STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, January
29, 2020.
10:00 a.m.
The Senate was called to order by the
President pro tempore, Senator Aric Nesbitt.
The roll
was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—excused
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Chaplain Lloyd Scharer of the Department of
Corrections offered the following invocation:
Almighty God, Creator and sustainer of heaven
and earth, Giver of time, talents, and treasure, hear our prayer.
We come humbly before You this day and pray
for Your presence and to ask for Your special blessing on this sacred assembly.
Give them grace to do justly, love mercy, and walk humbly before You in their
service. We are thankful for their dedication to public service. We are
grateful for the unique voices that they bring to the legislative process—voices
that speak from their talents, life experiences, and unique perspectives. As
well, we give thanks for the constituency which they serve—many different
voices that make up Your great creative mosaic.
For the Senators and staff of this body called
to govern we pray, grant to them the vision to pursue harmony where there is
disharmony; provide in them compassion—to see all people as Your creation with
value, dignity, and purpose—and discernment in the midst of deception and
discord. Grant to them courage so as to govern courageously and lead without equivocation.
Extend in them strength of character—to be known as men and women of integrity.
Proverbs says, “A good name is more desirable than great riches; to be esteemed
is better than silver or gold.” Fill their hearts with gratitude and humility
for the privilege of such an important position. Keep their hearts from being
prideful. Give them the ability to keep a sense of humor—in this position that
at times might endeavor to steal such—and we pray that they would have the
insight to daily seek Your voice for the wisdom and guidance that You have so
graciously promised to all those who ask.
We ask our prayer in the name above all
names—holy and awesome—full of love, mercy, and grace - and according to Your
most perfect will. Amen
The President pro
tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator
Chang moved that Senator Ananich be temporarily excused from today's session.
The motion prevailed.
Senator
MacGregor moved that Senator Victory be excused from today's session.
The motion prevailed.
The
following communication was received:
Office of Senator Curtis Hertel Jr.
January 28, 2020
I am writing to request my addition in co-sponsorship of Senate Bill 49,
sponsored by Senator Bayer.
Please feel free to contact me if you need any further information.
Sincerely,
Curtis
Hertel Jr.
State
Senator
District
23
The communication was referred to the Secretary for record.
By
unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bills:
House
Bill No. 4126
House
Bill No. 4127
Senate
Bill No. 711
The motion prevailed.
The
following bill was read a third time:
House Bill No. 4126, entitled
A bill to amend 2018 IL 1, entitled “Michigan
Regulation and Taxation of Marihuana Act,” by amending section 8 (MCL
333.27958).
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.
29 Yeas—34
Alexander Geiss MacDonald Runestad
Barrett Hertel MacGregor Santana
Bayer Hollier McBroom Schmidt
Bizon Horn McCann Shirkey
Brinks Irwin McMorrow Stamas
Bullock Johnson Moss Theis
Bumstead LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Daley Lucido
Nays—2
Nesbitt VanderWall
Excused—2
Ananich Victory
Not
Voting—0
In The Chair:
Nesbitt
Senator
Ananich entered the Senate Chamber.
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 initiation of legislation to allow under
state law the personal possession and use of marihuana by persons 21 years of
age or older; to provide for the lawful cultivation and sale of marihuana and
industrial hemp by persons 21 years of age or older; to permit the taxation of
revenue derived from commercial marihuana facilities; to permit the
promulgation of administrative rules; and to prescribe certain penalties for
violations of this act. If not enacted by the Michigan State Legislature in
accordance with the Michigan Constitution of 1963, the proposed legislation is
to be voted on at the General Election, November 6, 2018,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4127, entitled
A bill to amend 2016 PA 281, entitled “Medical
marihuana facilities licensing act,” by amending section 206 (MCL
333.27206), as amended by 2018 PA 648.
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.
30 Yeas—35
Alexander Daley Lucido Runestad
Ananich Geiss MacDonald Santana
Barrett Hertel MacGregor Schmidt
Bayer Hollier McBroom Shirkey
Bizon Horn McCann Stamas
Brinks Irwin McMorrow Theis
Bullock Johnson Moss Wojno
Bumstead LaSata Outman Zorn
Chang Lauwers Polehanki
Nays—2
Nesbitt VanderWall
Excused—1
Victory
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 medical
marihuana growers, processors, provisioning centers, secure transporters, and
safety compliance facilities; to allow certain licensees to process, test, or
sell industrial hemp; to provide for the powers and duties of certain state and
local governmental officers and entities; to create a medical marihuana
licensing board; to provide for interaction with the statewide monitoring
system for commercial marihuana transactions; to create an advisory panel; to
provide immunity from prosecution for marihuana-related offenses for persons
engaging in certain activities in compliance with this act; to prescribe civil
fines and sanctions and provide remedies; to provide for forfeiture of
contraband; to provide for taxes, fees, and assessments; and to require the
promulgation of rules”.
The Senate agreed to the full title.
The
following bill was read a third time:
Senate Bill No. 711, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 109 (MCL 436.1109), as
amended by 2018 PA 409, and by adding section 504.
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.
31 Yeas—37
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Daley
Nays—0
Excused—1
Victory
Not
Voting—0
In The Chair: Nesbitt
The
Senate agreed to the title of the bill.
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senate Concurrent Resolution No. 20.
A concurrent resolution providing for a joint
convention of the Senate and House of Representatives.
(For text of resolution, see Senate Journal
No. 9, p. 106.)
The House of Representatives has adopted the
concurrent resolution.
The concurrent resolution was referred to the
Secretary for record.
Introduction and Referral of Bills
A bill to amend 1939 PA 288, entitled "Probate
code of 1939," by amending section 18e of chapter XIIA (MCL 712A.18e), as
amended by 2018 PA 142.
The bill was read a first and second time by title and
referred to the Committee on Judiciary and Public Safety.
Senator VanderWall introduced
A bill to amend 1978 PA 368, entitled "Public
health code," by amending sections 7521a and 7523a (MCL 333.7521a and
333.7523a), section 7521a as added by 2019 PA 7 and section 7523a as added by
2019 PA 8.
The bill was read a first and second time by title and
referred to the Committee on Judiciary and Public Safety.
Senator Horn introduced
A bill to amend 1951 PA 33, entitled "An act to
provide police and fire protection for townships and for certain areas in
townships, certain incorporated villages, and certain cities; to authorize
contracting for fire and police protection; to authorize the purchase of fire
and police equipment, and the maintenance and operation of the equipment; to
provide for defraying the cost of the equipment; to authorize the creation of special
assessment districts and the levying and collecting of special assessments; to
authorize the issuance of special assessment bonds in anticipation of the
collection of special assessments and the advancement of the amount necessary
to pay such bonds, and to provide for reimbursement for such advances by
reassessment if necessary; to authorize the collection of fees for certain
emergency services in townships and other municipalities; to authorize the
creation of administrative boards and to prescribe their powers and duties; to
provide for the appointment of traffic officers and to prescribe their powers
and duties; and to repeal acts and parts of acts," by amending section 10
(MCL 41.810), as amended by 2004 PA 463.
The bill was read a first and second time by title and
referred to the Committee on Local Government.
Statements
The motion prevailed, a majority of the
members serving voting therefor.
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
until 6:00 p.m.
The motion prevailed, the time being 10:17
a.m.
Recess
Senator MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 6:01 p.m.
The Senate was called to order by the
President, Lieutenant Governor Gilchrist.
Joint Convention
The Sergeant at Arms announced a committee
from the House of Representatives, Representatives Calley, Leutheuser, Sowerby,
and Pohutsky, who reported that the House was ready to meet with the Senate in
Joint Convention.
The President, Lieutenant Governor Gilchrist,
announced that the hour had arrived for the meeting of the two houses in Joint
Convention.
Senator MacGregor moved that the Senate recess
for the purpose of proceeding to the Hall of the House of Representatives for
Joint Convention.
The motion prevailed, the time being 6:15 p.m.
(For proceedings in Joint Convention, see
House Journal No. 10, p. 142.)
The Senate reconvened at the expiration of the
recess at 7:46 p.m. and pursuant to rule 1.101, in the absence of the Presiding
Officers, was called to order by the Secretary of the Senate.
The Secretary of the Senate announced that the
Senate had attended the Joint Convention in the Hall of the House of
Representatives and had received the State of the State message by Governor
Whitmer.
Announcements
of Printing and Enrollment
The Secretary announced that the following bills
and resolution were printed and filed on Tuesday, January 28, and are
available on the Michigan Legislature website:
Senate Bill Nos. 756 757 758 759
Senate Concurrent Resolution No. 20
House Bill Nos. 5411 5412 5413 5414 5415 5416 5417 5418 5419 5420 5421 5422 5423 5424 5425
Committee Reports
The Committee on Energy and Technology reported
House Bill No. 5263, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 316 (MCL 484.2316), as amended by 2011 PA 58.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dan Lauwers
Chairperson
To Report Out:
Yeas: Senators Lauwers, Horn, LaSata, Nesbitt, Barrett, Bumstead, Outman, McCann and McMorrow
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, January 28, 2020, at 2:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt, Barrett, Bumstead, Outman, McCann, Brinks and McMorrow
COMMITTEE ATTENDANCE REPORT
The Committee on Oversight submitted the
following:
Meeting held on Tuesday, January 28, 2020, at
2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Lucido, Theis,
MacDonald and Irwin
Scheduled Meetings
Advice and Consent - Thursday,
January 30, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373‑5312
Appropriations
-
Subcommittees -
Agriculture and Rural Development - Thursday, February 20, 3:00 p.m., Room 1300,
Binsfeld Office Building (517) 373-2768
Community Health/Human Services - Wednesday, February 5, 12:30 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Justice and Public Safety - Thursdays, February 13, February 20 and
February 27, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Labor and Economic Opportunity/MEDC - Tuesdays, February 11, February 18, February
25 and March 3, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Health Policy and Human Services - Thursday, January 30, 1:00 p.m., Room 1100, Binsfeld
Office Building (517) 373-5323
Judiciary and Public Safety - Thursday,
January 30, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 7:47 p.m.
The Secretary of the Senate declared the
Senate adjourned until Thursday, January 30, 2020, at 10:00 a.m.
MARGARET O'BRIEN
Secretary of the Senate