No. 76

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Thursday, October 1, 2020.

 

10:00 a.m.

 

 

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

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

Alexander—present                             Horn—present                                 Outman—present

Ananich—present                                Irwin—present                                 Polehanki—present

Barrett—present                                  Johnson—present                             Runestad—present

Bayer—present                                    LaSata—present                              Santana—present

Bizon—excused                                   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 Curtis VanderWall of the 35th District offered the following invocation:

Our Father, we just come to You this day. We ask that You guide us—You guide us in the work that we do not only for the citizens of this state, but for our districts. We ask You that You give us clear heads, You give us direction, and You allow us to do Your work and the people’s work.

We pray for our Governor. We ask that You are with her. We pray for her, our Majority Leader, and our Speaker. We also pray for our President and our nation. We also, in these times, pray for those who are sick, those who are struggling, and those who are battling illness. We ask that You are with them. We continue to pray for our pastors. We ask that You are with them as they also shepherd us. We pray now that You just bless this day. Be with us as we do the work of the people.

For Jesus’ sake. Amen

 

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

 

 

Motions and Communications

 

 

Senator Ananich entered the Senate Chamber.

 

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

The motion prevailed.

 

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

The motion prevailed.

 

 

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 10:04 a.m.

 

10:53 a.m.

 

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

 

During the recess, Senators Geiss and Moss entered the Senate Chamber.

 

 

Senator MacGregor moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4288

Senate Bill No. 700

Senate Bill No. 893

Senate Bill No. 894

Senate Bill No. 1052

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

 

 

The following communication was received and read:

Office of the Auditor General

September 29, 2020

Enclosed is a copy of the following report:

    Preliminary survey summary of Statewide Data Classification Management, Department of Technology, Management, and Budget (071-0514-20).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The preliminary survey summary was referred to the Committee on Oversight.

The following communication was received:

State Budget Office

September 30, 2020

Attached you will find the report as required by PA 268. Per the statute:

(7) Not later than March 30 of each year that the contract is in effect, and not later than September 30 of each year that the contract is in effect, the integrity oversight monitor shall provide a detailed report to the governor, the department of technology, management, and budget, the secretary of the senate, the clerk of the house of representatives, and the chairpersons of the senate and house of representatives committees on appropriations. The report shall contain all of the following:

(a) Detail of the integrity oversight monitor’s services during the 6-month period.

(b) Detail of the integrity oversight monitor’s services over the duration of the contract.

(c) Details of findings of malfeasance or inefficiency.

(d) Recommendations for corrective actions by any governmental entities.

Please let us know if you need anything else.

                                                                                       Thank you,

                                                                                       State Budget Office

                                                                                       517-335-3420

The communication was referred to the Secretary for record.

 

 

The Secretary announced that pursuant to rule 1.117(e) of the Standing Rules of the Senate, the Senate Majority Leader has allocated $0 to the standing committee operations accounts for the fiscal year ending September 30, 2021. Accordingly, for the fiscal year ending September 30, 2021, there are no committee expenses to be reported and no committee expense reports to be filed with the Senate Business Office pursuant to rule 2.110 of the Standing Rules of the Senate.

 

 

Messages from the Governor

 

 

The following message from the Governor was received on October 1, 2020, and read:

 

EXECUTIVE ORDER

No. 2020-191

 

Enhanced protections for residents and staff of long-term care facilities during
the COVID-19 pandemic

 

Rescission of Executive Order 2020-179

 

From day one, I have taken action to protect seniors from the deadly COVID-19 pandemic. Because of the inordinate risk of COVID-19 to elderly Michiganders living in congregate settings, I have issued executive orders implementing special protections for residents and employees of long-term care facilities. To ensure our nursing homes are as safe as possible, I pushed our inspectors to complete 100% of infection control surveys more than two months before the federal deadline, and they delivered. And I have worked tirelessly to procure tests and PPE to keep seniors safe, and to facilitate testing for all nursing home residents and staff, with little to no assistance from federal authorities. To protect against a possible second wave, I created the nursing home preparedness task force, which produced its report August 31. Finally, my stay-home and safe-start orders have dramatically cut the infection rate and limited community spread, the single-greatest threat to the residents of long-term care facilities.

Because COVID-19 continues to threaten the health and safety of elderly Michiganders living in long-term care facilities, it is reasonable and necessary to continue the enhanced protections for residents and staff of long-term care facilities put in place back in April 2020. This order rescinds my prior executive order on this topic, and reflects certain recommendations of the Nursing Home Task Force. The Michigan Department of Health and Human Services remains empowered to issue orders and directives to implement this order and should continue to carefully consider the recommendations of the Nursing Home Task Force in doing so.

 

 

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 not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.

On March 10, 2020, the Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401
et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.

Since then, the virus spread across Michigan, bringing deaths in the thousands, confirmed cases in the tens of thousands, and deep disruption to this state’s economy, homes, and educational, civic, social, and religious institutions. On April 1, 2020, in response to the widespread and severe health, economic, and social harms posed by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded on Executive Order 2020-4 and declared both a state of emergency and a state of disaster across the State of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, and the Emergency Powers of the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had created emergency and disaster conditions across the State of Michigan, I issued Executive Order 2020-67 to continue the emergency declaration under the EPA, as well as Executive Order 2020-68 to issue new emergency and disaster declarations under the EMA.

Those executive orders have been challenged in Michigan House of Representatives and Michigan Senate v. Whitmer. On August 21, 2020, the Court of Appeals ruled that the Governor’s declaration of a state of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA.

On September 29, 2020, I issued Executive Order 2020-186, again finding that the COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. That order constituted a state of emergency declaration under the Emergency Powers of the Governor Act of 1945. And, to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature had declined to grant an extension request, that order also constituted a state of emergency and state of disaster declaration under that act.

The Emergency Powers of the Governor Act provides a sufficient legal basis for issuing this executive order. In relevant part, it provides that, after declaring a state of emergency, “the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control.” MCL 10.31(1).

Nevertheless, subject to the ongoing litigation and the possibility that current rulings may be overturned or otherwise altered on appeal, I also invoke the Emergency Management Act as a basis for executive action to combat the spread of COVID-19 and mitigate the effects of this emergency on the people of Michigan, with the intent to preserve the rights and protections provided by the EMA. The EMA vests the governor with broad powers and duties to “cop[e] with dangers to this state or the people of this state presented by a disaster or emergency,” which the governor may implement through “executive orders, proclamations, and directives having the force and effect of law.” MCL 30.403(1)–(2). This executive order falls within the scope of those powers and duties, and to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has not granted an extension request, they too provide a sufficient legal basis for this order.

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

I.     Protections for residents of long-term care facilities

1. Notwithstanding any statute, rule, regulation, or policy to the contrary, a long-term care facility must not effectuate an eviction or involuntary discharge against a resident for nonpayment, nor deny a resident access to the facility, except as otherwise provided in this order.

2. A long-term care facility must not prohibit admission or readmission of a resident based on COVID‑19 testing requirements or results in a manner that is inconsistent with this order or relevant guidance issued by the Department of Health and Human Services (“DHHS”).

3. The following apply to a resident that voluntarily obtained housing outside of a long-term care facility such as by moving in with a family member (but not to a resident who was hospitalized) during any state of emergency or state of disaster arising out of the COVID-19 pandemic:

(a) The resident does not forfeit any right to return that would have been available to the resident under state or federal law had they been hospitalized or placed on therapeutic leave. Nothing in this section affects the rights of a resident who was hospitalized or placed on therapeutic leave.

(b) Except as provided in subsection (c), as soon as capacity allows, the long-term care facility of origin must accept the return of the resident, provided it can meet the medical needs of the resident, and there are no statutory grounds to refuse the return.

(c) Prior to accepting the return of such a resident, the long-term care facility must undertake screening precautions that are consistent with relevant DHHS guidance when receiving the returning resident. A facility must not accept the return of a COVID-19-positive resident if the facility does not have a dedicated unit or Care and Recovery Center meeting the requirements of this order.

4. Nothing in this order abrogates the obligation to pay or right to receive payment due under an admission contract between a resident and a long-term care facility.

5. All long-term care facilities must use best efforts to facilitate the use of telemedicine in the care provided to their residents, including, but not limited to, for regular doctors’ visits, telepsychology, counseling, social work and other behavioral health visits, and physical and occupational therapy.

II.    Protections for employees and residents of long-term care facilities

1. It is the public policy of this state that employees of long-term care facilities or Care and Recovery Centers who test positive for COVID-19 or who display one or more of the principal symptoms of COVID‑19 should remain in their homes or places of residence, as provided in section 2 of Executive
Order 2020-172 or any order that may follow from it, and that their employers shall not discharge, discipline, or otherwise retaliate against them for doing so, as provided in section 1 of Executive Order 2020-172 or any order that may follow from it.

2. Long-term care facilities must:

(a) Limit communal dining and internal and external group activities consistent with Center for Medicare and Medicaid Services guidance and DHHS guidance;

(b) Take all necessary precautions to ensure the adequate disinfecting and cleaning of facilities, in accordance with relevant guidance from the Centers for Disease Control and Prevention (“CDC”);

(c) Use best efforts to provide appropriate personal protective equipment (“appropriate PPE”) and hand sanitizer to all employees that interact with residents;

(d) As soon as reasonably possible, but no later than 12 hours after identification, inform employees and residents of the presence of a confirmed COVID-19 positive employee or resident;

(e) As soon as reasonably possible, but no later than 24 hours after identification of a confirmed COVID‑19 positive employee or resident:

  (1) Inform legal guardians or health proxies for all residents within the facility of the presence of a confirmed COVID-19 positive employee or resident;

  (2) Post a notice in a conspicuous place near the main entrance of the facility indicating the presence of a confirmed COVID-19 positive employee or resident. The notice must continue to be displayed until 14 days after the last positive COVID-19 test result for an employee or resident in the facility;

  (3) Adopt a protocol to inform prospective residents and staff of the presence of a confirmed COVID-19 positive employee or resident. The protocol must remain in place until 14 days after the last positive COVID-19 test result for an employee or resident in the facility;

  (4) Contact the local health department in the facility’s jurisdiction to report the presence of a confirmed COVID-19 positive employee or resident;

  (5) Support any contact tracing efforts as requested.

(f) Notify employees of any changes in CDC recommendations related to COVID-19;

(g) Keep accurate and current data regarding the quantity of each type of appropriate PPE available onsite, and report such data to EMResource upon DHHS’s request or in a manner consistent with DHHS guidance; and

(h) Report to DHHS all presumed positive COVID-19 cases in the facility together with any additional data when required under DHHS guidance.

III.   Procedures related to transfers and discharges of COVID-19-affected residents

1. A long-term care facility must report the presence of a COVID-19-affected resident to their local health department within 24 hours of identification.

2. Except as otherwise provided by an advance directive, a long-term care facility must transfer a COVID‑19-affected resident who is medically unstable to a hospital for evaluation.

3. Except as otherwise provided by DHHS policy or guidance, a nursing home must make all reasonable efforts to create a unit dedicated to the care and isolation of COVID-19-affected residents (“dedicated unit”).

(a) A nursing home with a dedicated unit must provide appropriate PPE to direct-care employees who staff the dedicated unit.

(b) A nursing home provider that operates multiple facilities may create a dedicated unit by designating a facility for such a purpose.

(c) A nursing home must not create or maintain a dedicated unit unless it can implement effective and reliable infection control procedures.

4. A long-term care facility must adhere to the following protocol with respect to a COVID-19-affected resident who is medically stable:

(a) If the long-term care facility has a dedicated unit, the facility must transfer the COVID-19-affected resident to its dedicated unit.

(b) If the long-term care facility does not have a dedicated unit, it must attempt to transfer the COVID-19-affected resident to a Care and Recovery Center, an alternate care facility with physical and operational capacity to care for the resident, or an available swing bed at a hospital.

(c) If a transfer under subsection (b) of this section is not possible, the long-term care facility must attempt to send the resident to a hospital within the state that has available bed capacity.

5. Once a long-term care facility resident who has been hospitalized due to onset of one or more of the principal symptoms of COVID-19 becomes medically stable, the hospital must conduct testing consistent with best practices identified by the CDC prior to discharge. Discharge may be made to any of the following: a Care and Recovery Center, the facility where the resident resided prior to hospitalization, an alternate care facility with physical and operational capacity to care for the resident, or an available swing bed.

6. Discharge destinations should be determined consistent with CDC and DHHS guidelines. Decisionmakers should consider patient safety, the safety of the residents of any destination facility, the wishes of the patient and patient’s family, and any guidance or recommendations from the local health department. However, a resident may only be discharged to a facility capable of safely isolating the resident, consistent with any applicable CDC and DHHS guidelines.

7. Until an acceptable discharge destination is identified, the individual must remain in the care of the hospital where they reside.

8. For any transfer or discharge of a resident, the transferring or discharging entity must ensure that the resident’s advance directive accompanies the resident and must disclose the existence of any advance directive to medical control at the time medical control assistance is requested.

9. A long-term care facility that transfers or discharges a resident in accordance with this order must notify the resident and the resident’s representative (if reachable) of the transfer or discharge within 24 hours.

10. The department of licensing and regulatory affairs is authorized to take action to assure proper level of care and services in connection with this order, consistent with section 21799b of the Public Health Code, MCL 333.21799b, and any other relevant provisions of law.

11. A transfer or discharge of a long-term care facility resident that is made in accordance with this order constitutes a transfer or discharge mandated by the physical safety of other facility residents and employees as documented in the clinical record, for purposes of section 21773(2)(b) of the Public Health Code, 1978 PA 368, as amended, MCL 333.21773(2)(b), and constitutes a transfer or discharge that is necessary to prevent the health and safety of individuals in the facility from being endangered, for purposes of 42 CFR 483.15(c)(1)(i)(C)–(D) and (c)(4)(ii)(A)–(B).

12. To the extent necessary to effectuate this terms of this order, strict compliance with any statute, rule, regulation, or policy pertaining to bed hold requirements or procedures, or to pre-transfer or pre-discharge requirements or procedures, is temporarily suspended. This includes, but is not limited to, strict compliance with the requirements and procedures under sections 20201(3)(e), 21776, 21777(1), and 21777(2) of the Public Health Code, MCL 333.20201(3)(e), MCL 333.21773(2), MCL 333.21776, MCL 333.21777(1), and MCL 333.21777(2), as well as Rules 325.1922(13)-(16), 400.1407(12), 400.2403(9), and 400.15302 of the Michigan Administrative Code.

IV.   Definitions and general provisions

1. For purposes of this order:

(a) “Adult foster care facility” has the same meaning as provided by section 3(4) of the Adult Foster Care Facility Licensing Act, 1979 PA 218, as amended, MCL 400.703(4).

(b) “Alternate care facility” means any facility activated by the state to provide relief for hospitals that surge past their capacity,

(c) “Appropriate PPE” means the PPE that DHHS recommends in relevant guidance.

(d) “Assisted living facility” means an unlicensed establishment that offers community-based residential care for at least three unrelated adults who are either over the age of 65 or need assistance with activities of daily living (ADLs), including personal, supportive, and intermittent health-related services available
24-hours a day.

(e) “Care and Recovery Center” means a nursing home that is designated by DHHS as a dedicated facility to temporarily and exclusively care for and isolate COVID-19-affected residents. A Care and Recovery Center also includes a nursing home that was previously designated as a regional hub by DHHS, until such time as the facility’s regional hub designation is rescinded. A Care and Recovery Center must accept COVID-19-affected residents in accordance with relevant DHHS orders and guidance.

(f) “COVID-19-affected resident” means a resident of a long-term care facility who is COVID-19 positive, who is a person under investigation, or who displays one or more of the principal symptoms of COVID-19.

(g) “Home for the aged” has the same meaning as provided by section 20106(3) of the Public Health Code, MCL 333.20106(3).

(h) “Long-term care facility” means a nursing home, home for the aged, adult foster care facility, or assisted living facility.

(i) “Medically unstable” means a change in mental status or a significant change or abnormality in blood pressure, heart rate, oxygenation status, or laboratory results that warrants emergent medical evaluation.

(j) “Nursing home” has the same meaning as provided by section 20109(1) of the Public Health Code, MCL 333.20109(1).

(k) “Person under investigation” means a person who is currently under investigation for having the virus that causes COVID-19.

(l) “Principal symptoms of COVID-19” are fever, atypical cough, or atypical shortness of breath.

(m) “Swing bed” has the meaning provided by 42 CFR 413.114(b).

2. DHHS may issue orders and directives, and take any other actions pursuant to law, to implement this executive order.

3. This order is effective immediately.

4. Executive Order 2020-179 is rescinded.

5. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

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

 

Date: September 30, 2020

Time: 5:50 p.m.

                                                                                       Gretchen Whitmer

[SEAL]                                                                           Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

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

 

 

   The following message from the Governor was received and read:

 

APPROPRIATIONS; SCHOOL AID, HIGHER EDUCATION, AND COMMUNITY COLLEGES

 

September 30, 2020

Today I have signed Enrolled Senate Bill 927, which makes appropriations to support public schools, intermediate school districts, community colleges, and public universities of the state, and which makes appropriations for certain other purposes relating to education for the fiscal year ending September 30, 2021. As we navigate an economic crisis and global pandemic, I am pleased that the executive and legislative branches of government came together and produced a budget that funds the programs and services that matter most to our residents, including education, public health, economic development, public safety, and the environment. We worked together to do what is expected and demanded of us and we now have a budget that will serve Michigan well.

I have disapproved one item pursuant to article 5, section 19 of the Michigan Constitution of 1963. That item veto is detailed in the attached copy of the bill that has been filed with the Secretary of State.

To provide direction regarding the implementation of this appropriations act, I note that those provisions of this bill that express merely the intent, advice, preferences, or wishes of the Legislature do not impose conditions upon appropriations and are non-binding.

Thank you for your attention to these matters.

                                                                                          Sincerely,

                                                                                          Gretchen Whitmer

                                                                                          Governor

This bill was signed by the Governor on September 30, 2020 at 1:18 p.m. (Filed with the Secretary of State on September 30, 2020, at 2:34 p.m.) and assigned Public Act No. 165.

The question being on the passage of the vetoed line item, the objections of the Governor to the contrary notwithstanding,

Senator MacGregor moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

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 Alexander 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. 893, entitled

A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 7 (MCL 803.307), as amended by 1998 PA 517.

 

 

Senate Bill No. 894, entitled

A bill to amend 1996 PA 263, entitled “Juvenile boot camp act,” by amending section 5 (MCL 400.1305), as amended by 1998 PA 527.

 

 

House Bill No. 4288, entitled

A bill to prescribe the powers and duties of certain state governmental officers and entities; to create a statewide broadband service grant program; and to establish a process for the application and awarding of grant money.

 

 

Senate Bill No. 1052, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 3 (MCL 390.1663), as amended by 2013 PA 210.

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. 700, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 15, and 18 of chapter XIIA (MCL 712A.1, 712A.15, and 712A.18), section 1 as amended by 2019 PA 109, section 15 as amended by 2019 PA 111, and section 18 as amended by 2019 PA 102.

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

 

 

Senator Hertel offered the following resolution:

Senate Resolution No. 146.

A resolution to commemorate the 50th Anniversary of the Michigan State Police State Security Operations Section.

Whereas, The Michigan State Police State Security Operations Section was created in 1970 and is responsible for the safety and security of all people and property of state-owned and leased facilities; and

Whereas, Currently, the State Security Operations Section is staffed by 18 security officers who are members of the Department of State Police; and

Whereas, These officers provide security and general law enforcement to over 47,000 state employees, executive, judicial, and legislative officials, as well as thousands of patrons who visit within the jurisdiction daily; and

Whereas, For the past 50 years, officers diligently serve each day, stand watch to address the safety and security needs of our people, and identify and meet security challenges. Therefore, we are truly indebted; and

Whereas, Their presence, commitment to their charge, and willingness to remain agile in the face of evolving threats to protect us is certainly reassuring in these unpredictable times; now, therefore, be it

Resolved by the Senate, That we commemorate the 50th Anniversary of the Michigan State Police State Security Operations Section who are guided by their agency’s value statement, “A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY”; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan State Police State Security Operations Section as evidence of our gratitude to all who have and continue to serve.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

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

The resolution was adopted.

Senators Chang, Geiss, Horn, Polehanki, Wojno, Alexander, Ananich, Barrett, Brinks, Bullock, Bumstead, Daley, Hollier, Johnson, LaSata, Lauwers, Lucido, MacDonald, MacGregor, McBroom, McCann, McMorrow, Moss, Nesbitt, Outman, Runestad, Santana, Schmidt, Shirkey, Stamas, Theis, VanderWall, Victory and Zorn were named co-sponsors of the resolution.

 

 

Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Hertel’s statement is as follows:

Today I am introducing a resolution to commemorate the 50th anniversary of the Michigan State Police State Security Operations Section.

This is a section of 18 officers who are tasked with overseeing the safety and security of state facilities; including 47,000 state employees; legislative, executive, and judicial officials; and thousands of visitors. From schoolchildren on fieldtrips, to state employees serving the people, to rallies on the Capitol lawn, to armed protesters storming the Capitol Building to intimidate this body, the diligence of these officers to keep everyone safe cannot be understated. Their presence, commitment to their charge, and willingness to remain agile in the face of evolving threats to protect us is certainly reassuring in these unpredictable times.

In their 50 years, I’m not sure the State Security Operations Section has been as busy, as appreciated, or as necessary as they are today. They have protected millions of people who have worked for or had business at the state. They have literally in 50 years protected over 1,000 legislators. They have protected five Hertels and members of my family.

Joining us today in the north Gallery are Major Emmitt McGowan, Lieutenant Darren Green, Officer Carmen Scheuneman, and Officer Charles Gutt from the Michigan State Police. Please help me welcome them and honor the Michigan State Police Security Operations Section on 50 years of dedicated service to the state of Michigan.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

Senator MacGregor moved that the rules be suspended and that the following bill, now on Third Reading of Bills, be placed on its immediate passage:

House Bill No. 4288

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

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Senator MacGregor moved that the Senate proceed to consideration of the following bills:

House Bill No. 4476

Senate Bill No. 82

House Bill No. 5334

Senate Bill No. 991

House Bill No. 5881

Senate Bill No. 77

House Bill No. 4288

The motion prevailed.

The following bill was read a third time:

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 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. 386                                           Yeas—36

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Brinks                               Irwin                       Moss                                     Theis

Bullock                             LaSata                     Nesbitt                                   VanderWall

Bumstead                          Lauwers                  Outman                                  Victory

Chang                                Lucido                     Polehanki                               Wojno

Daley                                MacDonald              Runestad                                Zorn

 

 

                                                                      Nays—1

 

 

Johnson                                                                                                         

 

 

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 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.

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 82, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 2018 PA 386.

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. 387                                           Yeas—37

 

 

Alexander                          Hertel                      MacGregor                             Santana

Ananich                            Hollier                     McBroom                              Schmidt

Barrett                               Horn                        McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Brinks                               Johnson                   Moss                                     Theis

Bullock                             LaSata                     Nesbitt                                   VanderWall

Bumstead                          Lauwers                  Outman                                  Victory

Chang                                Lucido                     Polehanki                               Wojno

Daley                                MacDonald              Runestad                                Zorn

Geiss                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 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. 5334, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2084) by adding section 16d.

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. 388                                           Yeas—37

 

 

Alexander                          Hertel                      MacGregor                             Santana

Ananich                            Hollier                     McBroom                              Schmidt

Barrett                               Horn                        McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Brinks                               Johnson                   Moss                                     Theis

Bullock                             LaSata                     Nesbitt                                   VanderWall

Bumstead                          Lauwers                  Outman                                  Victory

Chang                                Lucido                     Polehanki                               Wojno

Daley                                MacDonald              Runestad                                Zorn

Geiss                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 991, entitled

A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending sections 3, 5, 7, and 11 (MCL 432.303, 432.305, 432.307, and 432.311).

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. 389                                           Yeas—36

 

 

Alexander                          Geiss                       MacDonald                            Santana

Ananich                            Hertel                      MacGregor                             Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Brinks                               Irwin                       Moss                                     Theis

Bullock                             Johnson                   Nesbitt                                   VanderWall

Bumstead                          LaSata                     Outman                                  Victory

Chang                                Lauwers                  Polehanki                               Wojno

Daley                                Lucido                     Runestad                                Zorn

 

 

                                                                      Nays—1

 

 

McBroom                                                                                                      

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 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. 5881, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661.

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. 390                                           Yeas—30

 

 

Ananich                            Johnson                   McMorrow                             Shirkey

Barrett                               LaSata                     Moss                                     Stamas

Bayer                                Lauwers                  Nesbitt                                   Theis

Brinks                               Lucido                     Outman                                  VanderWall

Bumstead                          MacDonald              Polehanki                               Victory

Daley                                MacGregor              Runestad                                Wojno

Hertel                                McBroom                Schmidt                                 Zorn

Horn                                 McCann                                                                

 

 

                                                                      Nays—7

 

 

Alexander                          Chang                      Hollier                                   Santana

Bullock                             Geiss                       Irwin                                     

 

 

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

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

“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 77, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20199, 21702, and 21703 (MCL 333.20199, 333.21702, and 333.21703), section 21702 as amended by 1994 PA 73 and section 21703 as amended by 2015 PA 155, and by adding sections 21788, 21788a, 21788b, 21788c, 21788d, 21788e, 21788f, 21788g, 21788h, and 21788i.

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. 391                                           Yeas—37

 

 

Alexander                          Hertel                      MacGregor                             Santana

Ananich                            Hollier                     McBroom                              Schmidt

Barrett                               Horn                        McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Brinks                               Johnson                   Moss                                     Theis

Bullock                             LaSata                     Nesbitt                                   VanderWall

Bumstead                          Lauwers                  Outman                                  Victory

Chang                                Lucido                     Polehanki                               Wojno

Daley                                MacDonald              Runestad                                Zorn

Geiss                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 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. 4288, entitled

A bill to prescribe the powers and duties of certain state governmental officers and entities; to create a statewide broadband service grant program; and to establish a process for the application and awarding of grant money.

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. 392                                           Yeas—36

 

 

Alexander                          Hertel                      MacGregor                             Santana

Ananich                            Hollier                     McBroom                              Schmidt

Barrett                               Horn                        McCann                                 Shirkey

Bayer                                Irwin                       McMorrow                             Stamas

Brinks                               Johnson                   Moss                                     Theis

Bullock                             LaSata                     Nesbitt                                   VanderWall

Chang                                Lauwers                  Outman                                  Victory

Daley                                Lucido                     Polehanki                               Wojno

Geiss                                 MacDonald              Runestad                                Zorn

 

 

                                                                      Nays—1

 

 

Bumstead                                                                                                       

 

 

                                                                   Excused—1

 

 

Bizon                                                                                                             

 

 

                                                                 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.

The Senate agreed to the title of the bill.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Barrett introduced

Senate Joint Resolution Q, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 9 to article XI, to protect certain communications with members of the legislature.

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

 

 

Senator Outman introduced

Senate Bill No. 1160, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22210 (MCL 333.22210), as amended by 2014 PA 165.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

Senator Victory introduced

Senate Bill No. 1161, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1606 (MCL 324.1606), as amended by 2000 PA 414.

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

 

 

Senators Chang, Hertel, Wojno, Moss, Brinks, Bullock, Santana, Polehanki, Geiss, McMorrow, Bayer, Ananich and Hollier introduced

Senate Bill No. 1162, entitled

A bill to create the office of social work and police partnerships and to prescribe its powers and duties; to create the social work and police partnerships council and to prescribe its powers and duties; to prescribe the powers and duties of state departments and agencies; to create certain funds; to impose certain duties on certain state and local officials; to make appropriations for various state departments; and to provide for the expenditure of the appropriations.

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

 

 

Senators Santana, Chang, Hertel, Wojno, Irwin, Moss, Brinks, Bullock, Polehanki, Geiss, McMorrow, Bayer, Ananich and Hollier introduced

Senate Bill No. 1163, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 170.

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

 

 

Senators Bullock, Hollier, Wojno, Geiss, Chang, Bayer, Ananich and Hertel introduced

Senate Bill No. 1164, entitled

A bill to amend 2014 PA 319, entitled “Sexual assault victim’s access to justice act,” by amending the title and section 2 (MCL 752.952) and by adding section 6a.

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

 

 

Senators Bullock, Hollier, Wojno, Geiss, Chang, Bayer, Ananich and Hertel introduced

Senate Bill No. 1165, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21527 (MCL 333.21527), as amended by 2014 PA 320.

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

 

 

Senators Ananich, Chang, Hertel, Wojno, Santana, Moss, Brinks, Bullock, Polehanki, Geiss, McMorrow, Bayer, Irwin and Hollier introduced

Senate Bill No. 1166, entitled

An act to protect the privacy of individuals that report certain incidents of law enforcement officer misconduct; to prohibit the disclosure of the identity of individuals that report certain incidents of law enforcement officer misconduct; to provide exceptions to the prohibition from disclosure; and to prescribe civil sanctions.

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

 

 

Senators Geiss, Bullock, Chang, Wojno, Polehanki, Moss, Bayer and Ananich introduced

Senate Bill No. 1167, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 147c.

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

Senators Geiss, Chang, Hertel, Wojno, Moss, Brinks, Bullock, Santana, Polehanki, McMorrow, Bayer, Ananich and Hollier introduced

Senate Bill No. 1168, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.

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

 

 

Senator Chang introduced

Senate Bill No. 1169, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5506b.

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

 

 

Senator Chang introduced

Senate Bill No. 1170, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2012 PA 135.

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

 

 

Senator Chang introduced

Senate Bill No. 1171, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2014 PA 501.

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

 

 

Senators Runestad, Irwin, Polehanki and Theis introduced

Senate Bill No. 1172, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280h.

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

 

 

Senators Irwin, Polehanki and Runestad introduced

Senate Bill No. 1173, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280i.

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

 

 

Senators Theis, Irwin, Polehanki and Runestad introduced

Senate Bill No. 1174, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531e.

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

 

 

Senators Polehanki, Irwin and Runestad introduced

Senate Bill No. 1175, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2018 PA 235.

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

Senators Horn, Ananich, Hertel, Chang, Zorn, Polehanki and Daley introduced

Senate Bill No. 1176, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1248 and 1249 (MCL 380.1248 and 380.1249), section 1248 as added by 2011 PA 102 and section 1249 as amended by 2019 PA 6.

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

 

 

Senators Horn, Ananich, Hertel, Chang, Zorn, Polehanki and Daley introduced

Senate Bill No. 1177, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249b and 1250 (MCL 380.1249b and 380.1250), section 1249b as amended by 2019 PA 5 and section 1250 as amended by 2018 PA 601.

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

 

 

Senators Schmidt, MacGregor and Hertel introduced

Senate Bill No. 1178, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4hh.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senators MacGregor and Hertel introduced

Senate Bill No. 1179, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senators Hertel and MacGregor introduced

Senate Bill No. 1180, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4hh.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senator MacGregor moved that when the Senate adjourns on Thursday, October 8, it stand adjourned until Wednesday, October 21, at 10:00 a.m.; and when it adjourns on Wednesday, October 21, it stand adjourned until Wednesday, November 4, at 10:00 a.m.

The motion prevailed.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills and resolutions were printed and filed on Wednesday, September 30, and are available on the Michigan Legislature website:

Senate Bill Nos.    1151   1152   1153   1154  1155   1156   1157   1158  1159

Senate Concurrent Resolution No.        32

Senate Resolution Nos.     144    145

House Bill Nos.     6290  6291

 

 

Committee Reports

 

 

The Committee on Energy and Technology reported

House Bill No. 4288, entitled

A bill to prescribe the powers and duties of certain state governmental officers and entities; to create a statewide broadband service grant program; and to establish a process for the application and awarding of grant money.

With the recommendation that the following amendment be adopted and that the bill then pass:

1.  Amend page 9, following line 22, by inserting:

     “Enacting section 1. This act does not take effect unless House Bill No. 4268 of the 100th Legislature is enacted into law.”.

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

                                                                                       Dan Lauwers

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lauwers, Horn, LaSata, Nesbitt, Barrett, Outman and McCann

Nays: Senator Bumstead

The bill and the amendment recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, September 29, 2020, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Lauwers (C), Horn, LaSata, Nesbitt, Barrett, Bumstead, Outman, McCann, Brinks and McMorrow

 

 

The Committee on Regulatory Reform reported

Senate Bill No. 1095, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending section 3 (MCL 333.27953).

With the recommendation that the bill pass.

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Regulatory Reform reported

House Bill No. 4488, entitled

A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 338.41, 338.42, 338.43, 338.44, 338.45, 338.46, and 338.47), section 2 as amended by 2014 PA 361.

With the recommendation that the bill pass.

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

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Regulatory Reform reported

House Bill No. 4489, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 934 (MCL 600.934), as amended by 2004 PA 558.

With the recommendation that the bill pass.

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

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Regulatory Reform reported

House Bill No. 4490, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 105 (MCL 339.5105).

With the recommendation that the bill pass.

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

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Regulatory Reform reported

House Bill No. 4491, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16104 and 21755 (MCL 333.16104 and 333.21755), section 16104 as amended by 2011 PA 210.

With the recommendation that the bill pass.

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

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Regulatory Reform reported

House Bill No. 4492, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 104 (MCL 339.104), as amended by 2016 PA 412.

With the recommendation that the bill pass.

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

                                                                                       Aric Nesbitt

                                                                                       Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Regulatory Reform submitted the following:

Meeting held on Tuesday, September 29, 2020, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

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

 

 

The Committee on Natural Resources reported

Senate Bill No. 1121, entitled

A bill to amend 1911 PA 163, entitled “An act to provide for the election of inspectors of mines in certain cases and the appointment of their deputies, for the appointment of such inspectors of mines and their deputies until the election and qualification of the first inspectors of mines, to prescribe their powers and duties and to provide for their compensation, and to repeal Act No. 213 of the Public Acts of 1887,” by amending the title and sections 1 and 6 (MCL 425.101 and 425.106), section 1 as amended by 1984 PA 116; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

                                                                                       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, September 30, 2020, at 8:30 a.m., Room 403, 4th Floor, Capitol Building

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

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 299, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 2018 PA 473.

With the recommendation that the bill pass.

                                                                                       Tom Barrett

                                                                                       Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 426, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 233 (MCL 257.233), as amended by 2014 PA 290.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Tom Barrett

                                                                                       Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, Victory, Outman, Lauwers, Geiss, Bullock and Hollier

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

House Bill No. 4866, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 20a (MCL 257.20a), as amended by 2012 PA 239, and by adding section 30d.

With the recommendation that the bill pass.

                                                                                       Tom Barrett

                                                                                       Chairperson

To Report Out:

Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Wednesday, September 30, 2020, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier

 

 

The Committee on Finance reported

Senate Bill No. 676, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2014 PA 501.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

                                                                                       Jim Runestad

                                                                                       Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Finance reported

Senate Bill No. 1053, entitled

A bill to amend 1976 PA 225, entitled “An act to defer the collection of special assessments on homestead properties; to provide for conditions of eligibility for such a deferment; to prescribe the powers and duties of the department of treasury, local assessing officers, and local collecting officers; to provide for the advancement of moneys by the state to indemnify special assessment districts for losses from deferment of collections; to provide for the advancement of money by the state to an owner for the repayment of loans used by the owner to pay special assessments; to provide for the collection of deferred special assessments and interest thereon, and the disposition of these collections; to make an appropriation; and to prescribe penalties,” by amending section 2 (MCL 211.762), as amended by 1980 PA 403.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

                                                                                       Jim Runestad

                                                                                       Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Finance reported

Senate Bill No. 1076, 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.

With the recommendation that the bill pass.

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

                                                                                       Jim Runestad

                                                                                       Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Finance reported

Senate Bill No. 1137, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78g, 78i, 78l, and 78m (MCL 211.78g, 211.78i, 211.78l, and 211.78m), section 78g as amended by 2020 PA 33, section 78i as amended by 2015 PA 190, section 78l as amended by 2003 PA 263, and section 78m as amended by 2014 PA 501, and by adding section 78t.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

                                                                                       Jim Runestad

                                                                                       Chairperson

To Report Out:

Yeas: Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, September 30, 2020, at 12:00 noon, Room 403, 4th Floor, Capitol Building

Present: Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander

 

 

The Committee on Appropriations reported

Senate Bill No. 1052, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 3 (MCL 390.1663), as amended by 2013 PA 210.

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, Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, September 30, 2020, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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 Judiciary and Public Safety reported

Senate Bill No. 700, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 2d, 9a, 15, 18, 18g, 18h, and 18i (MCL 712A.1, 712A.2d, 712A.9a, 712A.15, 712A.18, 712A.18g, 712A.18h, and 712A.18i), section 1 of chapter XIIA as amended by 2019 PA 109, section 2d of chapter XIIA as amended by 1998 PA 478, sections 9a and 18h of chapter XIIA as added by 1996 PA 244, section 15 of chapter XIIA as amended by 2019 PA 111, sections 18 and 18i of chapter XIIA as amended by 2019 PA 102, and section 18g of chapter XIIA as added by 1996 PA 258.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Chang and Irwin

Nays: Senator Runestad

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 893, entitled

A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 7 (MCL 803.307), as amended by 1998 PA 517.

With the recommendation that the bill pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 894, entitled

A bill to amend 1996 PA 263, entitled “Juvenile boot camp act,” by amending section 5 (MCL 400.1305), as amended by 1998 PA 527.

With the recommendation that the bill pass.

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

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Thursday, October 1, 2020, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Advice and Consent submitted the following:

Meeting held on Thursday, October 1, 2020, at 8:30 a.m., Room 1100, Binsfeld Office Building

Present: Senators Nesbitt (C), Theis, McBroom and Hertel

 

 

Scheduled Meetings

 

 

Education and Career Readiness – Tuesday, October 6, 12:00 noon, Room 403, 4th Floor, Capitol Building (517) 373-5314 (CANCELED)

 

Oversight – Wednesday, October 7, 12:30 p.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 11:33 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, October 6, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate