No. 27

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, March 11, 2020.

 

10:00 a.m.

 

 

The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.

 

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—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—present                                   Moss—present                                 Zorn—present

Hollier—present                                  Nesbitt—present                             


 

Senator Ed McBroom of the 38th District offered the following invocation:

Dear Holy Father, I praise You for Your great goodness and mercy. You are the giver of all good and perfect things. At this time, we find ourselves confronted with the immensity of our mortality. The fear and uncertainty we face for our families, friends, state, and our country are real. So much information coupled with so little knowledge and ability to actually know is leading to fear and panic for our very lives and welfare. Father, I pray that You will be merciful to us all—that You will provide protection, wisdom, knowledge, and success. I pray that You will bring comfort and peace and patience to all of us. I pray particularly for wisdom for our leaders, particularly our Governor, Gretchen Whitmer, and for our President, Donald Trump.

But Father, I also recognize that we are truly no closer to calamity during this crisis than each of us is every day. Our lives are but a vapor—a hand-breadth—grass that flourishes and dies. Lord, please grant each person here these moments to consider their relationship with You. Help each of us to evaluate our own eternal future and open our eyes to our own need for salvation—for ending our own opposition and enmity with You that we ourselves have caused and accept the friendship and gift of eternal life that You offer through your Son.

Father grant us wisdom this day as we perform the duties that our citizens have sent us here to do. Help us to remember the fatherless, the widow, the outcast, and the poor. Help us to work diligently to bring good government to the people of this state—government that rewards those who do right, punishes those who do evil, and seeks for the best interest of all the people. Help us, Father, to work together. Help us to have a spirit that is willing to put aside our own personal viewpoints and interests at times when it is best for the body as a whole. Father, I pray these things in Jesus’ name. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

The following communications were received:

Department of State

 

Administrative Rules

Notices of Filing

 

October 17, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-074-HS (Secretary of State Filing #19‑10-02) on this date at 1:54 p.m. for the Department of Health and Human Services entitled, “Reporting of Poisonings Due to the Use of Prescription or Illicit Drugs.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 18, 2019

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2019-001-EQ (Secretary of State Filing #19-10-03) on this date at 3:19 p.m. for the Department of Environmental Quality entitled, “Oil and Gas Operations.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 24, 2019

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-062-EQ (Secretary of State Filing #19-10-04) on this date at 1:28 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control – Part 4. Emission Limitations and Prohibitions – Sulfur-Bearing Compounds.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

October 25, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-095-LR (Secretary of State Filing #19‑10-05) on this date at 2:40 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Michigan Medical Marihuana.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

November 4, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-045-HS (Secretary of State Filing #19‑11-01) on this date at 4:18 p.m. for the Department of Health and Human Services entitled, “Nonopioid Directive.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

November 4, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-065-LR (Secretary of State Filing #19‑11-02) on this date at 4:18 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Barbers – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

November 19, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-037-LR (Secretary of State Filing #19‑11-03) on this date at 3:46 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Optometry – General Rules.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

November 19, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-062-LR (Secretary of State Filing #19‑11-04) on this date at 3:47 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Athletic Trainers – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

November 22, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2019-201-LR (Secretary of State Filing #19-11-05) on this date at 1:17 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Manufacturing of Marihuana Products Intended for Inhalation.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

November 22, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2019-202-LR (Secretary of State Filing #19-11-06) on this date at 1:17 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Testing of Marihuana Products Intended for Inhalation.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

November 25, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-102-HS (Secretary of State Filing #19‑11-07) on this date at 2:44 p.m. for the Department of Health and Human Services entitled, “Child Caring Institutions.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

December 6, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-029-LR (Secretary of State Filing #19‑12-01) on this date at 2:53 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Licensing Family and Group Child Care Homes.”

These rules take effect 7 days after filing with the Secretary of State.

 

December 6, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-107-LR (Secretary of State Filing #19‑12-02) on this date at 2:53 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Psychology – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

December 11, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-032-LR (Secretary of State Filing #19‑12-03) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Licensing Child Care Centers.”

These rules take effect 7 days after filing with the Secretary of State.

 

December 12, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-038-IF (Secretary of State Filing #19‑12-04) on this date at 3:11 p.m. for the Department of Insurance and Financial Services entitled, “Pre‑Licensure Education Requirements.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

December 20, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-023-LR (Secretary of State Filing #19‑12-05) on this date at 11:31 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Physical Therapy – General Rules.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Evelyn Quiroga, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Winnie Brinks

March 10, 2020

I respectfully request that my name be added as a co-sponsor of Senate Resolution No. 107.

                                                                                       Sincerely,

                                                                                       Senator Winnie Brinks

                                                                                       District 29

The communication was referred to the Secretary for record.

 

 

Messages from the Governor

 

 

The following message from the Governor was received on March 11, 2020 and read:

 

EXECUTIVE ORDER

No. 2020-4

 

Declaration of State of Emergency

 

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person.

COVID-19 has been identified as the cause of an outbreak of respiratory illness first detected in Wuhan City in the Hubei Province of China. Person-to-person spread of the virus has occurred in the United States, with some of those occurring in people with no travel history and no known source of exposure. On January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, and affected state and local governments have also declared states of emergency.

The State of Michigan has been taking proactive steps to prevent and prepare for the spread of this disease. On February 3, 2020, the Michigan Department of Health and Human Services (MDHHS) activated the Community Health Emergency Coordination Center, and has been working diligently with local health departments, health systems, and medical providers throughout Michigan to make sure appropriate screening and preparations for COVID-19 are being made. On February 28, 2020, I activated the State Emergency Operations Center to maximize coordination with state, local and federal agencies, as well as private partners, and to help prevent the spread of the disease. On March 3, 2020, I created four task forces comprising key state government agencies to coordinate the state’s response and work closely with the appropriate community and non-governmental stakeholders to combat the spread of COVID-19 and assess the impact it may have on Michiganders’ day-to-day lives. And throughout this time, the State has been working with schools, businesses, medical providers, local health departments, and residents to make sure they have the information they need to prepare for potential cases.

On March 10, 2020, MDHHS identified the first two presumptive-positive cases of COVID-19 in Michigan.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

The Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), provides that “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

The Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31(1), provides that “[d]uring times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, . . . the governor may proclaim a state of emergency and designate the area involved.”

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1.  A state of emergency is declared across the State of Michigan.

2.  The Emergency Management and Homeland Security Division of the Department of State Police must coordinate and maximize all state efforts that may be activated to state service to assist local governments and officials and may call upon all state departments to utilize available resources to assist.

3.  The state of emergency is terminated when emergency conditions no longer exist and appropriate programs have been implemented to recover from any effects of the emergency conditions, consistent with the legal authorities upon which this declaration is based and any limits on duration imposed by those authorities.

Given under my hand and the Great Seal of the State of Michigan.

 

Date: March 10, 2020

                                                                                       Gretchen Whitmer

[SEAL]                                                                           Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

The executive order was referred to the Committee on Government Operations.

 

 

Senator MacGregor moved that rule 3.902 be suspended to allow the guests of Senator Schmidt admittance to the Senate floor, including the center aisle.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Senator MacGregor moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:07 a.m.

 

10:50 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senators Schmidt and VanderWall introduced Sierra Moore, the 2019-2020 National Cherry Queen.

By unanimous consent the Senate proceeded to the order of

Messages from the House

 

 

Senate Bill No. 151, entitled

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 House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal year ending September 30, 2020; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.         

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 373, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2018 PA 586, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2018 PA 265.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 20, 31j, 32d, 35a, 35b, 95b, 99h, 99t, 99u, 99v, 152b, and 236 (MCL 388.1611, 388.1620, 388.1631j, 388.1632d, 388.1635a, 388.1635b, 388.1695b, 388.1699h, 388.1699t, 388.1699u, 388.1699v, 388.1752b, and 388.1836), sections 11, 20, 35a, and 236 as amended by 2019 PA 162, sections 31j, 35b, and 99u as amended by 2018 PA 586, sections 32d and 99h as amended by 2019 PA 58, sections 95b, 99t, and 152b as amended and section 99v as added by 2018 PA 265, and by adding sections 67a, 67b, and 270a.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 762, entitled

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 House of Representatives has passed the bill and ordered that it be given immediate effect.

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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

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. 364

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 364, 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,” (MCL 247.651 to 247.675) by adding section 11i.

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. 99                                             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: President

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 725, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b, 78c, and 78f (MCL 211.78b, 211.78c, and 211.78f), sections 78b and 78c as amended by 2015 PA 202 and section 78f as amended by 2015 PA 190.

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. 100                                           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: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 726, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78h and 78k (MCL 211.78h and 211.78k), section 78h as amended by 2014 PA 499 and section 78k as amended by 2016 PA 433.

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. 101                                           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: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4171, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA 589.

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. 102                                           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: President

 

 

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”.

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, Lieutenant Governor Gilchrist, designated Senator Barrett as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 754, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8144 (MCL 600.8144), as amended by 2012 PA 18.

 

 

Senate Bill No. 812, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 2017 PA 228.

The bills were 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. 245, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197.

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. 246, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, 122, and 123 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, 24.322, and 24.323), section 71 as amended by 1984 PA 28, section 80 as amended and section 123 as added by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247.

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. 665, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 411 (MCL 436.1411), as amended by 2018 PA 403.

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

Resolutions

 

 

Senators Hertel, McCann, Bayer, Irwin, Bullock, Geiss, Chang, Alexander, Moss, McMorrow, Wojno, Ananich, McBroom, Brinks, Polehanki, Santana and Hollier offered the following concurrent resolution:

Senate Concurrent Resolution No. 23.

A concurrent resolution to urge the United States Congress to oppose recommendations to privatize the United States Postal Service.

Whereas, The USPS is a core governmental function recognized by our Founding Fathers in the U.S. Constitution. Article I, Section 8, Clause 7 of the U.S. Constitution grants Congress the power to establish post offices and post roads. Enacting the President’s proposal would require Congress to neglect its constitutional responsibility; and

Whereas, The USPS provides high-quality universal service without taxpayer funding. The USPS receives no tax dollars and funds its operations through the sale of postage products and services. Even without taxpayer funding, the USPS provides excellent service and consistently receives the highest approval ratings of federal departments and agencies; and

Whereas, The USPS is a source of decent and dignified jobs in the United States. The USPS employs workers of all nationalities from diverse backgrounds of all kinds. The USPS has more than 500,000 employees at the center of the $1.4 trillion mailing industry that employs 7.5 million Americans. It is also the nation’s second-largest employer of military veterans; and

Whereas, Privatizing the USPS would limit service and increase prices for Michigan’s 32 rural counties. A privatized postal service will be driven by profit and would lead to increased rates and lost service for rural areas where delivery is more expensive. This will enrich a few private companies at the expense of rural communities in Michigan and across the country; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Congress to oppose recommendations to privatize the United States Postal Service; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Victory introduced

Senate Bill No. 827, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 807 (MCL 339.5807).

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

 

 

Senators Runestad, Lucido, Barrett, MacGregor, Victory, Nesbitt, Bumstead, Daley, Zorn, Horn, Theis, Schmidt, VanderWall, MacDonald, LaSata and McBroom introduced

Senate Bill No. 828, entitled

A bill to regulate contingency fee contracts entered into by the department of the attorney general; to prescribe the powers and duties of certain state agencies and officials; and to require reports.

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

 

 

Senators Barrett, Runestad, Lucido, MacGregor, Victory, Nesbitt, Bumstead, Daley, Zorn, Horn, Schmidt, VanderWall, MacDonald, LaSata, McBroom and Theis introduced

Senate Bill No. 829, entitled

A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 28a.

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

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 10:

House Bill Nos.     5134   5443  5444

 

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, March 10 for her approval the following bill:

Enrolled Senate Bill No. 253 at 2:01 p.m.

The Secretary announced that the following bills and resolution were printed and filed on Tuesday, March 10, and are available on the Michigan Legislature website:

Senate Bill Nos.      824    825    826

Senate Resolution No.     107

House Bill Nos.     5600   5601   5602   5603  5604   5605   5606   5607   5608  5609  5610

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Transportation submitted the following:

Meeting held on Tuesday, March 10, 2020, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Schmidt, Victory, MacGregor, MacDonald, Zorn, Hollier and Bayer

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, March 10, 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, March 10, 2020, at 2:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators McBroom (C), Lucido, Theis, MacDonald and Irwin

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Reform submitted the following:

Meeting held on Tuesday, March 10, 2020, at 3:00 p.m., Room 1200, Binsfeld Office Building

Present: Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

 

 

Scheduled Meetings

 

 

Agriculture - Thursday, March 12, 8:30 a.m., Room 1200, Binsfeld Office Building (517) 373-1721

 

Appropriations -

 

Subcommittees -

 

Agriculture and Rural Development - Thursday, March 19, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

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

 

Justice and Public Safety - Thursdays, March 12 and March 26, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

Licensing and Regulatory Affairs (LARA)/Department of Insurance and Financial Services (DIFS) - Thursday, March 12, 8:30 a.m., Room 1300, Binsfeld Office Building, (517) 373-2768

 

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

 

Education and Career Readiness - Tuesday, March 17, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5314

 

Health Policy and Human Services - Thursday, March 12, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

 

Judiciary and Public Safety - Thursday, March 12, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

Legislative Council - Thursday, March 19, 8:30 a.m., Room 352, House Appropriations Room, Capitol Building (517) 373-0212

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 11:10 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, March 12, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate