STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, November 13, 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—excused
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
Ed McBroom of the 38th District offered the following invocation:
Dear
Father, I come before You this morning as just another person that You have
blessed so richly and someone You have given grace to. Father, I praise You for
being gracious and merciful and I beg that You would continue to show mercy to
Your people—Your people here in Michigan, Your people here in the Michigan
Senate.
Father,
help us to be aware of our sinfulness. Help us to be aware of our shortcomings.
Help us to be aware of the evil that is so easily pervading our speech, our
writing, our society around us. Help us to be aware of how we are a part of
that—how we can so easily fall into the traps—traps that slander other people,
hurt other people, traps that keep our society from functioning well, tear
families apart, and tear a nation apart.
Father,
forgive us. Forgive us as a nation for our many sins, for failing to protect
the widows, the orphans, the poor, for failing to stand for righteousness, for
failing to even seek to know what You have laid out is righteousness. Father I
confess these things to You. I pray that You will help us to be mindful that
all the blessings that this nation has that we enjoy as a nation and we enjoy
as individuals are due to You. You are the giver of all good things, and You
have given us Your Son. You have provided a way to know You, to hear from You,
and to be close to You, and to spend eternity with You.
Father
I pray this morning that You will bless our deliberations, that You will help
us have grace with each other, patience with each other, and that we will work
together to promote righteousness and good laws for Your people. Help us to
guard our tongues. Help us to guard our actions. Make us thoughtful and seeking
to do what is right.
I pray
especially You will watch over our families and loved ones at home, that You
will keep them safe and that You will give each of us wonderful time with them
in the weeks to come, that You will help us to be safe ourselves and to work
hard for our people back in our districts.
Thank
You for this opportunity to serve You and help each of us to remember that we
work for You in all that we do to bring glory to You.
I pray
these things in Jesus’ name. Amen.
The President pro tempore, Senator Nesbitt, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator Chang moved that Senators
Ananich and Geiss be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators
Hollier and Santana be excused from today’s session.
The motion prevailed.
Senator Ananich entered the Senate Chamber.
Senate Bill No. 595, entitled
A bill
to authorize the state administrative board to accept and convey real property
in Grand Traverse County; to prescribe conditions for the conveyance; and to
provide for disposition of the revenue from the conveyance.
The motion prevailed, a majority of the
members serving voting therefor, and the bill was placed on the order of
General Orders.
Senator MacGregor moved that the
bill be referred to the Committee on Appropriations.
The motion prevailed.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:08 a.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
During the recess, Senator Geiss
entered the Senate Chamber.
House Bill No. 4687
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate
proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bills:
House Bill No. 4451
House Bill No. 4710
House Bill No. 4306
Senate Bill No. 369
House Bill No. 5084
Senate Bill No. 306
Senate Bill No. 349
Senate Bill No. 586
Senate Bill No. 587
Senate Bill No. 588
The motion prevailed.
The following bill was read a
third time:
House Bill No. 4451, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.
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. 305 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Hollier Santana
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 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,”.
The Senate agreed to the full title.
The following bill was read a
third time:
House Bill No. 4710, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending the heading of part 165 and sections 16215, 16322,
16501, 16511, 16521, 16525, and 16529 (MCL 333.16215, 333.16322, 333.16501,
333.16511, 333.16521, 333.16525, and 333.16529), section 16215 as amended by
2005 PA 211, sections 16322, 16501, 16525, and 16529 as added by 2006 PA
30, section 16511 as amended by 2006 PA 397, and section 16521 as amended
by 2010 PA 79, and by adding sections 16513, 16515, and 16517.
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. 306 Yeas—30
Alexander Geiss MacDonald Shirkey
Ananich Hertel MacGregor Stamas
Bayer Horn McCann Theis
Bizon Irwin McMorrow VanderWall
Brinks Johnson Moss Victory
Bullock LaSata Outman Wojno
Chang Lauwers Schmidt Zorn
Daley Lucido
Nays—6
Barrett McBroom Polehanki Runestad
Bumstead Nesbitt
Excused—2
Hollier Santana
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 protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or
consolidation of hospitals or services; to provide for the collection and use
of data and information; to provide for the transfer of property; to provide
certain immunity from liability; to regulate and prohibit the sale and offering
for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a
third time:
House Bill No. 4306, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 3212 (MCL 600.3212), as amended by
2011 PA 301.
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
has an ownership interest.”.
The question being on the
adoption of the amendments,
Senator Hertel withdrew the
amendments.
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, or its agent,
has a majority ownership interest.”.
The
amendments were not adopted, a majority of the members serving not voting
therefor.
Senator Chang requested the yeas
and nays.
The
yeas and nays were ordered, 1/5 of the members present voting therefor.
The
amendments were not adopted, a majority of the members serving not voting
therefor, as follows:
Roll Call
No. 307 Yeas—14
Alexander Bullock Irwin Moss
Ananich Chang McCann Polehanki
Bayer Geiss McMorrow Wojno
Brinks Hertel
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—2
Hollier Santana
Not
Voting—0
In
The Chair: Nesbitt
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. 308 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—14
Alexander Bullock Irwin Moss
Ananich Chang McCann Polehanki
Bayer Geiss McMorrow Wojno
Brinks Hertel
Excused—2
Hollier Santana
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 not concurred in, 2/3
of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“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,”.
The Senate agreed to the full title.
The following bill was read a
third time:
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
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. 309 Yeas—24
Barrett LaSata Moss Stamas
Bizon Lauwers Nesbitt Theis
Bumstead Lucido Outman VanderWall
Daley MacDonald Runestad Victory
Horn MacGregor Schmidt Wojno
Johnson McBroom Shirkey Zorn
Nays—12
Alexander Brinks Geiss McCann
Ananich Bullock Hertel McMorrow
Bayer Chang Irwin Polehanki
Excused—2
Hollier Santana
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. 5084, entitled
A bill to amend 2009 PA 75, entitled “Mortgage
loan originator licensing act,” by amending sections 3 and 5 (MCL 493.133 and
493.135), section 3 as amended by 2012 PA 150 and section 5 as amended by 2014
PA 421, and by adding sections 5a, 5b, and 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. 310 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Hollier Santana
Not
Voting—0
In
The Chair: Nesbitt
The question being on concurring
in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for the licensing of
mortgage loan originators; to regulate the business practices of mortgage loan
originators; to establish certain obligations of employees and principals of
mortgage loan originators; to prescribe the powers and duties of certain state
agencies and officials; and to provide remedies and prescribe penalties,”.
The Senate agreed to the full title.
The following bill was read a
third time:
Senate Bill No. 306, entitled
A bill to amend 1961 PA 120, entitled “An act
to authorize the development or redevelopment of principal shopping districts
and business improvement districts; to permit the creation of certain boards;
to provide for the operation of principal shopping districts and business
improvement districts; to provide for the creation, operation, and dissolution
of business improvement zones; and to authorize the collection of revenue and
the bonding of certain local governmental units for the development or
redevelopment projects,” by amending sections 1, 5, 10, 10b, 10c, 10e, 10f,
10g, 10h, 10j, 10k, and 10l (MCL 125.981, 125.985, 125.990, 125.990b, 125.990c,
125.990e, 125.990f, 125.990g, 125.990h, 125.990j, 125.990k, and 125.990l),
sections 1 and 5 as amended by 2003 PA 209, sections 10, 10c, 10f, 10g, and 10k
as amended by 2018 PA 262, sections 10b, 10e, 10h, and 10l as amended by
2013 PA 126, and section 10j as added by 2001 PA 260.
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. 311 Yeas—31
Alexander Geiss McBroom Shirkey
Ananich Hertel McCann Stamas
Bayer Horn McMorrow Theis
Bizon LaSata Moss VanderWall
Brinks Lauwers Nesbitt Victory
Bullock Lucido Outman Wojno
Chang MacDonald Polehanki Zorn
Daley MacGregor Schmidt
Nays—5
Barrett Irwin Johnson Runestad
Bumstead
Excused—2
Hollier Santana
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. 349, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 233 (MCL 436.1233).
The
question being on the passage of the bill,
Senator Polehanki offered the following amendment:
1. Amend page 5, following line 20, by inserting:
“Enacting section 1. The legislature shall
annually appropriate sufficient funds from the state general fund to the state
school aid fund created in section 11 of article IX of the state constitution
of 1963 to fully compensate for any loss of revenue to the state school aid
fund resulting from the enactment of this amendatory act.”.
The amendment was not adopted, a
majority of the members serving not voting therefor.
Senator Chang requested the yeas
and nays.
The
yeas and nays were ordered, 1/5 of the members present voting therefor.
The
amendment was not adopted, a majority of the members serving not voting
therefor, as follows:
Roll Call
No. 312 Yeas—14
Alexander Bullock Irwin Moss
Ananich Chang McCann Polehanki
Bayer Geiss McMorrow Wojno
Brinks Hertel
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—2
Hollier Santana
Not
Voting—0
In
The Chair: Nesbitt
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. 313 Yeas—27
Ananich Hertel McCann Stamas
Barrett Horn Moss Theis
Bizon LaSata Nesbitt VanderWall
Brinks Lauwers Outman Victory
Bullock Lucido Runestad Wojno
Bumstead MacDonald Schmidt Zorn
Daley MacGregor Shirkey
Nays—9
Alexander Geiss Johnson McMorrow
Bayer Irwin McBroom Polehanki
Chang
Excused—2
Hollier Santana
Not
Voting—0
In
The Chair: Nesbitt
The Senate agreed to the title of
the bill.
Protests
Pursuant
to rule 3.506, Senators Geiss, Alexander and Polehanki submitted their reasons,
in writing, for voting “no” on the passage of Senate Bill No. 349.
Senator Geiss’ statement, in which
Senators Alexander and Polehanki concurred, is as follows:
Today, I voted “no” on Senate
Bill No. 349, which would give incentives for distillers utilizing Michigan
products in their final product. While I believe in the spirit and intent of
the bill, and support our craft distillers (as well as other small business
owners in the craft and Michigan-based adult-beverage business), because the
bill will negatively impact the School Aid Fund, I felt it necessary to vote “no.”
I am hopeful that as this bill works its way through the Legislature, that
holding the School Aid Fund harmless will be included in this bill. I would be
able to support this bill, were School Aid Fund held harmless and our students’
education not put in further peril through repeated disinvestment in it from a
combination of insufficient funding levels and multiple years of tax incentives
given in this state that have failed to hold the School Aid Fund harmless.
The
motion prevailed.
Senator Polehanki’s statement is as follows:
Today I rise to offer an
amendment that would hold the School Aid Fund harmless from the incentive
created in Senate Bill No. 349. I support Michigan’s small businesses and
Michigan agriculture but I’d like to do so while keeping the School Aid Fund
held harmless. This amendment would annually appropriate funds from the General
Fund to the School Aid Fund to compensate for any lost revenue. We cannot
continue to chip away at the School Aid Fund in amounts great or small and
expect our schools to thrive. Therefore, I urge my colleagues to vote “yes” to
support this amendment.
The following bill was read a
third time:
Senate Bill No. 586, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section
1028.
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. 314 Yeas—35
Alexander Daley MacDonald Schmidt
Ananich Geiss MacGregor Shirkey
Barrett Hertel McCann Stamas
Bayer Horn McMorrow Theis
Bizon Irwin Moss VanderWall
Brinks Johnson Nesbitt Victory
Bullock LaSata Outman Wojno
Bumstead Lauwers Polehanki Zorn
Chang Lucido Runestad
Nays—1
McBroom
Excused—2
Hollier Santana
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. 587, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section
609e.
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. 315 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Hollier Santana
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. 588, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section
609d.
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. 316 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Hollier Santana
Not
Voting—0
In
The Chair: Nesbitt
The Senate agreed to the title of
the bill.
By unanimous consent the Senate
proceeded to the order of
General Orders
The
motion prevailed, and the President pro tempore, Senator Nesbitt, designated
Senator Bayer as Chairperson.
After
some time spent therein, the Committee arose; and the President pro tempore,
Senator Nesbitt, having resumed the Chair, the Committee reported back to the
Senate, favorably and with a substitute therefor, the following bill:
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.
Substitute
(S-1)
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.
Substitute
(S-1)
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.
Substitute
(S-1)
Senate Resolution No. 89
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate
proceeded to the order of
Resolutions
A resolution to support the
Michigan National Guard in its efforts to have Detroit selected as the host
city for the National Guard Association of the United States 2024 national
conference.
The question being on the
adoption of the resolution,
Introduction and Referral of Bills
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman
bingo act,” by amending section 10a (MCL 432.110a), as amended by 2006 PA
427.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senators Theis and Moss introduced
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending section 23a (MCL 388.1623a), as
amended by 2018 PA 586.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
Senators Moss and Theis introduced
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1231 (MCL 380.1231), as amended by
2018 PA 235, and by adding section 1230i.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
Senators Theis, McBroom, MacDonald
and Santana introduced
A bill to amend 2004 PA 452, entitled “Identity
theft protection act,” by amending section 11 (MCL 445.71), as amended by 2010
PA 315.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senators McBroom, Theis, MacDonald
and Santana introduced
A bill to amend 2004 PA 452, entitled “Identity
theft protection act,” by amending section 3 (MCL 445.63), as amended by 2010
PA 318.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senators MacDonald, Theis, McBroom
and Santana introduced
A bill to amend 2004 PA 452, entitled “Identity
theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006
PA 246.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senators Santana, McBroom and
MacDonald introduced
A bill to amend 2004 PA 452, entitled “Identity
theft protection act,” by amending sections 19 and 19b (MCL 445.79 and
445.79b), section 19 as added by 2010 PA 315 and section 19b as added by 2010
PA 314.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senators Irwin and Johnson
introduced
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 14, 248a, and 248d (MCL 257.14, 257.248a,
and 257.248d), sections 14 and 248a as amended and section 248d as added by
2012 PA 498.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senator Theis introduced
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1531i (MCL 380.1531i), as amended by
2018 PA 106.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
Senator Outman introduced
A bill to authorize the department of
technology, management, and budget to convey state-owned property in Mecosta
County; to prescribe conditions for the conveyance; to provide for powers and
duties of state departments, agencies, and officers in regard to the property;
and to provide for disposition of revenue derived from the conveyance.
The bill was read a first and second time by
title and referred to the Committee on Appropriations.
Senator Runestad’s
statement is as follows:
Today, November 13th, Senator
Wojno and I come before you in solemn remembrance of the victims of communist
brutality, with estimates upwards of 100 million lives lost to totalitarian
communist regimes.
Last week our nation marked a
national observance for the millions of victims who have died as a result of
international communism. This National Day for the Victims of Communism honors
the memory of the victims and those who were persecuted, while reaffirming a
world vision of peace, prosperity, and freedom.
In solidarity with these victims
we must also remember the anniversary of the Ukrainian Holodomor of 1932-33.
Holodomor means “death by starvation.” The fourth Saturday in November has been
recognized internationally as a day to commemorate the Holodomor, when seven to
10 million Ukrainians were intentionally starved to death by Stalin’s regime.
This year, 2019, marks the 86th anniversary of this tragedy.
Some of the survivors of the
Holodomor and their descendants reside in Michigan and in our districts, and
they are honored by the work of the Ukrainian American Holodomor Genocide
Committee of Michigan.
Senator Wojno’s
statement is as follows:
The Ukrainian American Holodomor
Genocide Committee of Michigan has worked passionately to spread Holodomor
awareness through the creation of lesson plans with the Michigan Department of
Education. These lesson plans contribute to our understanding that the Soviet
authorities denied, concealed, and destroyed information about the Holodomor
and that accurate information about this tragic event has only recently been
made available. The committee’s work has raised awareness of the historical
facts of the Holodomor and continues these efforts to prevent such atrocities
against mankind in the future.
Senator Runestad and I are joined
here today with guests in the Gallery—Doris and Andrey Duzyj of Warren—in
remembrance of the Holodomor to reflect on the legacy of this event and bring
awareness of the Holodomor’s place in the history of communist oppression,
brutality, and genocide.
A moment of silence was observed
in remembrance of the victims of the Holodomor and in memory of the
international victims of communist brutality.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 12:35 p.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
By unanimous consent the Senate
returned to the order of
General Orders
The
motion prevailed, and the President pro tempore, Senator Nesbitt, designated
Senator Bayer as Chairperson.
After
some time spent therein, the Committee arose; and the President pro tempore,
Senator Nesbitt, having resumed the Chair, the Committee reported back to the
Senate, favorably and with amendments, the following bill:
House Bill No. 4687, entitled
A bill
to amend 1994 PA 451, entitled “Natural resources and environmental protection
act,” by amending sections 40102, 40111a, and 43527a (MCL 324.40102,
324.40111a, and 324.43527a), section 40102 as amended by 2015 PA 24, section
40111a as amended by 2015 PA 265, and section 43527a as added by 2013 PA 108.
The
following are the amendments recommended by the Committee of the Whole:
2. Amend page 4, line 20, after “state” by
inserting “if that individual does not
deposit more than 5 gallons of feed at each site. An individual shall not
engage in deer or elk feeding in any county or deer management unit of this
state where the department of agriculture and rural development and the
department have entered into a memorandum of understanding with the United
States Department of Agriculture requiring the limitation or banning of baiting
or feeding”.
3. Amend page 5, line 13, after “subsection” by inserting “and subsection (3)”.
4. Amend page 5, line 13, after “subsection,” by inserting “until 2 years after the effective date of
the 2019 amendatory act that amended this section,”.
5. Amend page 5, line 15, after “elk” by striking out the balance of the
line through “site.” on line 16 and
inserting “if that individual does all
of the following:
(a) Uses no more than 5 gallons of bait
spread over at least 400 square feet at each baiting site.
(b) Uses bait that is no larger than a
sugar beet.
(c) Uses no more than 1 baiting site
per hunting site.
(3)”.
6. Amend page 5, line 16, after “site.” by striking out the balance of
the section and inserting “An individual
shall not engage in deer or elk feeding in any county or deer management unit
of this state where the department of agriculture and rural development and the
department have entered into a memorandum of understanding with the United
States Department of Agriculture requiring the limitation or banning of baiting
or feeding.”.
House Bill No. 4687
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate
returned to the order of
Third Reading of Bills
Senator MacGregor moved that the
Senate proceed to consideration of the following bill:
House Bill No. 4687
The motion prevailed.
The following bill was read a
third time:
House Bill No. 4687, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 40102,
40111a, and 43527a (MCL 324.40102, 324.40111a, and 324.43527a), section 40102
as amended by 2015 PA 24, section 40111a as amended by 2015 PA 265, and section
43527a as added by 2013 PA 108.
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. 317 Yeas—21
Barrett Lauwers Nesbitt Stamas
Bizon Lucido Outman Theis
Daley MacDonald Runestad VanderWall
Horn MacGregor Schmidt Wojno
Johnson McBroom Shirkey Zorn
LaSata
Nays—14
Alexander Bullock Hertel McMorrow
Ananich Bumstead Irwin Moss
Bayer Chang McCann Polehanki
Brinks Geiss
Excused—2
Hollier Santana
Not
Voting—1
Victory
In
The Chair: Nesbitt
The question being on concurring
in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3
of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect the environment and natural
resources of the state; to codify, revise, consolidate, and classify laws
relating to the environment and natural resources of the state; to regulate the
discharge of certain substances into the environment; to regulate the use of
certain lands, waters, and other natural resources of the state; to protect the
people’s right to hunt and fish; to prescribe the powers and duties of certain
state and local agencies and officials; to provide for certain charges, fees,
assessments, and donations; to provide certain appropriations; to prescribe
penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Pursuant to rule 1.306, Senator Victory
submitted the following:
Office
of Senator Roger Victory
November 13, 2019
Pursuant to Senate Rule 1.306, I
will be abstaining from voting on House Bill 4687. In the past my farm has
grown and sold crops to be used as deer bait for the purposes of hunting. If
the current baiting ban were to be repealed, as proposed by House Bill 4687, my
farm would benefit financially. As such I will be abstaining from voting on
House Bill 4687.
I ask that my comments be printed
in the Journal as a disclosure under Senate Rule 1.306.
Thank you.
Sincerely,
Roger
Victory
State
Senator
30th
District
The motion prevailed.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills and resolutions were printed and
filed on Tuesday, November 12, and are available on the Michigan Legislature
website:
Senate
Bill Nos. 645 646 647 648
Senate
Concurrent Resolution No. 15
Senate
Resolution No. 89
Committee Reports
The Committee on Government Operations
reported
House
Bill No. 4687, entitled
A bill
to amend 1994 PA 451, entitled “Natural resources and environmental protection
act,” by amending sections 40102, 40111a, and 43527a (MCL 324.40102,
324.40111a, and 324.43527a), section 40102 as amended by 2015 PA 24, section
40111a as amended by 2015 PA 265, and section 43527a as added by 2013 PA 108.
With
the recommendation that the following amendments be adopted and that the bill
then pass:
1. Amend
page 4, line 20, after “state” by inserting “if that individual does not
deposit more than 5 gallons of feed at each site. An individual shall not
engage in deer or elk feeding in any county or deer management unit of this
state where bovine tuberculosis has been detected in deer, elk, or cattle”.
2. Amend
page 5, line 17, after “any” by striking out “area” and inserting “county or
deer management unit”.
3. Amend
page 5, line 18, after “deer” by inserting a comma and “elk, or cattle”.
The
committee further recommends that the bill be given immediate effect.
Mike
Shirkey
Chairperson
To
Report Out:
Yeas:
Senators Shirkey, Lauwers and Nesbitt
Nays:
Senators Ananich and Chang
The
bill and the amendments recommended by the committee were referred to the
Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The
Committee on Government Operations submitted the following:
Meeting
held on Tuesday, November 12, 2019, at 9:00 a.m., Room 403, Capitol Building
Present:
Senators Shirkey (C), Lauwers, Nesbitt, Ananich and Chang
The
Committee on Families, Seniors, and Veterans reported
Senate
Resolution No. 89.
A resolution
to support the Michigan National Guard in its efforts to have Detroit selected
as the host city for the National Guard Association of the United States 2024
national conference.
(For
text of resolution, see Senate Journal No. 108, p.1639)
With the
recommendation that the resolution be adopted.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas:
Senators Bizon, Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
Nays:
None
The
resolution was placed on the order of Resolutions.
COMMITTEE
ATTENDANCE REPORT
The
Committee on Families, Seniors, and Veterans submitted the following:
Meeting
held on Tuesday, November 12, 2019, at 12:00 noon, Room 1100, Binsfeld Office
Building
Present:
Senators Bizon (C), Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
COMMITTEE
ATTENDANCE REPORT
The
Committee on Education and Career Readiness submitted the following:
Meeting
held on Tuesday, November 12, 2019, at 12:00 noon, Room 1300, Binsfeld Office
Building
Present:
Senators Theis (C), Horn, Bumstead, Runestad, Daley, Polehanki and Geiss
COMMITTEE
ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Meeting
held on Tuesday, November 12, 2019, at 2:00 p.m., Room 1300, Binsfeld Office
Building
Present: Senators McBroom (C), Lucido,
Theis, MacDonald and Irwin
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Talent and Economic Development/MEDC submitted the
following:
Meeting held on Tuesday, November 12, 2019, at 3:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Horn (C), and Schmidt
Senator MacGregor moved that the
Senate adjourn.
The
motion prevailed, the time being 12:51 p.m.
In
pursuance of the order previously made, the President pro tempore, Senator
Nesbitt, declared the Senate adjourned until Wednesday, November 20, 2019, at
10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate