STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, June 12,
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 Secretary of
the Senate, who announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—excused McBroom—present VanderWall—excused
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator Sean McCann of the 20th
District offered the following invocation:
We have gathered on this day in
service and in trust, and to be mindful of the people we serve: people of
varied religious traditions, cultures, and political persuasions; people who
serve one another in the many institutions and industries of this state.
Let us give
thanks for the people of Michigan – our brothers and sisters in life. Let us
keep in mind our calling: to be dedicated to the highest ideals of equity and
justice, of freedom and liberty; exemplars of the leadership skills which would
make Michigan a model of peace, compassion, sustainable living, and of shared
prosperity. Let us build trust by always seeking to live in right relations
with ourselves, with others, and with life.
May commitment to the common good
be strong within us and among us. May wisdom be our guide. May we be excellent
stewards of the many gifts and resources of our state as we conduct the
business before us.
The
President pro tempore, Senator Nesbitt, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions
and Communications
Senator MacGregor moved that Senator
VanderWall be excused from today’s session.
The
motion prevailed.
The
motion prevailed.
The following communication was
received:
Office of Senator Stephanie Chang
June
11, 2019
Per
Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to
Senate Bill 365 which was introduced on June 11, 2019 by Senator McCann and was
referred to the Senate Committee on Environmental Quality.
Sincerely,
Senator
Stephanie Chang
District
1
The communication was referred to the
Secretary for record.
The following communication was
received:
Office of Senator Wayne A. Schmidt
June 11,
2019
I am writing to ask my name be added as
a co-sponsor to Senate Bill 364.
If you have any questions, please feel
free to contact my office at 517-373-2413.
Sincerely,
Wayne
A. Schmidt
State
Senate
37th
District
The communication was referred to the
Secretary for record.
Messages
from the Governor
The
following message from the Governor was received:
Date:
May 30, 2019
Time:
10:23 a.m.
To the
President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1 (Public Act No.
21), being
An act to amend 1956 PA 218, entitled “An act
to revise, consolidate, and classify the laws relating to the insurance and
surety business; to regulate the incorporation or formation of domestic
insurance and surety companies and associations and the admission of foreign
and alien companies and associations; to provide their rights, powers, and
immunities and to prescribe the conditions on which companies and associations
organized, existing, or authorized under this act may exercise their powers; to
provide the rights, powers, and immunities and to prescribe the conditions on
which other persons, firms, corporations, associations, risk retention groups,
and purchasing groups engaged in an insurance or surety business may exercise
their powers; to provide for the imposition of a privilege fee on domestic
insurance companies and associations and the state accident fund; to provide
for the imposition of a tax on the business of foreign and alien companies and
associations; to provide for the imposition of a tax on risk retention groups
and purchasing groups; to provide for the imposition of a tax on the business
of surplus line agents; to provide for the imposition of regulatory fees on
certain insurers; to provide for assessment fees on certain health maintenance
organizations; to modify tort liability arising out of certain accidents; to
provide for limited actions with respect to that modified tort liability and to
prescribe certain procedures for maintaining those actions; to require security
for losses arising out of certain accidents; to provide for the continued
availability and affordability of automobile insurance and homeowners insurance
in this state and to facilitate the purchase of that insurance by all residents
of this state at fair and reasonable rates; to provide for certain reporting with
respect to insurance and with respect to certain claims against uninsured or
self-insured persons; to prescribe duties for certain state departments and
officers with respect to that reporting; to provide for certain assessments; to
establish and continue certain state insurance funds; to modify and clarify the
status, rights, powers, duties, and operations of the nonprofit malpractice
insurance fund; to provide for the departmental supervision and regulation of
the insurance and surety business within this state; to provide for regulation
over worker’s compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an
automobile theft prevention authority to reduce the number of automobile thefts
in this state; to prescribe the powers and duties of the automobile theft
prevention authority; to provide certain powers and duties upon certain
officials, departments, and authorities of this state; to provide for an
appropriation; to repeal acts and parts of acts; and to provide penalties for
the violation of this act,” by amending sections 150, 224, 1244, 2038, 2040,
2069, 2105, 2106, 2108, 2111, 2118, 2120, 2151, 3009, 3101, 3101a, 3104, 3107,
3109a, 3111, 3112, 3113, 3114, 3115, 3135, 3142, 3145, 3148, 3151, 3157, 3163,
3172, 3173a, 3174, 3175, and 3177 (MCL 500.150, 500.224, 500.1244, 500.2038,
500.2040, 500.2069, 500.2105, 500.2106, 500.2108, 500.2111, 500.2118, 500.2120,
500.2151, 500.3009, 500.3101, 500.3101a, 500.3104, 500.3107, 500.3109a,
500.3111, 500.3112, 500.3113, 500.3114, 500.3115, 500.3135, 500.3142, 500.3145,
500.3148, 500.3151, 500.3157, 500.3163, 500.3172, 500.3173a, 500.3174,
500.3175, and 500.3177), section 150 as amended by 1992 PA 182, section 224 as amended by 2007 PA 187, section 1244 as amended
by 2001 PA 228, section 2069 as amended by 1989 PA 306, section 2108 as
amended by 2015 PA 141, section 2111 as amended by 2012 PA 441, sections
2118 and 2120 as amended by 2007 PA 35, section 2151 as added by 2012 PA 165,
sections 3009 and 3113 as amended by 2016 PA 346, section 3101 as amended
by 2017 PA 140, section 3101a as amended by 2018 PA 510, section 3104 as
amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section
3109a as amended by 2012 PA 454, section 3114 as amended by 2016 PA 347,
section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697,
sections 3172, 3173a, 3174, and 3175 as amended by 2012 PA 204, and section
3177 as amended by 1984 PA 426, and by adding sections 261, 271, 2013a, 2111f,
2116b, 2162, 3107c, 3107d, 3107e, 3157a, and 3157b and chapters 31A and
63.
(Filed
with the Secretary of State on June 11, 2019 at 3:22 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
The motion prevailed, a majority of the members serving voting therefor.
Senator MacGregor moved that rule 3.901
be suspended to allow filming and photographs to be taken from the Senate Gallery.
The
motion prevailed, a majority of the members serving voting therefor.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:05 a.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
During
the recess, Senator Hollier entered the Senate Chamber.
Messages from the House
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
section 2918 (MCL 600.2918), as amended by 2014 PA 223.
The
House of Representatives has passed the bill, ordered that it be given
immediate effect and pursuant to Joint Rule 20, inserted the full title.
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 4101
The motion prevailed.
Senator
Ananich entered the Senate Chamber.
The
following bill was read a third time:
House Bill No. 4101, entitled
A bill to amend 2018 PA 57, entitled “Recodified
tax increment financing act,” by amending section 204 (MCL 125.4204).
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. 131 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for the recodification and
establishment of certain tax increment finance authorities; to prescribe the
powers and duties of the authorities; to correct and prevent deterioration in
residential, commercial, and industrial areas and certain other areas; to
authorize the acquisition and disposal of interests in real and personal
property; to authorize the creation and implementation of development plans and
development areas; to promote residential and economic growth; to create
certain boards; to prescribe the powers and duties of certain boards; to
authorize the issuance of bonds and other evidences of indebtedness; to levy
certain taxes; to authorize the use of tax increment financing; to prescribe
powers and duties of certain state officials; to provide for rule promulgation;
to provide for enforcement of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
Senate Bill No. 47, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending sections 27 and 34d (MCL 211.27 and
211.34d), section 27 as amended by 2013 PA 162 and section 34d as amended by
2014 PA 164.
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. 132 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
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. 48, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 9i (MCL 211.9i), as added by
2002 PA 549.
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. 133 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The Chair: Nesbitt
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4367, entitled
A bill to allow certain employees or agents to
carry and administer opioid antagonists in certain circumstances; to provide
access to opioid antagonists by certain agencies and employees or agents; to
limit the civil and criminal liability of certain agencies and employees or
agents for the possession, distribution, and use of opioid antagonists under
certain circumstances; and to repeal acts and parts of acts.
The
question being on the passage of the bill,
Senator
Lucido offered the following substitute:
Substitute
(S-3).
The
substitute was 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. 134 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4249, entitled
A bill to amend 1986 PA 32, entitled “Emergency
9-1-1 service enabling act,” by amending section 413 (MCL 484.1413), as amended
by 2008 PA 379; and to repeal acts and parts of acts.
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. 135 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for the establishment of
emergency 9-1-1 districts; to provide for the installation, operation,
modification, and maintenance of universal emergency 9-1-1 service systems; to
provide for the imposition and collection of certain charges; to provide the
powers and duties of certain state agencies, local units of government, public
officers, service suppliers, and others; to create an emergency 9-1-1 service
committee; to provide remedies and penalties; and to repeal acts and parts of
acts,”.
The Senate agreed to the full title.
The following
bill was read a third time:
Senate Bill No. 280, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1081.
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. 136 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The Chair: Nesbitt
The
Senate agreed to the title of the bill.
The
motion prevailed.
Senator Stamas’ statement is as
follows:
On October 21, 2014, Marine Lance
Corporal Steven J. Szymanski was killed on duty in an exercise at Fort Bragg.
Steven leaves behind a loving mother and father, Dawn and John Szymanski; a
sister, family, and friends. It is my honor to memorialize Lance Corporal
Steven Szymanski by designating a portion of US-10. I would ask each member for
their support on this bill.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senate Joint Resolution G, entitled
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 11 of article I, to require the
government to obtain a search warrant in order to access a person’s electronic
data or electronic communication.
The joint resolution was read a first and second time
by title and referred to the Committee on Judiciary and Public Safety.
Senators Ananich, Geiss, Alexander, Bullock,
Wojno, Irwin, McMorrow, Hertel, Bayer, Santana, Moss, Polehanki, McCann, Brinks
and Hollier introduced
Senate Bill No. 368, entitled
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding
section 303.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senator Lucido introduced
Senate Bill No. 369, entitled
A bill to amend 1917 PA 273, entitled “An act to
regulate and license pawnbrokers that conduct business in this state; to
provide for the disposition of allegedly misappropriated property in the
possession of pawnbrokers; to provide remedies and prescribe penalties; and to
provide for the powers and duties of certain local governmental units and state
agencies,” by amending section 9 (MCL 446.209), as amended by 2018 PA 345.
The bill was read a first and second time by title and referred to the
Committee on Regulatory Reform.
The
Assistant President pro tempore, Senator Theis, assumed the Chair.
Statements
The motion
prevailed.
Senator Nesbitt’s statement is as
follows:
I rise today in honor of a good friend
of mine who left the Earth last Friday, on June 7. Jim Shank was a person all
of us strive to be—generous, kind, funny, and he always had time to listen.
I met Jim Shank through his activism
with my own county party and Farm Bureau. He was a lifelong Paw Paw
resident. He owned 2 Paws Nursery and was active with the Michigan Landscape
Nurserymans Association. He was past local president and member of the Farm Bureau
and he mentored young people interested in agriculture.
Jim and his mother Sid supported me as
I ran for office the first time and each election after. Everyone in Van Buren
County and my area knows you need the Shank family endorsement and their thoughtful
advice before going on said ventures. Thankfully, we became close friends. I
enjoyed Christmas Eve breakfasts together, joined our family in passes for
Christmas Day, and with them hanging out at community events.
Jim appeared to be a quiet man in the
background, but he did more for our community than most will ever realize. His
obituary says it well, “Jim had an infectious laugh and loved to tell a good
joke or spin an interesting story. He consistently put others ahead of himself,
and would plow driveways for widows on a fixed income, fix a faucet for a
single mom or run a friend’s child to religious ed.”
Jim has left a
legacy of service on our body. He was a tremendous influence on myself and past
Senators Schuitmaker and O’Brien.
I hope we will all
strive to live like Jim—giving without asking, lending a hand where needed,
laughing with loved ones, and serving others. He left us way too early, but
while we mourn his loss here and will miss him dearly, we are comforted that he
met his Savior who said, “Job well done”—something we all want to hear.
A moment of silence was observed in
memory of Jim Shank.
Announcements of Printing and
Enrollment
The Secretary announced that the following
House bills were received in the Senate and filed on Tuesday, June 11:
House Bill Nos. 4229 4231 4238 4615 4616
The Secretary announced that the following
bills and joint resolution were printed and filed on Tuesday, June 11 and
are available on the Michigan Legislature website:
Senate Bill Nos. 365 366 367
House Bill Nos. 4695 4696 4697 4698 4699 4700 4701 4702 4703 4704 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715
House Joint Resolution K
Committee Reports
COMMITTEE
ATTENDANCE REPORT
The
Committee on Energy and Technology submitted the following:
Meeting
held on Tuesday, June 11, 2019, at 2:00 p.m., Room 1100, Binsfeld Office
Building
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt,
Barrett, Bumstead, Outman, McCann, Brinks and McMorrow
COMMITTEE
ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Meeting
held on Tuesday, June 11, 2019, at 2:00 p.m., Room 1300, Binsfeld Office
Building
Present:
Senators McBroom (C), Lucido, Theis, MacDonald and Irwin
Economic and Small Business Development
-
Thursday, June 13, 12:00 noon, Room 1200, Binsfeld Office Building (517)
373-5314
Health Policy and Human Services - Thursday, June 13, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517) 373-5323
Judiciary and
Public Safety - Thursday, June 13, 8:30 a.m., Room 1100, Binsfeld Office
Building (517) 373-5312
Regulatory Reform - Tuesday, June 25, 3:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5314
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:56 a.m.
The
Assistant President pro tempore, Senator Theis, declared the Senate adjourned
until Thursday, June 13, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate