No. 22

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Thursday, February 27, 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—excused                           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 Stacey Wilder of Calvary Bible Church of Dowagiac offered the following invocation:

Dear Heavenly Father, Creator of heaven and earth. Thank You for Your mercy and grace. Thank You for sending Your Son, Jesus Christ, to redeem this lost world from sin. Thank You for Your abundant provisions for our great nation that was founded in freedom and liberty. Thank You for the great state of Michigan which You have richly blessed with natural resources and abundant beauty.

On this day we ask that You give wisdom from above and withhold it not from those who ask for it. May the servant leaders of this chamber strive to be statesmen and stateswomen who are granted wisdom and understanding from God. May we be reminded that we are all created in Your image, and it is wise to treat God’s image—His creation—with respect and honor despite our differences.

Lord, may this chamber have servant leaders who put that which is good, honorable, and just first and foremost. Lord, we ask that You give these men and women the strength and courage to make correct and sometimes difficult choices for the people of Michigan.

May we remember that Your word says that we are to serve one another. Lord, these men and women have chosen to be servant leaders in Michigan for that we are thankful. I ask that You bless them for their labors. I ask that You bless the sacrifices of their time, talents, and even treasures. Lord, I ask that their families be blessed and encouraged this day and in the days ahead.

Lord, we are grateful for these servant leaders. Please bless them as they serve You, because ultimately You raise up whom You will and put down whom You will. In Your word, You said, “He hath shewed thee, O man, what is good; and what doth the LORD require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?”

In the name of Jesus Christ, the Creator of heaven and earth, the Redeemer of the world, the risen Savior, Amen.

 

The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

 

The following communication was received and read:

Office of the Auditor General

February 25, 2020

Enclosed is a copy of the following report:

    Follow-up report on the performance audit of Claimant Services, Unemployment Insurance Agency, Department of Labor and Economic Opportunity (641-0318-14F).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

 

Senator MacGregor moved that the rules be suspended and that the following appointment, now on Committee Reports, be placed on the order of Messages from the Governor for consideration today:

Michigan Natural Resources Commission

Mr. George K. Heartwell III, of 8928 S. Parson Avenue, Newaygo, Michigan 49337, county of Newaygo, appointed for a term commencing February 7, 2020 and expiring December 31, 2023.

(This appointment was reported by the Committee on Advice and Consent on Wednesday, February 26. See p. 292.)

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.

10:27 a.m.

 

 

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

 

During the recess, Senator Geiss entered the Senate Chamber.

 

 

Messages from the Governor

 

 

Michigan Natural Resources Commission

Mr. George K. Heartwell III, of 8928 S. Parson Avenue, Newaygo, Michigan 49337, county of Newaygo, appointed for a term commencing February 7, 2020 and expiring December 31, 2023.

The question being on the disapproval of the said appointment to office,

The Senate disapproved of the appointment to office, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 88                                             Yeas—20

 

 

Barrett                               Lauwers                  Nesbitt                                   Stamas

Bizon                                Lucido                     Outman                                  Theis

Daley                                MacDonald              Runestad                                VanderWall

Horn                                 MacGregor              Schmidt                                 Victory

LaSata                               McBroom                Shirkey                                  Zorn

 

 

                                                                     Nays—17

 

 

Alexander                          Bumstead                Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

Bullock                                                                                                          

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

Protests

 

 

Senators Hertel, Hollier, Bayer, Moss, Polehanki, Geiss, Alexander, Bullock, McMorrow, Wojno, Brinks and McCann, under their constitutional right of protest (Art. 4, Sec. 18), protested against the disapproval of the gubernatorial appointment.

Senator Hertel moved that the statement he made during the discussion of the appointment be printed as his reasons for voting “no.”

The motion prevailed.

Senator Hertel’s statement, in which Senators Hollier, Bayer, Moss, Polehanki, Geiss, Alexander, Bullock, McMorrow, Wojno, Brinks and McCann concurred, is as follows:

I rise to give my “no” vote explanation on the rejection—or disapproval—of the appointment of George Heartwell.

Colleagues, I tried yesterday in committee to describe the broken process that we’ve went through over the last two weeks. When I’m speaking today, I’m going to ask for a little bit of leniency from the Chair. I promise that I am trying to speak to this appointment, but I think there are examples that are needed to compare the two and I would ask for some leniency; I understand I may not get it, but I will be asking for it.

This body has every right to reject appointments. That is your right as a Senator. Historically, as I read from Ken Sikkema yesterday and looking back at the history of the Senate, these rejections have been based on qualifications—real discussions about whether a person was qualified or not for the position that they were in—not policy, not politics, strictly on the basis of qualifications. The rejection last week and this rejection reflect a shift in that process, a process not based on an individual’s qualifications but rather based on politics and, in some cases, political deals. I have asked repeatedly on the floor, in committee, in private conversations for an explanation of these rejections; for someone to get up and explain what the other side is. I fully understand that the majority does not like to have their intentions besmirched, and I get that. Nobody would want to have people guess at why they take the positions they do. I would say, though, that if you refuse to get up to explain your own positions, if you refuse to get up and actually come up and defend yourselves, it does lead to people asking different questions. My best advice—and I try to give my best advice to my friends on the other side of the aisle all the time—would be to come up and explain your reasoning. Again, I challenged every member of the body to do that last week and unfortunately that didn’t happen.

I think the frustration with everyone on our side of the aisle and with many out in the public is the moving goalposts that I’ve seen with these two rejections. The first rejection didn’t really have a whole lot of arguments to be made, but certainly in the press there were discussions that the person wasn’t independent enough. Obviously I feel like that’s a bunch of malarkey but that’s not the point. No one could make the argument that George Heartwell is not independent. George is probably one of the most independent people who has ever been appointed by any Governor. He literally is an independent. He endorsed members of the Republican caucus when they ran for the Senate and members of the Democratic caucus for the Senate. I told the committee and I told George that nobody worked harder to prevent certain people from being here in the Senate this last election cycle than I did, and I don’t hold it against him. I actually think he picked a fine person to support, and I think that will be reflected in this vote today as well.

I think it’s unfortunate that outside influences have had so much effect in this process. I think it’s unfortunate that the long arm of the NRA comes all the way down into this body and gets to choose who’s on the Natural Resources Commission. I think that’s inappropriate. Again, that might be a reasoning, but someone has to get up and actually explain it. At the end of the day, I think that what we’re looking for is an independent voice. You’re looking for somebody who’s going to take issues, look at them, and do what they think is right. George certainly fits into that. It’s impossible to think that he isn’t. If an avid fisherman who’s been an independent voice in this state and an avid outdoorsman isn’t qualified for the NRC, then I don’t know where you’re going to find someone to actually approve at the end of the day. Again, I’m just going to ask somebody to get up and explain what’s the standard for rejecting.

At the end of the day, we have real problems to solve in this state. We’ve got to work together in order to solve them, but we’re not going to solve them by playing politics. We’re not going to solve them by backroom political deals. We’re not going to solve them by insulting the citizens who are willing to serve for free in this process. These are people who are willing to give of their time just because they love the state of Michigan. I hope we get to a better place and I hope we get to a better place where the history of this body and the history of this process will be respected. I think we’ve reached a place where that’s not the case today, and I think that’s sad.

 

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 bill:

Senate Bill No. 712

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 712, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 10 and 13 of chapter II and section 5 of chapter V (MCL 62.10, 62.13, and 65.5), section 13 of chapter II as amended by 2003 PA 305 and section 5 of chapter V as amended by 1998 PA 255.

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. 89                                             Yeas—28

 

 

Alexander                          Daley                       MacGregor                             Schmidt

Ananich                            Hertel                      McBroom                              Shirkey

Barrett                               Horn                        McCann                                 Stamas

Bizon                                LaSata                     Moss                                     Theis

Brinks                               Lauwers                  Nesbitt                                   VanderWall

Bumstead                          Lucido                     Outman                                  Victory

Chang                                MacDonald              Runestad                                Zorn

 

 

                                                                      Nays—9

 

 

Bayer                                Hollier                     McMorrow                             Santana

Bullock                             Irwin                       Polehanki                               Wojno

Geiss                                                                                                             

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

Protests

 

 

Senators Hollier, Bayer, Santana, Polehanki, Bullock, Geiss, McMorrow and Wojno, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 712.

Senator Hollier moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Hollier’s statement, in which Senators Bayer, Santana, Polehanki, Bullock, Geiss, McMorrow and Wojno concurred, is as follows:

I think we spend a lot of time talking about communities that cannot take care of themselves. When there are communities represented by people that look like me, we talk about how they’re incompetent. We talk about their inability to get things done; how they can’t manage their finances. We talk about all the mistakes that they’ve made. But when these communities are from other places in the state, we talk about all the accommodations that are necessary to be made. We change rules. We make recommendations based on the issues that they have.

I represent a number of communities that have been taken over by the state—Highland Park, Hamtramck, and the Detroit Public Schools twice. We have communities like Flint, Benton Harbor, Muskegon Heights, and Buena Vista where they completely dissolved this community and what they said first was that they couldn’t manage their money. And then they said they couldn’t manage their community. And here we have a community where they literally can’t keep enough there to represent them. Instead of saying, “hey, we’re going to let them deal with it the same way every other community does,” we’re going to change state law. We didn’t change state law to ensure that the members of the 13th Congressional District had a Congressperson for the better part of the year that they had a vacancy. We didn’t change state law for the members of the 2nd Senate District who lost a State Senator. We didn’t change state law for the countless number of vacancies that happened across the state. But we have a small community that is pushing up against a deadline that they could not negotiate, so we are going to move heaven and earth to make sure that that small community is not affected negatively. We didn’t do that in Detroit. We didn’t do that for Detroit Public Schools. We haven’t done that in Hamtramck, Highland Park, or Flint. I don’t know why this community is any different.

Today we’ve talked about how some communities are treated differently than others. Here is another opportunity for us to say that. Either we are going to treat communities the same or we aren’t. Either we are going to seek to address the fundamental issues and difficulties that local communities have, or we aren’t. This is another opportunity for us to say that some communities matter more than others. That’s really frustrating for me. It’s really frustrating when I know that we are going to have a number of communities like the ones that I represent that had these financial challenges that are of no situations of their own. They did not control them, they did not make them, but they happened. We are going to have more vacancies in these communities and we are not going to change state law for them. What we are doing for this small community is so that they can make their deadlines because we really care about what matters to them. I’m not saying that we shouldn’t care about other communities, but we should care about communities in a matter that’s equitable and reasonable so the next time I come up or my colleagues come up and talk about the very specific situations going on in some of these communities where a disproportionate number of residents in this state live, I’d ask you to think about what it means to our residents, because that’s not what we’ve done at this point. Because we have been talking about consolidation; we have been talking about financial issues. But when it comes to communities—particularly in urban communities—we talk about how the people were bad; how they were managing their experiences poorly; how they didn’t handle their business. When we look at a community that has lost a significant number of their members—where they have a councilmember that literally refuses to show up—we’re willing to change state law. That’s not what we did in Detroit when we had a Congressperson lost, in my district when a Senator resigned, or in a number of these other communities. We have a real problem in this state of how we look at local governments and it’s patchwork and that’s unacceptable.

I would ask you to think about how our decisions today speak volumes about how we care about the other communities across the state and where people live and how we prioritize the work that they are going to do.

 

 

The following bill was read a third time:

Senate Bill No. 713, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 381 (MCL 168.381), as amended by 2018 PA 120.

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. 90                                             Yeas—31

 

 

Alexander                          Hertel                      McBroom                              Shirkey

Ananich                            Horn                        McCann                                 Stamas

Barrett                               Irwin                       Moss                                     Theis

Bizon                                LaSata                     Nesbitt                                   VanderWall

Brinks                               Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

Daley                                MacGregor              Schmidt                                

 

 

                                                                      Nays—6

 

 

Bayer                                Geiss                       McMorrow                             Santana

Bullock                             Hollier                                                                  

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 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. 4266, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2979.

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. 91                                             Yeas—37

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

Daley                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 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 and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 5266, entitled

A bill to amend 2008 PA 167, entitled “Electric cooperative member-regulation act,” (MCL 460.31 to 460.39) by adding sections 8a and 8b.

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. 92                                             Yeas—37

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

Daley                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the member-regulation of electric cooperatives; to prescribe the powers and duties of certain state agencies and officials; and to provide for certain penalties and remedies,”.

The Senate agreed to the full title.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator McBroom as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 370, entitled

A bill to establish the pediatric congenital heart association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

Substitute (S-1)

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

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

Senate Bill No. 371, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2018 PA 258.

Substitute (S-1)

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Stamas, Hollier and VanderWall introduced

Senate Bill No. 803, entitled

A bill to designate an official amphibian of the state of Michigan.

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

 

 

Senators Geiss, Hertel, Bullock, Santana, Ananich, Wojno, McBroom, Polehanki, Chang and Schmidt introduced

Senate Bill No. 804, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1160.

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

 

 

Senators Irwin, McBroom, Bullock, Wojno, Chang, Bayer and Polehanki introduced

Senate Bill No. 805, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1532 (MCL 380.1532), as amended by 2006 PA 619, and by adding section 1531l.

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

 

 

Senators Theis, Irwin, McBroom, Bullock, Wojno, Chang, Bayer and Polehanki introduced

Senate Bill No. 806, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2018 PA 418.

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

 

 

House Bill No. 4042, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16170a, 16222, 16231, 16238, and 17201 (MCL 333.16170a, 333.16222, 333.16231, 333.16238, and 333.17201), section 16170a as amended by 2013 PA 268, section 16222 as amended by 2014 PA 97, section 16231 as amended by 2017 PA 249, section 16238 as added by 1993 PA 79, and section 17201 as amended by 2016 PA 499, and by adding sections 16190, 17225, and 17225a.

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 Health Policy and Human Services.

House Bill No. 4476, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2015 PA 182.

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 Transportation and Infrastructure.

 

 

House Bill No. 5197, entitled

A bill to amend 1992 PA 116, entitled “Records reproduction act,” (MCL 24.401 to 24.406) by adding section 2a.

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 Local Government.

 

 

House Bill No. 5198, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 491 (MCL 750.491), as amended by 2017 PA 182.

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 Local Government.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 26:

House Bill Nos.     4042   4476   5197  5198

 

The Secretary announced that the following bills and resolutions were printed and filed on Wednesday, February 26, and are available on the Michigan Legislature website:

Senate Bill Nos.      801    802

Senate Resolution Nos.     104    105

House Bill Nos.     5553   5554   5555   5556 5557

Committee Reports

 

 

The Committee on Natural Resources reported

House Bill No. 5002, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43532a (MCL 324.43532a), as amended by 2013 PA 246.

With the recommendation that the bill pass.

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

                                                                                       Ed McBroom

                                                                                       Chairperson

To Report Out:

Yeas: Senators McBroom, Bumstead, Outman, Schmidt and McCann

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Natural Resources reported

House Bill No. 5003, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43532 (MCL 324.43532), as amended by 2016 PA 463.

With the recommendation that the bill pass.

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

                                                                                       Ed McBroom

                                                                                       Chairperson

To Report Out:

Yeas: Senators McBroom, Bumstead, Outman, Schmidt and McCann

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Natural Resources submitted the following:

Meeting held on Wednesday, February 26, 2020, at 8:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators McBroom (C), Bumstead, Outman, Schmidt and McCann

 

 

The Committee on Appropriations reported

Senate Bill No. 716, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 18a and 18b (MCL 247.668a and 247.668b), section 18b as amended by 2002 PA 498.

With the recommendation that the bill pass.

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

                                                                                       Jim Stamas

                                                                                       Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt and Victory

Nays: Senators Hertel, Bayer, Hollier, Irwin, McCann and Santana

The bill was referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Concurrent Resolution No. 22.

A concurrent resolution calling for the responsible use of the state’s transportation bonding authority and to state the Legislature’s intent regarding future debt service payments.

(For text of resolution, see Senate Journal No. 19, p. 236.)

With the recommendation that the concurrent resolution be adopted.

                                                                                       Jim Stamas

                                                                                       Chairperson

To Report Out:

Yeas: Senators Stamas, Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt and Victory

Nays: Senators Hertel, Bayer, Hollier, Irwin, McCann and Santana

The concurrent resolution was placed on the order of Resolutions.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, February 26, 2020, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana

 

 

The Committee on Advice and Consent reported the following appointment to office:

Michigan Natural Resources Commission

Mr. George K. Heartwell III, 8928 S. Parson Avenue, Newaygo, Michigan, 49337, county of Newaygo, for a term commencing on February 7, 2020, and expiring December 31, 2023.

With the recommendation that the Senate disapprove the said appointment.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, LaSata, Nesbitt and McBroom

Nays: Senator Hertel

The appointment was placed on the order of Messages from the Governor.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Advice and Consent submitted the following:

Meeting held on Wednesday, February 26, 2020, at 3:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Lucido (C), LaSata, Nesbitt, McBroom and Hertel

COMMITTEE ATTENDANCE REPORT

 

The Committee on Insurance and Banking submitted the following:

Meeting held on Wednesday, February 26, 2020, at 8:30 a.m., Room 1100, Binsfeld Office Building

Present: Senators Theis (C), Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Bullock and McMorrow

Excused: Senator Geiss

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on General Government submitted the following:

Meeting held on Wednesday, February 26, 2020, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Stamas (C), Victory, Bumstead and Irwin

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Joint Subcommittee on Capital Outlay submitted the following:

Joint meeting held on Wednesday, February 26, 2020, at 3:30 p.m., Room 352, House Appropriations Room, Capitol Building

Present: Senators Horn (C), Outman, Runestad, Bizon, Schmidt, Santana and McCann

Excused: Senators Zorn and Hertel

 

 

Scheduled Meetings

 

 

 

Appropriations -

 

Subcommittees -

 

Agriculture and Rural Development - Thursday, March 5, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

General Government - Wednesdays, March 4, March 11 and March 18, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Justice and Public Safety - Thursday, March 5, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

Labor and Economic Opportunity/MEDC - Tuesday, March 3, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Universities and Community Colleges - Thursdays, March 5 and March 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Energy and Technology - Tuesday, March 3, 2:00 p.m., Room 1100, Binsfeld Office Building (517) 373‑1721

 

Oversight -Tuesday, March 3, 2:00 p.m., Room 1300, Binsfeld Office Building; Secondary Location: Escanaba Location, Michigan Works!, 2950 College Avenue, Escanaba (517) 373-5312

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 11:05 a.m.

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, March 3, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate