STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, December
11, 2019.
10:00
a.m.
The
Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
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—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Pastor Zane Abberger of Lakeview
Baptist Church of Lakeview offered the following invocation:
Dear Heavenly Father, we come to
You today on behalf of the men and women who sit in these chambers and govern
the affairs of this state. We thank You for each of them and we ask that Your
watchcare would be over their families, as many sacrifice precious time away
from them to perform their duties in Lansing
We ask that You give to them
strength to perform the arduous and patience to endure the tedious. We believe
that You have brought them here for such a time as this. Grant to them wisdom
to see the right, courage to follow the truth, and faith to recognize your
presence here today. Lord, we would also ask that you assure them of your
promise—the heart of the king is in the hand of the Lord—for there is no better
place to be.
May all praise and glory be to
Your precious Son, Jesus Christ, for it is in His name we pray. Amen.
The President pro tempore,
Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
Senator Chang moved that Senator
Ananich be temporarily excused from today’s session.
The motion prevailed.
Senators Shirkey and Ananich entered
the Senate Chamber.
House
Bill No. 4307
The motion prevailed.
The motion prevailed, a majority of the members serving voting therefor.
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 10:06 a.m.
The Senate was called to order by
the President pro tempore, Senator Nesbitt.
During the recess, Senator Stamas
entered the Senate Chamber.
During the recess, Senator
McMorrow introduced the Troy Athens Red Hawks boys soccer team and head coach Todd
Heugh, MHSAA Division 1 state champions; and presented them with a Special
Tribute.
By unanimous consent the Senate
proceeded to the order of
General Orders
House
Bill No. 4173
House
Bill No. 4308
House
Bill No. 4309
House
Bill No. 4310
House
Bill No. 4311
House
Bill No. 4312
House
Bill No. 4323
House
Bill No. 4916
House
Bill No. 4917
House
Bill No. 4918
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed, and the
President pro tempore, Senator Nesbitt, designated Senator Lauwers 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 10:43 a.m.
10:49 a.m.
The Committee of the Whole was
called to order by the Chairperson, Senator Lauwers.
After some time spent therein, the Committee arose; and the Assistant
President pro tempore, Senator Theis, having assumed the Chair, the Committee reported back to
the Senate, favorably and without amendment, the following bills:
Senate Bill No. 132, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” by amending sections 12 and 48 (MCL
250.1012 and 250.1048), and by adding section 1085.
Senate Bill No. 435, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding
section 1075a.
Senate Bill No. 585, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” by amending sections 11 and 14 (MCL
250.1011 and 250.1014), and by adding section 14a.
House Bill No. 4349, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding
section 42b.
House Bill No. 4570, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” by amending section 32 (MCL 250.1032).
House
Bill No. 4572, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding
section 1091.
House Bill No. 4611, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding
section 1089.
The bills were placed on the order of
Third Reading of Bills.
House Bill No. 4173, entitled
A bill to
amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by
amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12,
13, 14, 15, 16, 18, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a,
432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115,
432.116, 432.118, and 432.119), sections 2 and 9 as amended by 2008 PA 401,
sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and
11b as amended by 2006 PA 427, sections 4, 13, 14, 15, 16, and 18 as amended by
1999 PA 108, and section 19 as amended by 1995 PA 263, by designating sections
1 to 20 as article 1, and by adding article 2; and to repeal acts and parts of
acts.
Substitute (S-2)
House Bill No. 4308, entitled
A bill to regulate the conduct of
fantasy contests; to protect Michigan participants in fantasy contests; to
require licensing of the operators of fantasy contests; to impose fees on the
operators of fantasy contests; to provide for the powers and duties of certain
state governmental officers and entities; to prohibit violations of this act;
to prescribe civil sanctions; and to prescribe penalties.
Substitute (S-2)
House Bill No. 4309, entitled
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 14d of chapter
XVII (MCL 777.14d), as amended by 2016 PA 272.
Substitute (S-1)
House Bill No. 4310, entitled
A bill to amend 1995 PA 279,
entitled “Horse racing law of 1995,” by amending sections 8, 17, 20, and 22
(MCL 431.308, 431.317, 431.320, and 431.322), as amended by 2016 PA 271.
Substitute (S-3)
House Bill No. 4312, entitled
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 14d of chapter
XVII (MCL 777.14d), as amended by 2016 PA 272.
Substitute (S-1)
House Bill No. 4323, entitled
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section
310d.
Substitute (S-1)
House Bill No. 4917, entitled
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section
310d.
Substitute (S-1)
House Bill No. 4918, entitled
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 14d of chapter
XVII (MCL 777.14d), as amended by 2016 PA 272.
Substitute (S-1)
House Bill No. 4051, entitled
A bill to amend 1974 PA 258,
entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section
165.
Substitute (S-2)
By unanimous consent the Senate
returned to the order of
Motions and Communications
Senate
Bill No. 650
Senate
Bill No. 651
Senate
Bill No. 661
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate
returned to the order of
General Orders
The motion prevailed, and the
Assistant President pro tempore, Senator Theis, designated Senator Lauwers as
Chairperson.
After some time spent therein,
the Committee arose; and the President pro tempore, Senator Nesbitt, having
resumed the Chair, the Committee reported back to the Senate, favorably and
without amendment, the following bill:
Senate Bill No. 651, entitled
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 placed on the order of
Third Reading of Bills.
Senate Bill No. 650, entitled
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.
Substitute (S-1)
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
A bill to make, supplement, and adjust appropriations for various state
departments and agencies for the fiscal year ending September 30, 2019; and to
provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the
Committee on Appropriations.
Senator Stamas introduced
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 bill was read a first and second time by
title and referred to the Committee on Appropriations.
Senators Schmidt and Horn introduced
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending section 1108 (MCL 339.1108), as amended by 2014 PA 136.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senator Zorn introduced
A bill to amend 1917 PA 167, entitled “Housing
law of Michigan,” by amending section 125 (MCL 125.525), as amended by 2016 PA
14.
The bill was read a first and second time by
title and referred to the Committee on Local Government.
Senators Lauwers, Theis, Bizon, Barrett,
Ananich, Horn, Outman, VanderWall and Hollier introduced
A bill to amend 2018 PA 111, entitled “Agricultural
disaster loan origination program act,” by amending sections 2, 3, 4, and 5
(MCL 286.432, 286.433, 286.434, and 286.435).
The bill was read a first and second time by
title and referred to the Committee on Appropriations.
Senator McBroom introduced
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” (MCL 791.201 to 791.285) by adding section 20.
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
Senator McBroom introduced
A bill to amend 2006 PA 491, entitled “Michigan
works one-stop service center system act,” by amending section 13 (MCL
408.123).
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as amended
by 2014 PA 263.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” (MCL 791.201 to 791.285) by adding section 34e.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1998 PA 386, entitled “Estates
and protected individuals code,” by amending sections 3203 and 3204 (MCL
700.3203 and 700.3204), as amended by 2018 PA 13.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending sections 78g and 78q (MCL 211.78g and
211.78q), section 78g as amended by 2014 PA 500 and section 78q as amended by
2019 PA 35.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Finance.
By unanimous consent the Senate
returned to the order of
Messages from the House
A bill to amend 1998 PA 386,
entitled “Estates and protected individuals code,” by amending section 5306
(MCL 700.5306), as amended by 2004 PA 532.
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.
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
House of Representatives has concurred in the Senate amendment to the House substitute
(H-2).
The bill was referred to the Secretary
for enrollment printing and presentation to the Governor.
A bill
to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to
400.119b) by adding section 111n.
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.
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate Bill No. 228
The motion prevailed.
A bill
to create a suicide prevention commission within the legislative council and to
prescribe its powers and duties; and to prescribe the powers and duties of
certain state officers and entities.
Substitute
(H-3).
The question being on concurring in the
substitute made to the bill by the House,
The substitute was concurred in, a majority of
the members serving voting therefor, as follows:
Roll Call
No. 349 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn 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
Daley
Nays—0
Excused—0
Not
Voting—1
Hertel
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 as
amended.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
Senator
MacGregor moved to reconsider the vote by which the House substitute was
concurred in.
The
question being on the motion to reconsider,
Senator MacGregor withdrew the motion.
The
motion prevailed.
Senator Shirkey’s statement is as
follows:
I’d like to ask my colleagues and
staff on the Senate floor to join me in a special time of appreciation and
tribute to somebody who has served us all well in the Senate for this term and
a long time before.
I’ve got this tribute here in
front of me. I had the opportunity to read through it a couple of days ago. It
is very impressive. I would suggest that you should all find an opportunity to
read through it. Though it’s really not surprising that Craig has such an
interesting, comprehensive, and diverse background, which goes a long ways to
explain why he is and has been so effective at every position he has served in.
But this won’t surprise you
either—I am not going to read it. It is too good to simply read. It needs to be
absorbed, contemplated, read, and re-read by you, Craig, his family, and
friends. The guy described in this tribute could lead one to ask “Who is this
guy?”
Well, I’m glad you asked. I will
do my best to add some color to this wonderfully-composed tribute by using some
of my most favorite ‘F’ words.
First, when I think of Craig
Ryan, I think of family. Seldom have we, he and I, had a discussion where
family didn’t somehow make its way into the conversation. Craig—and Telly—are
nothing if they aren’t totally and fully committed to their family. This world
would be a different and much better place if every kid had the privilege and
blessing of being raised in a Craig and Telly Ryan household. They don’t just
love their kids; they love them enough to discipline them with the unlimited,
unconditional love they have. And Telly, we all know where the real source of
strength is in families such as this, and we’re grateful to you for how you
supported Craig throughout his career here, and how you set such a high
standard of loving, running, building, and nurturing a family. Thank you for
being here this morning.
No one who really knows Craig can
begin to describe him without using another ‘F’ word—faith. Again, seldom have
we had a serious conversation that faith didn’t enter into the mix. Craig’s
faith permeates from every pore of his being, especially for those fortunate
enough to work closely with him. Even as recent as last night, he played an
active role in bringing a friend and co-worker to the Lord and participated in
his baptism and public confession of faith. We all know in this environment we
are privileged to serve in, that to remain steady and faithful, avoiding the
seduction and temptations of working in high levels of public service is a
challenge. Craig sets a high standard. His love and faith in the subject of
this holiday season—Jesus Christ—is a cornerstone of his very being.
And then, closely associated with
his faith, Craig has shown many of us what fearless means—another favorite ‘F’
word. We have watched with wonder and awe how he and Telly have witnessed to
all of us how their faith has led them through the uncertainty of taking on a
seriously-discouraging diagnosis of cancer, and facing it head on. Frankly, and
I know my opinion matters not in this area, I think he was a pretty
good-looking stud when he had no hair. Technology has proven wonderful in the
perpetual battle with cancer, but nothing matches the fearlessness of someone
who has hope and deeply-rooted faith. And Emma, Lily, Jack, and Harrison—you
should be very proud of your dad.
Finally—and that’s not my last ‘F’
word—but finally, the ‘F’ word label that I will forever associate with Craig is
fun-governor. Every single time I’ve advocated for an outside-the-norm action,
Craig was the first to tell me, sometimes in very creative ways, that my ideas
were nuts. Sometimes he would simply look at me with that “that’s a stupid idea”
look that he could muster without effort. Other times, he would ask a simple
question like, “Do you really want to destroy your career that quickly?” And
when I suggested something that I was completely sold out on—that he knew would
be a huge failure and risk to the entire organization—he would pause for a
longer-than-normal moment and then say, “I quit.” Thankfully he never quit; he
just prevailed.
Until now, when an unplanned
opportunity presented itself that made sense for him, for his career, for his
family, and, I am convinced, will continue to accrue to the benefit of
Michigan. Craig, may God continue to bless you and everything and everyone you
touch, like you have me and many of us in this Chamber. Go forth and
marvelously prosper, my friend.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 11:30 a.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 Lauwers 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:
House Bill No. 4311, entitled
A bill
to create the lawful internet gaming act; to require licensure for persons to
offer internet gaming; to impose requirements for internet gaming; to provide
for the powers and duties of the Michigan gaming control board and other state
and local officers and entities; to impose fees; to impose tax and other
payment obligations on the conduct of licensed internet gaming; to create the
internet gaming fund; to prohibit certain acts in relation to internet gaming
and to prescribe penalties for those violations; to require the promulgation of
rules; and to provide remedies.
Substitute
(S-2)
The following is the amendment to
the substitute recommended by the Committee of the Whole:
1. Amend page 29, line 4, after “board” by striking
out the balance of the line through “(1)” on line 5 and inserting “may consider
a person’s violation of subsection (1) in determining whether to issue a
license under this act to the person”.
House Bill No. 4916, entitled
A bill
to create the lawful sports betting act; to require licensing of persons to
engage in sports betting via the internet, including through mobile
applications; to impose requirements for such sports betting; to impose tax and
other payment obligations on the conduct of licensed sports betting; to create
the internet sports betting fund; to prohibit certain acts in relation to
sports betting and to prescribe penalties for those violations; to require the
promulgation of rules; and to provide remedies.
Substitute
(S-2)
The following is the amendment to
the substitute recommended by the Committee of the Whole:
1. Amend page 21, line 26, after “subsection” by
inserting “until board rules as described in section 10(1) are in effect”.
The
motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4173
House Bill No. 4308
House Bill No. 4309
House Bill No. 4310
House Bill No. 4311
House Bill No. 4312
House Bill No. 4323
House Bill No. 4916
House Bill No. 4917
House Bill No. 4918
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 bills:
House Bill No. 4173
House Bill No. 4308
House Bill No. 4309
House Bill No. 4310
House Bill No. 4311
House Bill No. 4312
House Bill No. 4323
House Bill No. 4916
House Bill No. 4917
House Bill No. 4918
The motion prevailed.
The following bill was read a third
time:
House Bill No. 4173, entitled
A bill to amend 1972 PA
382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, 18, and 19 (MCL
432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110,
432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, 432.118, and 432.119),
sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended
by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427,
sections 4, 13, 14, 15, 16, and 18 as amended by 1999 PA 108, and section 19 as
amended by 1995 PA 263, by designating sections 1 to 20 as article 1, and by
adding article 2; 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. 350 Yeas—36
Alexander Daley MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—1
Irwin
Excused—0
Not
Voting—1
Geiss
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 license and regulate the conducting
of bingo, millionaire parties, and certain other forms of gambling; to provide
for the conducting of charity games, raffles, and numeral games; to provide for
exemptions from licensing requirements under certain circumstances; to impose
certain duties and authority upon certain state departments, agencies, and
officers; to provide a tax exemption; and to provide penalties,”.
The Senate agreed to the full title.
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,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call
No. 351 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—1
Irwin
Excused—0
Not
Voting—0
In
The Chair: Nesbitt
The following bill was read a third
time:
House Bill No. 4308, entitled
A bill to regulate the conduct of fantasy
contests; to protect Michigan participants in fantasy contests; to require
licensing of the operators of fantasy contests; to impose fees on the operators
of fantasy contests; to provide for the powers and duties of certain state
governmental officers and entities; to create the fantasy contest fund; to
prohibit violations of this act; to prescribe civil sanctions; and to prescribe
penalties.
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. 352 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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. 4309, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 14d of chapter XVII (MCL
777.14d), as amended by 2016 PA 272.
The
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. 353 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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 codify the
laws relating to criminal procedure and to define the jurisdiction, powers, and
duties of courts, judges, and other officers of the court under the provisions
of this act; to provide laws relative to the rights of persons accused of
criminal offenses and ordinance violations; to provide for the arrest of
persons charged with or suspected of criminal offenses and ordinance
violations; to provide for bail of persons arrested for or accused of criminal
offenses and ordinance violations; to provide for the examination of persons accused
of criminal offenses; to regulate the procedure relative to grand juries,
indictments, informations, and proceedings before trial; to provide for trials
of persons complained of or indicted for criminal offenses and ordinance
violations and to provide for the procedure in those trials; to provide for
judgments and sentences of persons convicted of criminal offenses and ordinance
violations; to establish a sentencing commission and to prescribe its powers
and duties; to provide for procedure relating to new trials and appeals in
criminal and ordinance violation cases; to provide a uniform system of
probation throughout this state and the appointment of probation officers; to
prescribe the powers, duties, and compensation of probation officers; to provide
penalties for the violation of the duties of probation officers; to provide for
procedure governing proceedings to prevent crime and proceedings for the
discovery of crime; to provide for fees of officers, witnesses, and others in
criminal and ordinance violation cases; to set forth miscellaneous provisions
as to criminal procedure in certain cases; to provide penalties for the
violation of certain provisions of this act; and to repeal all acts and parts
of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4310, entitled
A bill to amend 1995 PA 279, entitled “Horse
racing law of 1995,” by amending sections 6a, 8, 9, 17, 19, 19a, 20, and 22
(MCL 431.306a, 431.308, 431.309, 431.317, 431.319, 431.319a, 431.320, and
431.322), section 6a as added and sections 8, 9, 17, 19, 19a, 20, and 22 as
amended by 2016 PA 271, and by adding sections 8a, 19c, and 20a.
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. 354 Yeas—37
Alexander Geiss MacDonald Santana
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Runestad Zorn
Daley
Nays—1
Polehanki
Excused—0
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 license and regulate the conducting
of horse race meetings in this state with pari-mutuel wagering on the results
of horse races and persons involved in horse racing and pari-mutuel gaming
activities at such race meetings; to create the office of racing commissioner;
to prescribe the powers and duties of the racing commissioner; to prescribe
certain powers and duties of the department of agriculture and the director of
the department of agriculture; to provide for the promulgation of rules; to
provide for the imposition of taxes and fees and the disposition of revenues;
to impose certain taxes; to create funds; to legalize and permit the
pari-mutuel method of wagering on the results of live and simulcast races at
licensed race meetings in this state; to appropriate the funds derived from
pari-mutuel wagering on the results of horse races at licensed race meetings in
this state; to prescribe 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:
House Bill No. 4311, entitled
A bill to create the lawful internet gaming
act; to require licensure for persons to offer internet gaming; to impose
requirements for internet gaming; to provide for the powers and duties of the
Michigan gaming control board and other state and local officers and entities;
to impose fees; to impose tax and other payment obligations on the conduct of
licensed internet gaming; to create the internet gaming fund; to prohibit
certain acts in relation to internet gaming and to prescribe penalties for
those violations; to require the promulgation of rules; 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. 355 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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. 4312, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 14d of chapter XVII (MCL
777.14d), as amended by 2016 PA 272.
The
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. 356 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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 codify the
laws relating to criminal procedure and to define the jurisdiction, powers, and
duties of courts, judges, and other officers of the court under the provisions
of this act; to provide laws relative to the rights of persons accused of
criminal offenses and ordinance violations; to provide for the arrest of
persons charged with or suspected of criminal offenses and ordinance
violations; to provide for bail of persons arrested for or accused of criminal
offenses and ordinance violations; to provide for the examination of persons
accused of criminal offenses; to regulate the procedure relative to grand
juries, indictments, informations, and proceedings before trial; to provide for
trials of persons complained of or indicted for criminal offenses and ordinance
violations and to provide for the procedure in those trials; to provide for
judgments and sentences of persons convicted of criminal offenses and ordinance
violations; to establish a sentencing commission and to prescribe its powers
and duties; to provide for procedure relating to new trials and appeals in
criminal and ordinance violation cases; to provide a uniform system of
probation throughout this state and the appointment of probation officers; to
prescribe the powers, duties, and compensation of probation officers; to
provide penalties for the violation of the duties of probation officers; to
provide for procedure governing proceedings to prevent crime and proceedings
for the discovery of crime; to provide for fees of officers, witnesses, and
others in criminal and ordinance violation cases; to set forth miscellaneous
provisions as to criminal procedure in certain cases; to provide penalties for
the violation of certain provisions of this act; and to repeal all acts and
parts of acts inconsistent with or contravening any of the provisions of this
act,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4323, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310d.
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. 357 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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, codify, and
add to the statutes relating to crimes; to define crimes and prescribe the
penalties and remedies; to provide for restitution under certain circumstances;
to provide for the competency of evidence at the trial of persons accused of
crime; to provide immunity from prosecution for certain witnesses appearing at
criminal trials; to provide for liability for damages; and to repeal certain
acts and parts of acts inconsistent with or contravening any of the provisions
of this act,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4916, entitled
A bill to create the lawful sports betting
act; to require licensing of persons to engage in sports betting via the
internet, including through mobile applications; to impose requirements for
such sports betting; to impose tax and other payment obligations on the conduct
of licensed sports betting; to create the internet sports betting fund; to
prohibit certain acts in relation to sports betting and to prescribe penalties
for those violations; to require the promulgation of rules; and to provide
remedies.
The
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. 358 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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. 4917, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310e.
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. 359 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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, codify, and
add to the statutes relating to crimes; to define crimes and prescribe the
penalties and remedies; to provide for restitution under certain circumstances;
to provide for the competency of evidence at the trial of persons accused of
crime; to provide immunity from prosecution for certain witnesses appearing at
criminal trials; to provide for liability for damages; and to repeal certain
acts and parts of acts inconsistent with or contravening any of the provisions
of this act,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4918, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 14d of chapter XVII (MCL
777.14d), as amended by 2016 PA 272.
The
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. 360 Yeas—35
Alexander Daley Lucido Santana
Ananich Geiss MacDonald Schmidt
Barrett Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—3
McBroom Runestad Victory
Excused—0
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 codify the
laws relating to criminal procedure and to define the jurisdiction, powers, and
duties of courts, judges, and other officers of the court under the provisions
of this act; to provide laws relative to the rights of persons accused of
criminal offenses and ordinance violations; to provide for the arrest of
persons charged with or suspected of criminal offenses and ordinance
violations; to provide for bail of persons arrested for or accused of criminal
offenses and ordinance violations; to provide for the examination of persons
accused of criminal offenses; to regulate the procedure relative to grand
juries, indictments, informations, and proceedings before trial; to provide for
trials of persons complained of or indicted for criminal offenses and ordinance
violations and to provide for the procedure in those trials; to provide for
judgments and sentences of persons convicted of criminal offenses and ordinance
violations; to establish a sentencing commission and to prescribe its powers
and duties; to provide for procedure relating to new trials and appeals in
criminal and ordinance violation cases; to provide a uniform system of
probation throughout this state and the appointment of probation officers; to
prescribe the powers, duties, and compensation of probation officers; to
provide penalties for the violation of the duties of probation officers; to
provide for procedure governing proceedings to prevent crime and proceedings
for the discovery of crime; to provide for fees of officers, witnesses, and
others in criminal and ordinance violation cases; to set forth miscellaneous
provisions as to criminal procedure in certain cases; to provide penalties for
the violation of certain provisions of this act; and to repeal all acts and
parts of acts inconsistent with or contravening any of the provisions of this
act,”.
The Senate agreed to the full title.
Senator McBroom, under his
constitutional right of protest (Art. 4, Sec. 18) protested against the passage
of House Bill Nos. 4916, 4917, and 4918 and moved that the statement he made
during discussion of House Bill No. 4916 be printed as his reasons for voting “no.”
The motion prevailed.
Senator McBroom’s statement is as
follows:
I’d like to share with you my
explanation for voting “no” on this package of bills. Humans—both adult and
children, and I have plenty of children to observe this in—have a real tendency
to chafe against rules, particularly where the harm that would come from
disobeying those rules is not immediately obvious to us or where the
consequences to a certain action seem like they could be easily avoided. In a
society like ours that has disconnected itself from moral moorings, we are
constantly pushing the boundaries of social mores. Marijuana gets legalized,
harder drugs get legalized, we legalize risky behaviors, we glorify alcohol,
and many other hurts to society are lauded as having the virtue of freedom for
each of us personally while ignoring the resulting slavery on all of our
society.
The addiction to money is not
just symptomatic to the gambling addict but is symptomatic to the state itself.
The state of Michigan is addicted to people’s money. This progress as we so
call it of giving more personalized freedom to do things that are traditionally
vices always proceeds from the lesser to the greater—state lotteries cite
specific games, cite specific casinos, charitable gaming, online gaming, all
online games, now sports betting. These are the same trends that follow in
substance abuses and other moral questions. All of these items prey on the most
vulnerable in our society by promising something for nothing. They appeal to
the basest of human instincts to avoid work and get your bread without any
sweat. The purpose of legalized and organized gambling is the industrialized,
mass extraction of people’s money. While we portray it as entertainment—like
your office pool or the Tuesday night poker game—the business of gambling does
everything it can to take the largest possible legal amount of money from every
user it can. It’s not like going to Disney World which gives you what you pay
for. Instead, it takes, it takes, and it takes with the illusion of a payout
that we all know is both technically and statistically unlikely to ever happen.
It’s not true.
People aren’t going to win;
people are going to lose. The house—and in lotteries, the state—always wins
because that’s the goal. Now, with organized sports betting, the expansion of
gaming in this state is a huge step in furthering the harm that comes from
organized gambling and what it does to our society. Therefore, I oppose this
package of this legislation.
Recess
Senator
MacGregor moved that the Senate recess until 1:15 p.m.
The
motion prevailed, the time being 12:33 p.m.
Senator Barrett’s statement is as
follows:
It’s kind of a bittersweet moment
in my office. Alec Faggion, who’s worked for me for the last year in my office,
is departing for an opportunity in Washington, D.C., something that he’s really
going to do a tremendous job at. Alec originally worked for me on my campaign,
was my campaign manager last year in our election, and really did an impressive
job. In fact, he’s my only campaign manager that didn’t crash my car into
something, which is a really important thing that I deeply appreciate.
Certainly with all the difficulty
that comes with a campaign and the challenges that we face and everything else,
he kept a cool and calm demeanor the whole time, was professional throughout
the entire process, and certainly got to become a trusted friend of myself and
my family. My five-year-old daughter still has a crush on him. All of us in the
Barrett brigade are very thankful for that. In fact, in last year’s election,
the top of the ticket in my district actually went for the opposing party, but
we were still able to win in my district, certainly with the help that Alec
brought to the team, and we’re thankful for that. This year he served as my
district director in my office and has done a tremendous job representing me in
my absence when we’ve been here in Lansing for different events throughout our
district. I wanted to recognize him today for all of his service, and have this
seal that is signed by all of you to commemorate his time and service here in
the Senate.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 1:16 p.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
Senate Bill No. 132
Senate Bill No. 435
Senate Bill No. 585
House Bill No. 4349
House Bill No. 4570
House Bill No. 4572
House Bill No. 4611
Senate Bill No. 650
Senate Bill No. 651
House Bill No. 4051
The motion prevailed, a majority of the
members serving voting therefor.
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
House Bill No. 4307
The motion prevailed.
The
House of Representatives returned, in accordance with the request of the Senate
House Bill No. 4307, entitled
A bill
to amend 1996 IL 1, entitled “Michigan Gaming Control and Revenue Act,” by
amending sections 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9, 9a, 9b,
9c, 12, 12a, 14, 18, 21, and 25 (MCL 432.202, 432.204, 432.204a, 432.204c,
432.204d, 432.205, 432.206, 432.206a, 432.206c, 432.207a, 432.207c, 432.208,
432.209, 432.209a, 432.209b, 432.209c, 432.212, 432.212a, 432.214, 432.218,
432.221, and 432.225), sections 2, 4, 5, 6, 8, 9, and 14 as amended and
sections 4a, 4c, 4d, 6a, 6c, 7a, 7c, 9a, 9b, 9c, 12a, 18, 21, and 25 as added
by 1997 PA 69 and section 12 as amended by 2004 PA 306; and to repeal acts and
parts of acts.
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,
Senator Hertel offered the following amendments:
1. Amend page 72, line 8, after “(1)” by striking
out the balance of the line through “a”
on line 9 and inserting “A”.
2. Amend page 78, line 11, after “state.” by striking out the balance of
the line through “licensee.” on line 19.
3. Amend page 78, line 21, after “fees” by inserting “that”.
4. Amend page 78, line 21, after “otherwise” by inserting “would be”.
5. Amend page 78, line 21, after “act” by inserting “on sports betting”.
6. Amend page 78, line 24, after “act.” by striking out the balance of
the line through “act.” on line 29.
7. Amend page 79, line 1, after “(3).” by striking out the balance of
the line through “licensee.” on line
4.
8. Amend page 79, line 11, after “by” by striking out “an authorized participant” and
inserting “a person authorized by law to
participate in sports betting”.
9. Amend page 79, line 15, after the first “to” by striking out “an authorized participant” and
inserting “a person authorized by law to
participate in sports betting”.
10. Amend page 79, line 24, after “by” by striking out “authorized participants” and inserting “persons authorized by law to participate in
sports betting”.
11. Amend page 79, line 28, after the second “the” by striking out the balance of the
line through “is” on line 29 and
inserting “taxes otherwise provided for
under subsections (1) to (14), not to exceed 19%, are”.
12. Amend page 80, following line 21, by inserting:
“(20)
This section does not impair the contractual rights under an existing
development agreement between a city and a casino licensee.” and by
renumbering the remaining subsection.
The amendments were adopted, a majority
of the members serving voting therefor.
The
question being on the passage of the bill,
The bill was passed, 3/4 of the members serving voting therefor, as
follows:
Roll Call
No. 361 Yeas—34
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McCann Shirkey
Bayer Hollier McMorrow Stamas
Bizon Horn Moss Theis
Brinks Irwin Nesbitt VanderWall
Bullock LaSata Outman Wojno
Bumstead Lauwers Polehanki Zorn
Chang Lucido
Nays—4
Johnson McBroom Runestad Victory
Excused—0
Not
Voting—0
In
The Chair: Nesbitt
Senator MacGregor moved that the Senate
proceed to consideration of the following bills:
Senate Bill No. 248
Senate Bill No. 254
House Bill No. 4031
House Bill No. 4032
House Bill No. 4091
Senate Bill No. 132
Senate Bill No. 435
Senate Bill No. 585
House Bill No. 4349
House Bill No. 4570
House Bill No. 4572
House Bill No. 4611
Senate Bill No. 650
Senate Bill No. 651
The motion prevailed.
The following bill was read a third
time:
Senate Bill No. 248, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16226 and 17754 (MCL 333.16226 and
333.17754), section 16226 as amended by 2018 PA 463 and section 17754 as
amended by 2014 PA 525.
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. 362 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 254, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 7333 and 16221 (MCL 333.7333 and 333.16221),
section 7333 as amended by 2018 PA 34 and section 16221 as amended by 2018 PA
463.
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. 363 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 4031, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 13 of chapter II and
sections 1 and 3c of chapter XI (MCL 762.13, 771.1, and 771.3c), section 13 of
chapter II as amended by 2015 PA 33, section 1 of chapter XI as amended by 2006
PA 631, and section 3c of chapter XI as amended by 2002 PA 483.
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. 364 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: Nesbitt
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the
laws relating to criminal procedure and to define the jurisdiction, powers, and
duties of courts, judges, and other officers of the court under the provisions
of this act; to provide laws relative to the rights of persons accused of
criminal offenses and ordinance violations; to provide for the arrest of
persons charged with or suspected of criminal offenses and ordinance
violations; to provide for bail of persons arrested for or accused of criminal
offenses and ordinance violations; to provide for the examination of persons
accused of criminal offenses; to regulate the procedure relative to grand juries,
indictments, informations, and proceedings before trial; to provide for trials
of persons complained of or indicted for criminal offenses and ordinance
violations and to provide for the procedure in those trials; to provide for
judgments and sentences of persons convicted of criminal offenses and ordinance
violations; to establish a sentencing commission and to prescribe its powers
and duties; to provide for procedure relating to new trials and appeals in
criminal and ordinance violation cases; to provide a uniform system of
probation throughout this state and the appointment of probation officers; to
prescribe the powers, duties, and compensation of probation officers; to
provide penalties for the violation of the duties of probation officers; to
provide for procedure governing proceedings to prevent crime and proceedings
for the discovery of crime; to provide for fees of officers, witnesses, and
others in criminal and ordinance violation cases; to set forth miscellaneous
provisions as to criminal procedure in certain cases; to provide penalties for
the violation of certain provisions of this act; and to repeal all acts and
parts of acts inconsistent with or contravening any of the provisions of this
act,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4032, entitled
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” by amending sections 25a, 36a, and 85 (MCL 791.225a, 791.236a,
and 791.285), sections 25a and 36a as amended by 2002 PA 502 and section 85 as
added by 2006 PA 172.
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. 365 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: Nesbitt
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the
laws relating to probationers and probation officers, to pardons, reprieves, commutations,
and paroles, to the administration of correctional institutions, correctional
farms, and probation recovery camps, to prisoner labor and correctional
industries, and to the supervision and inspection of local jails and houses of
correction; to provide for the siting of correctional facilities; to create a
state department of corrections, and to prescribe its powers and duties; to
provide for the transfer to and vesting in said department of powers and duties
vested by law in certain other state boards, commissions, and officers, and to
abolish certain boards, commissions, and offices the powers and duties of which
are transferred by this act; to allow for the operation of certain facilities
by private entities; to prescribe the powers and duties of certain other state
departments and agencies; to provide for the creation of a local lockup
advisory board; to provide for a lifetime electronic monitoring program; to
prescribe penalties for the violation of the provisions of this act; to make
certain appropriations; to repeal certain parts of this act on specific dates;
and to repeal all acts and parts of acts inconsistent with the provisions of
this act,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4091, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood
enterprise zone act,” by amending section 8 (MCL 207.778), as amended by 2005
PA 339.
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. 366 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: Nesbitt
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for the development and
rehabilitation of residential housing; to provide for the creation of
neighborhood enterprise zones; to provide for obtaining neighborhood enterprise
zone certificates for a period of time and to prescribe the contents of the
certificates; to provide for the exemption of certain taxes; to provide for the
levy and collection of a specific tax on the owner of certain facilities; and
to prescribe the powers and duties of certain officers of the state and local
governmental units,”.
The Senate agreed to the full title.
The following bill was read a third
time:
Senate Bill No. 132, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” by amending sections 12 and 48 (MCL 250.1012 and
250.1048), and by adding section 1085.
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. 367 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 435, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1075a.
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. 368 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 585, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” by amending sections 11 and 14 (MCL 250.1011 and
250.1014), and by adding section 14a.
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. 369 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: Nesbitt
The Senate agreed to the title of the
bill.
The Assistant President pro tempore,
Senator Theis, resumed the Chair.
The following bill was read a third
time:
House Bill No. 4349, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 42b.
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. 370 Yeas—37
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Alexander
Excused—0
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 consolidate prior acts naming
certain Michigan highways; to provide for the naming of certain highways; to
prescribe certain duties of the state transportation department; and to repeal
acts and parts of acts and certain resolutions,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4570, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” by amending section 32 (MCL 250.1032).
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. 371 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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 consolidate prior acts naming
certain Michigan highways; to provide for the naming of certain highways; to
prescribe certain duties of the state transportation department; and to repeal
acts and parts of acts and certain resolutions,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4572, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1091.
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. 372 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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 consolidate prior acts naming
certain Michigan highways; to provide for the naming of certain highways; to
prescribe certain duties of the state transportation department; and to repeal
acts and parts of acts and certain resolutions,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4611, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1089.
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. 373 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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 consolidate prior acts naming certain Michigan highways; to
provide for the naming of certain highways; to prescribe certain duties of the
state transportation department; and to repeal acts and parts of acts and
certain resolutions,”.
The Senate agreed to the full title.
The following bill was read a third
time:
Senate Bill No. 650, entitled
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
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. 374 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 651, entitled
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
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. 375 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: Theis
The Senate agreed to the title of the
bill.
By unanimous consent the Senate
proceeded to the order of
Resolutions
House Concurrent
Resolution No. 10.
A
concurrent resolution to approve the State Officers Compensation Commission
determinations.
Whereas,
Pursuant to the provisions of Article IV, Section 12 of the Constitution of the State of Michigan of
1963, the State Officers Compensation Commission is responsible for making
determinations regarding the salaries and expense allowances of the members of
the Legislature, the Governor, the Lieutenant Governor, the Attorney General,
the Secretary of State, and the Justices of the Supreme Court; and
Whereas,
The State Officers Compensation Commission met on April 16, 2019, and May 30,
2019, to determine the salaries and expense allowances for the members of the
Legislature, the Governor, the Lieutenant Governor, the Attorney General, the
Secretary of State, and the Justices of the Supreme Court; and
Whereas,
The State Officers Compensation Commission has concluded its proceedings and on
May 30, 2019, made its determinations that the Justices of the Supreme Court
should receive a 5 percent salary increase in both 2021 and 2022. The
commission recommended that salaries and expense allowances for the members of
the Legislature, the Governor, the Lieutenant Governor, the Attorney General,
and the Secretary of State should not be changed; and
Whereas,
On May 30, 2019, the Legislature received the determinations of the State
Officers Compensation Commission; and
Whereas,
The determinations of the State Officers Compensation Commission shall be the
salaries and expense allowances only if the Legislature approves them by
concurrent resolution adopted by a majority of the members elected to and
serving in each house. If the salary and expense determinations are approved,
the salary and expense determinations shall become effective for the
legislative session immediately following the next general election, which will
commence January 1, 2021; now, therefore, be it
Resolved
by the House of Representatives (the Senate concurring), That, pursuant to
Article IV, Section 12 of the Constitution
of the State of Michigan of 1963 and MCL 15.217, we hereby approve the
determinations of the State Officers Compensation Commission that the Justices
of the Supreme Court receive a 5 percent salary increase in both 2021 and 2022,
and the salaries and expense allowances for the members of the Legislature, the
Governor, the Lieutenant Governor, the Attorney General, and the Secretary of
State not be changed; and be it further
Resolved,
That copies of this resolution be transmitted to the State Court Administrator
and the Director of the Department of Technology, Management and Budget.
The
House of Representatives has adopted the concurrent resolution.
Senator
MacGregor moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
The
question being on the adoption of the concurrent resolution,
Senator
MacGregor moved that the concurrent resolution 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 2:12 p.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
The
motion prevailed, and the Assistant President pro tempore, Senator Theis,
designated Senator Lauwers as Chairperson.
After
some time spent therein, the Committee arose; and the Assistant President pro
tempore, Senator Theis, having resumed the Chair, the Committee reported
back to the Senate, favorably and with a substitute therefor, the following
bill:
Senate Bill No. 661, entitled
A bill
to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections
2, 6a, 8, 9, and 22 (MCL 431.302, 431.306a, 431.308, 431.309, and 431.322),
sections 2, 8, 9, and 22 as amended and section 6a as added by 2016 PA 271, and
by adding sections 19d and 20a; and to repeal acts and parts of acts.
Substitute
(S-1)
Senate Bill No. 661
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. 661
The motion prevailed.
The following bill was read a third
time:
Senate Bill No. 661, entitled
A bill to amend 1995 PA 279, entitled “Horse
racing law of 1995,” by amending sections 2, 6a, 8, 9, and 22 (MCL 431.302,
431.306a, 431.308, 431.309, and 431.322), sections 2, 8, 9, and 22 as amended
and section 6a as added by 2016 PA 271, and by adding sections 19d and 20a; and
to repeal acts and parts of acts.
The
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. 376 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: Theis
The Senate agreed to the title of the
bill.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 2:38 p.m.
The
Senate was called to order by the Assistant President pro tempore, Senator
Theis.
Senator
MacGregor moved that the Senate recess until 3:45 p.m.
The
motion prevailed, the time being 3:18 p.m.
By unanimous consent the Senate
returned to the order of
Motions and Communications
The following communication was
received and read:
Office
of the Auditor General
December 10, 2019
Enclosed is a copy of the
following report:
• Performance
audit report on Michigan’s Public Safety Communications System, Department of
Technology, Management, and Budget (071-0147-18).
Sincerely,
Doug
Ringler
Auditor
General
The audit report was referred to
the Committee on Oversight.
The following communication was
received:
Office
of Senator Stephanie Chang
December 11, 2019
Per Senate Rule 1.110(c) I am
requesting that my name be added as a co-sponsor to Senate Bill 582 which was
introduced on October 15, 2019 and was referred to the Senate Committee on
Environmental Quality.
Sincerely,
Stephanie
Chang
State
Senator, District 1
The communication was referred to
the Secretary for record.
The following communication was
received:
Office
of Senator Curtis S. VanderWall
December 11, 2019
Per Senate Rule 1.110(c) I am
requesting that my name be added as a co-sponsor to Senate Bill 583 which was
introduced on October 15, 2019 and was referred to the Senate Committee on
Environmental Quality.
Sincerely,
Senator
Curtis VanderWall
District
35
The communication was referred to
the Secretary for record.
The
following messages from the Governor were received and read:
December
11, 2019
I
respectfully submit to the Senate the following appointments to office pursuant
to Public Act 232 of 1965, MCL 290.657:
Michigan Blueberry Commission
Mr.
Robert C. Bodtke of 08896 68th Street, South Haven, Michigan 49090, county of
Van Buren, succeeding Steven Hunt whose term expires December 31, 2019,
appointed to represent District 2 growers, for a term commencing January 1,
2020 and expiring December 31, 2022.
Mrs.
Creela O. Hamlin of 846 64th Street, South Haven, Michigan 49090, county of
Allegan, reappointed to represent at-large growers, for a term commencing
January 1, 2020 and expiring December 31, 2022.
Mrs.
Carly Jo Parsley of 9 40th Street, Bloomingdale, Michigan 49026, county of
Allegan, succeeding James Sumners whose term expires December 31, 2019,
appointed to represent District 2 growers, for a term commencing January 1,
2020 and expiring December 31, 2022.
December
11, 2019
I
respectfully submit to the Senate the following appointments to office pursuant
to Public Act 407 of 2016, MCL 339.5305 and 339.5805:
Board of Mechanical Rules
Mr.
Thomas B. Halligan of 940 South Leroy Street, P.O. Box 33, Fenton, Michigan
48430, county of Genesee, succeeding Robert Fosburg whose term has expired,
appointed to represent hydronic heating and cooling process piping, for a term
commencing December 11, 2019 and expiring July 30, 2023.
Ms.
Michelle Hanlon of 21545 Power Road, Farmington Hills, Michigan 48336, county
of Oakland, succeeding Catherine Gay whose term has expired, appointed to
represent energy producing utilities, for a term commencing December 11, 2019
and expiring July 30, 2023.
Mr.
Jason L. Finch of 7900 W. Baseline Road, Fremont, Michigan 49412, county of
Newaygo, succeeding Christopher Freeman whose term has expired, appointed to
represent the general public, for a term commencing December 11, 2019 and expiring
July 30, 2023.
December
11, 2019
I
respectfully submit to the Senate the following appointments to office pursuant
to Public Act 368 of 1978, MCL 333.16121 and 333.18221:
Michigan Board of Psychology
Dr.
Frances R. Brown of 32490 Sheridan Drive, Beverly Hills, Michigan 48025, county
of Oakland, succeeding Valencia Agnew whose term expires December 31, 2019,
appointed to represent psychologists, for a term commencing January 1, 2020 and
expiring December 31, 2023.
Dr.
Byron C. Douglas of 8553 Windsor Court, Ypsilanti, Michigan 48198, county of
Washtenaw, succeeding Eric Ozkan whose term expires December 31, 2019,
appointed to represent psychologists, for a term commencing January 1, 2020 and
expiring December 31, 2023.
Dr.
Gary W. Harper of 223 E. Ann Street, Apt. 10, Ann Arbor, Michigan 48104, county
of Washtenaw, succeeding Michael Connelly whose term expires December 31, 2019,
appointed to represent the general public, for a term commencing January 1,
2020 and expiring December 31, 2023.
Ms.
Para D. Knight of 29658 Pine Ridge Circle, Farmington Hills, Michigan 48331,
county of Oakland, succeeding Sarah Eckenwiler who has resigned, appointed to
represent the general public, for a term commencing December 11, 2019 and
expiring December 31, 2021.
Dr. Charmeka
Whitehead-Newton of 6940 Cornerstone Drive, S.E., Caledonia, Michigan 49316,
county of Kent, succeeding Valerie Shebroe whose term expires December 31,
2019, appointed to represent psychologists, for a term commencing January 1,
2020 and expiring December 31, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The
appointments were referred to the Committee on Advice and Consent.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 3:48 p.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
By unanimous consent the Senate
proceeded to the order of
Statements
Senator Hollier asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion
prevailed.
Senator Hollier’s statement is as follows:
There are only two bills that I wanted to speak to while I was gone—Senate Bill No. 297 and Senate Bill No. 117. I just wanted to say that I would have voted in the affirmative and I really appreciate my colleagues for advancing these bills. They work to ensure greater access to individuals who are on military service in allowing them to vote. As someone who was away on military duty during the election, it’s critically important that we have legislation that further allows individuals on active duty to participate in our elections when it can be particularly difficult for those who are overseas or just on duty in routine training environments.
Senate Bill No. 47
Senator
Hollier stated that had he been present on Tuesday, October 29 when the votes
were taken on the passage of the following bills, he would have voted “yea”:
House Bill No. 4069
House Bill No. 4465
Senate Bill No. 527
House Bill No. 4485
House Bill No. 4731
Senator
Hollier stated that had he been present on Wednesday, October 30 when the votes
were taken on the passage of the following bills, he would have voted “yea”:
Senate Bill No. 117
Senate Bill No. 297
House Bill No. 4412
Senator
Hollier stated that had he been present on Tuesday, November 5 when the votes
were taken on the passage of the following bills, he would have voted “yea”:
House Bill No. 4209
House Bill No. 4408
Senate Bill No. 172
Senator
Hollier stated that had he been present on Wednesday, November 6 when the votes
were taken on the passage of the following bills, he would have voted “yea”:
House Bill No. 4959
House Bill No. 4960
House Bill No. 4961
Senator
Hollier stated that had he been present on Thursday, November 7 when the vote
was taken on concurring in the House amendment to the following bill, he would
have voted “yea”:
Senate Bill No. 174
Senator
Hollier stated that had he been present on Thursday, November 7 when the votes
were taken on the passage of the following bills, he would have voted “yea”:
Senate Bill No. 415
House Bill No. 4044
House Bill No. 4226
House Bill No. 4120
Senator
Hollier stated that had he been present on Wednesday, November 13 when the
votes were taken on the passage of the following bills, he would have voted “yea”:
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
Senator
Hollier stated that had he been present on Wednesday, November 13 when the vote
was taken on the amendments offered by Senator Hertel to the following bill, he
would have voted “yea”:
House Bill No. 4306
Senator
Hollier stated that had he been present on Wednesday, November 13 when the vote
was taken on the amendment offered by Senator Polehanki to the following bill,
he would have voted “yea”:
Senate Bill No. 349
Senator
Hollier stated that had he been present on Wednesday, November 13 when the vote
was taken on the passage of the following bill, he would have voted “nay”:
House Bill No. 4687
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 4:37 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
Resolutions
Senate Concurrent Resolution No. 17
The motion prevailed, a majority of the
members serving voting therefor.
Senator MacGregor offered the following
concurrent resolution:
Senate Concurrent Resolution No. 17.
A
concurrent resolution prescribing the legislative schedule.
Resolved
by the Senate (the House of Representatives concurring), That when the
Legislature adjourns on Wednesday, December 11, 2019, it stands adjourned until
Thursday, December 19, 2019, at 11:30 a.m. for the Senate and at 11:30 a.m. for
the House of Representatives; and be it further
Resolved,
That when the Legislature adjourns on Thursday, December 19, 2019, it stands
adjourned without day.
The question being on the adoption of
the concurrent resolution,
The concurrent resolution was adopted.
Committee Reports
The Committee on Agriculture reported
Senate
Bill No. 661, entitled
A bill
to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections
2, 6a, 8, 9, and 22 (MCL 431.302, 431.306a, 431.308, 431.309, and 431.322),
sections 2, 8, 9, and 22 as amended and section 6a as added by 2016 PA 271, and
by adding sections 19d and 20a; and to repeal acts and parts of acts.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Kevin
Daley
Chairperson
To
Report Out:
Yeas:
Senators Daley, Victory, Lauwers, Ananich and Polehanki
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Agriculture reported
House
Bill No. 4310, entitled
A bill
to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections
8, 17, 20, and 22 (MCL 431.308, 431.317, 431.320, and 431.322), as amended by
2016 PA 271.
With
the recommendation that the substitute (S-3) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Kevin
Daley
Chairperson
To
Report Out:
Yeas:
Senators Daley, Victory, Lauwers and Ananich
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Agriculture submitted the following:
Meeting
held on Tuesday, December 10, 2019, at 8:30 a.m., Room 1100, Binsfeld Office
Building
Present:
Senators Daley (C), Victory, Lauwers, Ananich and Polehanki
The
Committee on Education and Career Readiness reported
Senate
Bill No. 650, entitled
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.
With
the recommendation that the substitute (S-1) 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, Horn, Bumstead, Runestad, Daley and Polehanki
Nays:
None
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. 651, entitled
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.
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, Horn, Bumstead, Runestad, Daley and Polehanki
Nays:
None
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 10, 2019, at 8:30 a.m., Room 1300, Binsfeld Office
Building
Present:
Senators Theis (C), Horn, Bumstead, Runestad, Daley and Polehanki
Excused:
Senator Geiss
The
Committee on Regulatory Reform reported
House
Bill No. 4173, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman
bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13,
14, 15, 16, 18, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a,
432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115,
432.116, 432.118, and 432.119), sections 2 and 9 as amended by 2008 PA 401,
sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and
11b as amended by 2006 PA 427, sections 4, 13, 14, 15, 16, and 18 as amended by
1999 PA 108, and section 19 as amended by 1995 PA 263, by designating sections
1 to 20 as article 1, and by adding article 2; and to repeal acts and parts of
acts.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4308, entitled
A bill
to regulate the conduct of fantasy contests; to protect Michigan participants
in fantasy contests; to require licensing of the operators of fantasy contests;
to impose fees on the operators of fantasy contests; to provide for the powers
and duties of certain state governmental officers and entities; to prohibit
violations of this act; to prescribe civil sanctions; and to prescribe
penalties.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4309, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 14d of chapter XVII (MCL 777.14d), as amended by 2016 PA 272.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4311, entitled
A bill
to create the lawful internet gaming act; to require licensure for persons to
offer internet gaming; to impose requirements for internet gaming; to provide
for the powers and duties of the Michigan gaming control board and other state
and local officers and entities; to impose fees; to impose tax and other
payment obligations on the conduct of licensed internet gaming; to create the
internet gaming fund; to prohibit certain acts in relation to internet gaming
and to prescribe penalties for those violations; to require the promulgation of
rules; and to provide remedies.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4312, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 14d of chapter XVII (MCL 777.14d), as amended by 2016 PA 272.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4323, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to
750.568) by adding section 310d.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4335, entitled
A bill
to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1110
and 1205 (MCL 339.1110 and 339.1205), section 1110 as amended by 2014 PA 137
and section 1205 as amended by 1997 PA 97.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4689, entitled
A bill
to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and
educational interests of the people of the state of Michigan by regulating the
construction, reconstruction, and remodeling of certain public or private
school buildings or additions to such buildings, by regulating the
construction, reconstruction, and remodeling of buildings leased or acquired
for school purposes, and to define the class of buildings affected by this act;
to prescribe the powers and duties of certain state agencies and officials; to
prescribe penalties for the violation of this act; and to repeal acts and parts
of acts,” by amending the title and section 5a (MCL 388.855a), the title as
amended by 2002 PA 628 and section 5a as amended by 2006 PA 199, and by adding
section 1d.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4912, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 513 (MCL 436.1513), as amended by 2018 PA 479.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To Report
Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4916, entitled
A bill
to create the lawful sports betting act; to require licensing of persons to
engage in sports betting via the internet, including through mobile
applications; to impose requirements for such sports betting; to impose tax and
other payment obligations on the conduct of licensed sports betting; to create
the internet sports betting fund; to prohibit certain acts in relation to
sports betting and to prescribe penalties for those violations; to require the
promulgation of rules; and to provide remedies.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4917, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to
750.568) by adding section 310d.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 4918, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 14d of chapter XVII (MCL 777.14d), as amended by 2016 PA 272.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Government Operations reported
House
Bill No. 4095, entitled
A bill
to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending
section 102 (MCL 125.3102), as amended by 2008 PA 12.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Mike
Shirkey
Chairperson
To
Report Out:
Yeas:
Senators Shirkey, Lauwers and Nesbitt
Nays:
Senator Chang
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Government Operations submitted the following:
Meeting
held on Tuesday, December 10, 2019, at 2:00 p.m., Rooms 402/403, Capitol
Building
Present:
Senators Shirkey (C), Lauwers, Nesbitt, Ananich and Chang
Announcements of Printing and
Enrollment
The
Secretary announced that the following House bills were received in the Senate
and filed on Tuesday, December 10:
House
Bill Nos. 4449 4700 5103 5124
The
Secretary announced that the following bills and resolution were printed and
filed on Tuesday, December 10, and are available on the Michigan Legislature
website:
Senate
Bill Nos. 686 687 688
Senate
Resolution No. 90
House
Bill Nos. 5287 5288 5289 5290 5291 5292 5293 5294
Appropriations -
Subcommittee
-
Licensing
and Regulatory Affairs (LARA)/Department of Insurance and Financial Services
(DIFS) - Thursday,
December 12, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Economic and Small Business Development
- Thursday,
December 12, 11:30 a.m., Room 1200, Binsfeld Office Building (517) 373-1721
(CANCELED)
Senator MacGregor moved that the Senate
adjourn.
The
motion prevailed, the time being 4:52 p.m.
Pursuant
to Senate Concurrent Resolution No. 17, the Assistant President pro tempore,
Senator Theis, declared the Senate adjourned until Thursday, December 19, 2019,
at 11:30 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate