstead, Runestad, Daley, Polehanki and Geiss

Excused: Senator Horn

COMMITTEE ATTENDANCE REPORT

 

The Subcommittee on Universities and Community Colleges submitted the following:

Meeting held on Tuesday, December 3, 2019, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators LaSata (C), Bizon, MacDonald, Irwin, Zorn and Hertel

Excused: Senator Horn

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Reform submitted the following:

Meeting held on Tuesday, December 3, 2019, at 3:00 p.m., Room 1200, Binsfeld Office Building

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

Excused: Senator Zorn

 

Scheduled Meetings

 

 

Agriculture - Thursday, December 5, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-1721 (CANCELED)

 

Appropriations -

 

Subcommittee -

 

Universities and Community Colleges and House Higher Education and Community Colleges Appropriations Subcommittee - Tuesday, December 10, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Health Policy and Human Services - Thursday, December 5, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

 

Judiciary and Public Safety - Thursday, December 5, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

Regulatory Reform - Thursday, December 5, 8:30 a.m., Room 1200, Binsfeld Office Building (517) 373‑5314

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 4:46 p.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Thursday, December 5, 2019, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate