No. 87

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, November 18, 2020.

 

10:00 a.m.

 

 

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

Motions and Communications

 

 

The following communication was received and read:

Michigan Legislature

November 17, 2020

Pursuant to the authority granted in Joint Rule 15 of the Senate and House of Representatives you are hereby notified that we have unanimously determined there is a need to convene the House of Representatives on Tuesday, December 1, 2020 at 1:30 p.m. We respectfully request that you prepare all necessary notices and communications for this session of the House of Representatives.

      Sincerely,

      Mike Shirkey                                                                       Lee Chatfield

      Senate Majority Leader                                                       Speaker of the House

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Stephanie Chang

November 12, 2020

Per Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to Senate Bills 833-842 which were introduced on March 12, 2020 and was referred to the Senate Committee on Oversight.

                                                                                                   Sincerely,

                                                                                                   Stephanie Chang

                                                                                                   State Senator, District 1

The communication was referred to the Secretary for record.

 

Pursuant to rule 3.104 the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Bayer, Hollier, Polehanki, Irwin, Santana, Chang, Bullock, Geiss, Wojno, Moss, McCann, Brinks and Stamas introduced

Senate Bill No. 1225, 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 bill was read a first and second time by title and referred to the Committee on Appropriations.

Senators Irwin, McBroom, Bayer, Geiss, Moss, Bullock, Hollier and McMorrow introduced

Senate Bill No. 1226, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2016 PA 319.

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

 

 

Senators Irwin, McMorrow, Alexander and Bullock introduced

Senate Bill No. 1227, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 33, 35a, 36, 216, 217b, 660, 679a, and 706 (MCL 257.2b, 257.33, 257.35a, 257.36, 257.216, 257.217b, 257.660, 257.679a, and 257.706), section 2b as amended by 2016 PA 332, section 33 as amended by 2018 PA 391, sections 35a and 36 as amended by 2013 PA 231, section 216 as amended by 2020 PA 127, section 217b as amended by 2000 PA 82, and section 660 as amended by 2018 PA 394, and by adding sections 655c and 801m.

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

 

 

Senators Irwin, Hollier, McBroom, Bayer, Geiss, Chang and Santana introduced

Senate Bill No. 1228, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310e.

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

 

 

Senators Irwin, Hollier, McBroom, Bayer, Geiss, Chang and Bullock introduced

Senate Bill No. 1229, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310f.

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

 

 

Senators Irwin, Hollier, McBroom, Bayer, Geiss, Chang, Bullock and Santana introduced

Senate Bill No. 1230, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310d (MCL 380.1310d), as added by 2016 PA 360.

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

 

 

Senators McCann, Bullock, Geiss and Bayer introduced

Senate Bill No. 1231, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m (MCL 777.12m), as amended by 2019 PA 134.

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

 

 

Senators McCann, Bullock, Geiss and Bayer introduced

Senate Bill No. 1232, entitled

A bill to amend 1988 PA 426, entitled “An act to regulate dangerous animals; to provide for the confinement, tattooing, or destruction of dangerous animals; and to provide penalties for the owners or keepers of dangerous animals that attack human beings,” by amending the title and sections 1, 2, and 3 (MCL 287.321, 287.322, and 287.323) and by adding sections 2a, 2b, 2c, 2d, 2e, 3a, and 3b.

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

Senators Hertel, Schmidt, Victory, Daley, Irwin, Outman, Lauwers, Bullock, Chang, McMorrow, McCann, Wojno, MacGregor, Brinks, Moss, Alexander, Zorn, Hollier, Bayer and Geiss introduced

Senate Bill No. 1233, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21.

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

 

 

Senator Runestad introduced

Senate Bill No. 1234, 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.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills and resolutions were printed and filed on Thursday, November 12, and are available on the Michigan Legislature website:

Senate Bill Nos.     1215   1216   1217   1218   1219   1220   1221   1222   1223   1224

Senate Concurrent Resolution No.   34

Senate Resolution Nos.      150     151     152

 

 

Committee Reports

 

 

The Committee on Health Policy and Human Services reported

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.

With the recommendation that the bill pass.

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

                                                                                                  Curtis S. VanderWall

                                                                                                  Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Health Policy and Human Services submitted the following:

Meeting held on Thursday, November 12, 2020, at 1:00 p.m., Senate Hearing Room, Ground Floor,
Boji Tower

Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

 

 

The Committee on Energy and Technology reported

Senate Bill No. 1133, entitled

A bill to create a propane commission and to prescribe its powers and duties; to prescribe the powers and duties of certain state governmental officers and entities; to levy an assessment on the distribution of certain propane products; to provide for the administration, collection, and disposition of the assessment; to impose a late fee on certain assessments; to make and supplement appropriations; to create certain funds; to provide for the promulgation of rules; to provide for a referendum; and to provide remedies and penalties.

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.

                                                                                                  Dan Lauwers

                                                                                                  Chairperson

To Report Out:

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

Nays: Senator McMorrow

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

 

 

The Committee on Energy and Technology reported

House Bill No. 5426, entitled

A bill to amend 2017 PA 132, entitled “Cyber civilian corps act,” by amending sections 2, 3, 4, 5, 6, and 7 (MCL 18.222, 18.223, 18.224, 18.225, 18.226, and 18.227).

With the recommendation that the bill pass.

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

                                                                                                  Dan Lauwers

                                                                                                  Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Energy and Technology reported

House Bill No. 5427, entitled

A bill to amend 2017 PA 132, entitled “Cyber civilian corps act,” by amending sections 9 and 10 (MCL 18.229 and 18.230).

With the recommendation that the bill pass.

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

                                                                                                  Dan Lauwers

                                                                                                  Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Energy and Technology submitted the following:

Meeting held on Thursday, November 12, 2020, at 2:30 p.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building

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

 

 

The Committee on Regulatory Reform reported

House Bill No. 5217, entitled

A bill to prohibit postsecondary educational institutions in this state and certain athletic organizations from preventing a college athlete from receiving compensation for the use of his or her name, image, or likeness rights.

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, 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. 5218, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 411e (MCL 750.411e); and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

                                                                                                  Aric Nesbitt

                                                                                                  Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, 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. 6190, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12521, 12522, 12523, 12524, 12525, 12526, 12527, 12527a, 12528, 12529, 12530, 12531, 12531a, 12532, 12533, and 12534 (MCL 333.12521, 333.12522, 333.12523, 333.12524, 333.12525, 333.12526, 333.12527, 333.12527a, 333.12528, 333.12529, 333.12530, 333.12531, 333.12531a, 333.12532, 333.12533, and 333.12534), sections 12521, 12527, 12527a, 12528, 12529, and 12532 as amended by 2004 PA 408, section 12522 as amended by 2014 PA 430, section 12525 as amended by 1980 PA 522, section 12531a as added by 1989 PA 153, and section 12533 as amended by 1989 PA 153.

With the recommendation that the bill pass.

                                                                                                  Aric Nesbitt

                                                                                                  Chairperson

To Report Out:

Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, 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 Thursday, November 12, 2020, at 4:00 p.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building

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

Excused: Senator Zorn

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Thursday, November 12, 2020, at 8:30 a.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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Insurance and Banking submitted the following:

Meeting held on Thursday, November 12, 2020, at 9:00 a.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

 

The Committee on Advice and Consent submitted the following:

Meeting held on Thursday, November 12, 2020, at 12:00 noon, Room 1100, Binsfeld Office Building

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education and Career Readiness submitted the following:

Meeting held on Thursday, November 12, 2020, at 2:30 p.m., Room 403, 4th Floor, Capitol Building

Present: Senators Theis (C), Horn, Bumstead, Daley, Polehanki and Geiss

Excused: Senator Runestad

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on General Government submitted the following:

Meeting held on Thursday, November 12, 2020, at 3:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators Victory (C), MacDonald and Irwin

Excused: Senator Bumstead

 

 

Scheduled Meetings

 

 

Families, Seniors, and Veterans – Tuesday, December 1, 3:00 p.m., Room 403, 4th Floor, Capitol Building (517) 373-1721

 

Judiciary and Public Safety – Thursday, November 19, 10:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-5312

 

Oversight and House Oversight – Thursday, November 19, 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-5312

 

 

In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:03 a.m.

 

In pursuance of the order previously made, the Secretary of the Senate declared the Senate adjourned until Tuesday, December 1, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate