STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Thursday, December 10, 2020.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator Curtis Hertel of the 23rd District offered the following invocation:
Heavenly Father, bless this body. God, we live in dangerous and divided times where it sometimes seems impossible to see the humanity in each other. While a virus runs through our land, the most dangerous virus may be the division in our country.
God, help us to see the good in each other. Remind us that evil does not know any race, color, creed, or political party. Help us to see the decency in each of us. Remind us of one of the most basic commandments You gave us—to love thy neighbor. No caveats—not ‘love my neighbor who agrees with me.’ It is easy to stoke the fears and exploit the anger of people for our own benefit to further divide this state and our nation. As public servants, our job is to find a way to look past our differences and to do what’s right for all Your people.
God, remind us that while we have an incredibly important job, that does not make us important people. Remind us that our fancy titles and offices do not make us infallible. Do not let our ego get in the way of what’s best for our state.
God, our people are hurting. And while we may disagree on the solutions or the cause, in the spirit of the holiday season let us all give of ourselves over the next two weeks to find common ground and put people first.
Finally, God, remind us that all of us go through trials and tribulations. Remind us that we have no idea the pain and the challenges in each other’s lives and that if we show grace and empathy and care for each other, we may find our way to make a better world.
God bless these members, God bless our staffs, God bless our families, and God bless the people of Michigan.
In the name of the Father and of the Son and of the Holy Spirit. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Senator Ananich entered the Senate Chamber.
Motions and Communications
Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5314, entitled
A bill to amend
1909 PA 283, entitled “An act to revise, consolidate, and add to the laws
relating to the establishment, opening, discontinuing, vacating, closing,
altering, improvement, maintenance, and use of the public highways and private
roads; the condemnation of property and gravel therefor; the building,
repairing and preservation of bridges; maintaining public access to waterways
under certain conditions; setting and protecting shade trees, drainage, and
cutting weeds and brush within this state; providing for the election or
appointment and defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe penalties and
provide remedies,” by amending section 10 of chapter IV (MCL 224.10), as
amended by 2004 PA 516.
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6b.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
House Bill No. 5085, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18817.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senate Bill No. 604, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17 and 29 (MCL 421.17 and 421.29), section 17 as amended by 2011 PA 269 and section 29 as amended by 2013 PA 146, and by adding section 29a.
Senate Bill No. 1253, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
Senate Bill No. 749, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senate Bill No. 241, entitled
A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; to prescribe the powers and duties of certain state officers and entities; to prohibit certain acts and practices of providers of water and sewerage service; and to provide for remedies and penalties for certain violations of this act.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senators Bullock and Shirkey entered the Senate Chamber.
House Bill No. 5314
House Bill No. 4170
House Bill No.
5085
Senate Bill No. 604
Senate Bill No. 1253
Senate Bill No. 749
Senate Bill No. 241
The motion prevailed, a majority of the members serving voting therefor.
Senator Moss entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Polehanki 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:
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 10 of chapter IV (MCL 224.10), as amended by 2004 PA 516.
House Bill No. 4170, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6b.
House Bill No. 5085, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18817.
House Bill No. 5002, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43532a (MCL 324.43532a), as amended by 2013 PA 246.
House Bill No. 5003, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43532 (MCL 324.43532), as amended by 2016 PA 463.
House Bill No. 5827, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16651 (MCL 333.16651), as added by 2018 PA 463.
House Bill No. 5575, entitled
A bill to amend
1984 PA 270, entitled “Michigan strategic fund act,” by amending section 90l
(MCL 125.2090l), as added by 2018 PA 423.
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.
House Bill No. 4924, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 421d.
House Bill No. 5197, entitled
A bill to amend 1992 PA 116, entitled “Records reproduction act,” (MCL 24.401 to 24.406) by adding section 2a.
House Bill No. 5198, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 491 (MCL 750.491), as amended by 2017 PA 182.
House Bill No. 5844, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16296 and 16299 (MCL 333.16296 and 333.16299), section 16299 as amended by 2012 PA 499.
House Bill No. 5854, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 904, 904a, and 905 (MCL 257.625, 257.904, 257.904a, and 257.905), section 625 as amended by 2017 PA 153, section 904 as amended by 2018 PA 212, and section 904a as amended by 1985 PA 53, and by adding section 83; and to repeal acts and parts of acts.
House Bill No. 5855, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1599 and 1809 (MCL 380.1599 and 380.1809), section 1809 as added by 1995 PA 96.
House Bill No. 5856, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40118, 41105, 47327, 48738, 80104, 80177, 80178b, 81101, 81134, 82101, 82128, and 82129b (MCL 324.40118, 324.41105, 324.47327, 324.48738, 324.80104, 324.80177, 324.80178b, 324.81101, 324.81134, 324.82101, 324.82128, and 324.82129b), section 40118 as amended by 2017 PA 124, sections 41105 and 47327 as added by 1995 PA 57, section 48738 as amended by 2014 PA 541, section 80104 as amended by 2020 PA 72, section 80177 as amended by 2014 PA 402, section 80178b as added by 2014 PA 402, sections 81101 and 81134 as amended by 2014 PA 405, section 82101 as amended by 2016 PA 294, section 82128 as amended by 2014 PA 404, and section 82129b as added by 2014 PA 404.
House Bill No. 5857, entitled
A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending sections 257 and 267 (MCL 462.257 and 462.267).
House Bill No. 5851, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7408a (MCL 333.7408a), as amended by 2012 PA 501.
House Bill No. 5852, entitled
A bill to amend
1927 PA 175, entitled “The code of criminal procedure,” by amending section 1e
(MCL 769.1e), as amended by 2000 PA 220.
A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending section 3 (MCL 565.103), as amended by 2018 PA 572.
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).
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).
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.
House Bill No. 5553, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 102.
House Bill No. 5570, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 106.
The bills were placed on the order of Third Reading of Bills.
House Bill No. 5178, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 206b.
Substitute (S-2)
House Bill No. 4923, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16u of chapter XVII (MCL 777.16u), as amended by 2000 PA 279.
Substitute (S-1)
House Bill No. 5846, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 204a, 208, 303, 304, 317, 319, 320e, 321a, 328, and 907 (MCL 257.204a, 257.208, 257.303, 257.304, 257.317, 257.319, 257.320e, 257.321a, 257.328, and 257.907), section 204a as amended by 2016 PA 332, section 208 as amended by 2006 PA 565, section 303 as amended by 2012 PA 498, section 304 as amended by 2018 PA 48, section 317 as amended by 2018 PA 566, section 319 as amended by 2016 PA 358, section 320e as amended by 2003 PA 152, section 321a as amended by 2017 PA 236, section 328 as amended by 2015 PA 135, and section 907 as amended by 2015 PA 126; and to repeal acts and parts of acts.
Substitute (S-2)
House Bill No. 5847, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 701 and 703 (MCL 436.1701 and 436.1703), section 701 as amended by 2020 PA 78 and section 703 as amended by 2019 PA 131.
Substitute (S-1)
House Bill No. 5849, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2011 PA 234.
Substitute (S-2)
House Bill No. 5850, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 28 (MCL 552.628), as amended by 2009 PA 193.
Substitute (S-1)
House Bill No. 5853, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 239, 312a, 325, 503, 624b, 677a, 682c, 698, 707c, and 907 (MCL 257.208b, 257.239, 257.312a, 257.325, 257.503, 257.624b, 257.677a, 257.682c, 257.698, 257.707c, and 257.907), section 208b as amended by 2019 PA 88, section 312a as amended by 2016 PA 318, section 503 as added by 2013 PA 218, section 624b as amended by 2003 PA 61, section 682c as added by 2012 PA 262, section 698 as amended by 2018 PA 342, and section 907 as amended by 2015 PA 126.
Substitute (S-1)
House Bill No. 6235, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8827 (MCL 600.8827), as amended by 2003 PA 95.
Substitute (S-1)
House Bill No. 4098, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 21903, 21905, 21907, 21909, 21911, 21913, 21915, 21919, 21921, and 21923 (MCL 333.21903, 333.21905, 333.21907, 333.21909, 333.21911, 333.21913, 333.21915, 333.21919, 333.21921, and 333.21923), as added by 2017 PA 172.
Substitute (S-1)
House Bill No. 5735, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending sections 4 and 6 (MCL 28.304 and 28.306), as amended by 2020 PA 243.
Substitute (S-1)
House Bill No. 5770, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending sections 3, 5, and 11 (MCL 445.903, 445.905, and 445.911), section 3 as amended by 2018 PA 211 and section 5 as amended by 2006 PA 508, and by adding section 3l.
Substitute (S-1)
House Bill No. 4313, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43525c.
Substitute (S-1)
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 2, following line 6, by inserting:
“(d) An individual who holds a lifetime small game license, lifetime sportsperson’s license, or a comprehensive lifetime hunting and fishing license issued under section 44102.”.
House Bill No. 4792, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21106 (MCL 324.21106).
Substitute (S-1)
Senate Bill No. 1111, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307, 314, and 811 (MCL 257.307, 257.314, and 257.811), section 307 as amended by 2018 PA 604, section 314 as amended by 2020 PA 127, and section 811 as amended by 2006 PA 589.
Substitute (S-3)
Senate Bill No. 1112, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2020 PA 128.
Substitute (S-3)
During the Committee of the Whole, Senators Hollier, Geiss and Santana entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 5314
House Bill No. 4170
House Bill No. 5085
House Bill No. 5002
House Bill No. 5003
House Bill No. 5827
House Bill No. 5575
House Bill No. 5178
House Bill No. 4866
House Bill No. 4923
House Bill No. 4924
House Bill No. 5197
House Bill No. 5198
House Bill No. 5844
House Bill No. 5854
House Bill No. 5855
House Bill No. 5856
House Bill No. 5857
House Bill No. 5846
House Bill No. 5847
House Bill No. 5849
House Bill No. 5850
House Bill No. 5852
House Bill No. 5851
House Bill No. 5853
House Bill No. 6235
House Bill No. 4098
House Bill No. 5611
House Bill No. 5426
House Bill No. 5427
House Bill No. 6190
House Bill No. 5735
House Bill No. 5770
House Bill No. 5553
House Bill No. 5570
House Bill No. 4313
House Bill No. 4792
Senate Bill No. 1111
Senate Bill No. 1112
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 bill:
House Bill No. 5314
The motion prevailed.
The following bill was read a third time:
House Bill No. 5314, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 10 of chapter IV (MCL 224.10), as amended by 2004 PA 516.
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. 492 Yeas—35
Alexander Geiss MacDonald Santana
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Daley Lucido Runestad
Nays—3
Bumstead Nesbitt Victory
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4170, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6b.
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. 493 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
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:
House Bill No. 5085, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18817.
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. 494 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5002, entitled
A bill to amend
1994 PA 451, entitled “Natural resources and environmental protection act,” by
amending section 43532a (MCL 324.43532a), as amended by 2013 PA 246.
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. 495 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5003, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43532 (MCL 324.43532), as amended by 2016 PA 463.
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. 496 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5827, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16651 (MCL 333.16651), as added by 2018 PA 463.
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. 497 Yeas—37
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Daley
Nays—1
Stamas
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5575, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 90l (MCL 125.2090l), as added by 2018 PA 423.
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. 498 Yeas—33
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks LaSata Moss VanderWall
Bullock Lauwers Nesbitt Victory
Chang Lucido Outman Wojno
Daley MacDonald Polehanki Zorn
Geiss
Nays—5
Barrett Johnson Runestad Theis
Bumstead
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5178, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 206b.
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. 499 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 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.
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. 500 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4923, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16u of chapter XVII (MCL 777.16u), as amended by 2020 PA 58.
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. 501 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bumstead
Excused—0
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:
House Bill No. 4924, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 421d.
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. 502 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain 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:
House Bill No. 5197, entitled
A bill to amend
1992 PA 116, entitled “Records reproduction act,” (MCL 24.401 to 24.406) by
adding section 2a.
The 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. 503 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to designate and regulate the method and medium for the storage and reproduction of certain records; to provide for the certification of certain records; and to prescribe the powers and duties of certain governmental entities and officials,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5198, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 491 (MCL 750.491), as amended by 2017 PA 182.
The 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. 504 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain 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:
House Bill No. 5844, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16296 and 16299 (MCL 333.16296 and 333.16299), section 16299 as amended by 2012 PA 499.
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. 505 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5854, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 904, 904a, and 905 (MCL 257.625, 257.904, 257.904a, and 257.905), section 625 as amended by 2017 PA 153, section 904 as amended by 2018 PA 212, and section 904a as amended by 1985 PA 53, and by adding section 83; and to repeal acts and parts of acts.
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. 506 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The Senate agreed to the full title.
The motion prevailed.
Senator Santana’s statement is as follows:
I just want to say that this package of bills here is also a part of all of the hard work and dedication by the Pretrial Incarceration Task Force that we’ve had over the past two years.
These bills will help support individuals who have misdemeanors on their record and changing some of the misdemeanors in our statutes to citations and also changing some of our felony violations that did not make sense to be felonies to misdemeanors. I want to say that our House members as well as our Senate members here who worked on this package of bills have worked really hard and dedicated their time to making sure that this legislation was not only meaningful for the people who are impacted by it, but also meaningful for our state.
We are one of the states that unfortunately incarcerates a lot of people pre-trial, where they don’t have the opportunity to have their fair day in court but still be out of being in jail prior to that timeframe. A lot of people—because they can’t make bail or they couldn’t pay their ticket—they’re sitting in jail and not being able to take care or sustain their families during that time. I’m really excited that this legislation is passing today on this floor in the Senate because it’s so meaningful to a lot of Michiganders here in our state.
I want to say thank you all in advance for leading on this package of bills by supporting this package.
The following bill was read a third time:
House Bill No. 5855, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1599 and 1809 (MCL 380.1599 and 380.1809), section 1809 as added by 1995 PA 96.
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. 507 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5856, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40118, 41105, 47327, 48738, 80104, 80177, 80178b, 81101, 81134, 82101, 82128, and 82129b (MCL 324.40118, 324.41105, 324.47327, 324.48738, 324.80104, 324.80177, 324.80178b, 324.81101, 324.81134, 324.82101, 324.82128, and 324.82129b), section 40118 as amended by 2017 PA 124, sections 41105 and 47327 as added by 1995 PA 57, section 48738 as amended by 2014 PA 541, section 80104 as amended by 2020 PA 72, section 80177 as amended by 2014 PA 402, section 80178b as added by 2014 PA 402, sections 81101 and 81134 as amended by 2014 PA 405, section 82101 as amended by 2016 PA 294, section 82128 as amended by 2014 PA 404, and section 82129b as added by 2014 PA 404.
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. 508 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5857, entitled
A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending sections 257 and 267 (MCL 462.257 and 462.267).
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. 509 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
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 railroads and their employees; to prescribe powers and duties of certain state and local agencies and officials; to prescribe fees; to create certain funds; to provide for the disposition of certain money; to provide remedies and penalties; and to repeal certain acts and parts of acts,”
The
Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5846, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 204a, 208, 303, 304, 306a, 307, 317, 319, 320e, 321a, and 328 (MCL 257.204a, 257.208, 257.303, 257.304, 257.306a, 257.307, 257.317, 257.319, 257.320e, 257.321a, and 257.328), section 204a as amended by 2016 PA 332, section 208 as amended by 2006 PA 565, section 303 as amended by 2012 PA 498, section 304 as amended by 2018 PA 48, section 306a as amended by 2020 PA 127, section 307 as amended by 2018 PA 604, section 317 as amended by 2018 PA 566, section 319 as amended by 2016 PA 358, section 320e as amended by 2003 PA 152, section 321a as amended by 2017 PA 236, and section 328 as amended by 2015 PA 135; and to repeal acts and parts of acts.
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. 510 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The
Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5847, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 701 and 703 (MCL 436.1701 and 436.1703), section 701 as amended by 2020 PA 78 and section 703 as amended by 2019 PA 131.
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. 511 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bumstead
Excused—0
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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5849, entitled
A bill to amend
1961 PA 236, entitled “Revised judicature act of 1961,” by amending section
151d (MCL 600.151d), as amended by 2020 PA 172.
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. 512 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5850, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 28 (MCL 552.628), as amended by 2009 PA 193.
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. 513 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5852, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1e (MCL 769.1e), as amended by 2000 PA 220.
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. 514 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
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:
House Bill No. 5851, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7408a (MCL 333.7408a), as amended by 2012 PA 501.
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. 515 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5853, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 239, 312a, 325, 624b, 677a, 682c, 698, 707c, and 907 (MCL 257.208b, 257.239, 257.312a, 257.325, 257.624b, 257.677a, 257.682c, 257.698, 257.707c, and 257.907), section 208b as amended by 2019 PA 88, section 312a as amended by 2016 PA 318, section 624b as amended by 2003 PA 61, section 682c as added by 2012 PA 262, section 698 as amended by 2018 PA 342, and section 907 as amended by 2015 PA 126.
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. 516 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 6235, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8827 (MCL 600.8827), as amended by 2003 PA 95.
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. 517 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bumstead
Excused—0
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 and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4098, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 21903, 21905, 21907, 21909, 21911, 21913, 21915, 21919, 21921, and 21923 (MCL 333.21903, 333.21905, 333.21907, 333.21909, 333.21911, 333.21913, 333.21915, 333.21919, 333.21921, and 333.21923), as added by 2017 PA 172.
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. 518 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5611, entitled
A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending section 3 (MCL 565.103), as amended by 2018 PA 572.
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. 519 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 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:
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).
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. 520 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a program under which volunteers may provide services to organizations in this state to respond to cybersecurity incidents; to provide for protection from liability for personal injury and property damage; to provide for the powers and duties of state governmental officers and agencies; and to create the Michigan cyber civilian corps advisory board and prescribe its powers and duties,”
The Senate agreed to the full title.
The following bill was read a third time:
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).
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. 521 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a program under which volunteers may provide services to organizations in this state to respond to cybersecurity incidents; to provide for protection from liability for personal injury and property damage; to provide for the powers and duties of state governmental officers and agencies; and to create the Michigan cyber civilian corps advisory board and prescribe its powers and duties,”
The Senate agreed to the full title.
The following bill was read a third time:
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.
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. 522 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—1
Irwin
Excused—0
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5735, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 6 (MCL 28.306), as amended by 2020 PA 243.
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. 523 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 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 authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5770, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending sections 3, 5, and 11 (MCL 445.903, 445.905, and 445.911), section 3 as amended by 2018 PA 211 and section 5 as amended by 2006 PA 508, and by adding section 3l.
The question being on the of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 524 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5553, entitled
A bill to amend
2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to
250.2091) by adding section 102.
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. 525 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
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:
House Bill No. 5570, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 106.
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. 526 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not 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:
House Bill No. 4792, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21106 (MCL 324.21106).
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. 527 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4313, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43525c.
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. 528 Yeas—37
Alexander Geiss MacDonald Santana
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Runestad Zorn
Daley
Nays—1
Polehanki
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The
Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 1111, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2018 PA 604.
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. 529 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1112, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2020 PA 242.
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. 530 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator MacGregor moved that the Senate recess until 2:00 p.m.
The motion prevailed, the time being 12:06 p.m.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:01 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Polehanki 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:
A bill to amend
1978 PA 368, entitled “Public health code,” by amending sections 16170a, 16222,
16231, 16238, and 17201 (MCL 333.16170a, 333.16222, 333.16231, 333.16238, and
333.17201), section 16170a as amended by 2013 PA 268, section 16222 as amended
by 2014 PA 97, section 16231 as amended by 2017 PA 249, section 16238 as added
by 1993 PA 79, and section 17201 as amended by 2016 PA 499, and by adding
sections 16190, 17225, and 17225a.
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.
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.
House Bill No. 4490, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 105 (MCL 339.5105).
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.
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.
The bills were placed on the order of Third Reading of Bills.
House Bill No. 4159, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8, 13, 13b, 15, and 16 (MCL 125.2652, 125.2658, 125.2663, 125.2663b, 125.2665, and 125.2666), section 2 as amended by 2018 PA 203, section 8 as amended by 2016 PA 471, and sections 13, 13b, 15, and 16 as amended by 2017 PA 46.
Substitute (S-1)
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 30, line 17, after “more” by inserting “but fewer than 54”.
2. Amend page 30, following line 18, by inserting:
“(viii) For authorities that have 54 or more but fewer than 74 active projects, $700,000.00.
(ix) For authorities that have 74 or more but fewer than 99 active projects, $900,000.00.
(x) For authorities that have 99 or more active projects, $1,000,000.00.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
House Bill No. 4508, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2016 PA 114, and by adding chapter 12b.
Substitute (S-3)
Senate Bill No. 1182, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 43 (MCL 338.2243), as amended by 2015 PA 75.
Substitute (S-1)
House Bill No. 4186, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 4 (MCL 445.64), as added by 2018 PA 649.
Substitute (S-1)
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 1, line 9, after “entity” by striking out the comma and “as that term is” and inserting “or a third-party agent that is subject to the data breach notification act. As used in this subsection, “covered entity” and “third-party agent” mean those terms as”.
House Bill No. 4187, entitled
A bill to require certain entities to provide notice to certain persons in the event of a breach of security that results in the unauthorized acquisition of sensitive personally identifying information; to provide for the powers and duties of certain state governmental officers and entities; and to prescribe penalties and provide remedies.
Substitute (S-1)
By unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 4042
House Bill No. 4159
House Bill No. 4488
House Bill No. 4489
House Bill No. 4490
House Bill No. 4491
House Bill No. 4492
House Bill No. 4508
Senate Bill No. 1182
House Bill No. 4186
House Bill No. 4187
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 4042
The motion
prevailed.
The following bill was read a third time:
House Bill No. 4042, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16170a, 16222, 16231, 16238, and 17201 (MCL 333.16170a, 333.16222, 333.16231, 333.16238, and 333.17201), section 16170a as amended by 2013 PA 268, section 16222 as amended by 2014 PA 97, section 16231 as amended by 2017 PA 249, section 16238 as added by 1993 PA 79, and section 17201 as amended by 2016 PA 499, and by adding sections 16190, 17225, and 17225a.
The 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. 531 Yeas—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson
Nays—17
Alexander Chang Irwin Moss
Ananich Geiss McBroom Polehanki
Bayer Hertel McCann Santana
Brinks Hollier McMorrow Wojno
Bullock
Excused—0
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The
Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4159, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8, 13, 13b, 15, and 16 (MCL 125.2652, 125.2658, 125.2663, 125.2663b, 125.2665, and 125.2666), section 2 as amended by 2018 PA 203, section 8 as amended by 2016 PA 471, and sections 13, 13b, 15, and 16 as amended by 2017 PA 46.
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. 532 Yeas—33
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks LaSata Moss VanderWall
Bullock Lauwers Nesbitt Victory
Chang Lucido Outman Wojno
Daley MacDonald Polehanki Zorn
Geiss
Nays—5
Barrett Johnson Runestad Theis
Bumstead
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,”
The Senate agreed to the full title.
The following bill was read a third time:
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.
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. 533 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
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.
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. 534 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—1
Johnson
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4490, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 105 (MCL 339.5105).
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. 535 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 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.
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. 536 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The Senate agreed to the full title.
The following bill was read a third time:
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.
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. 537 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,”
The
Senate agreed to the full title.
The motion prevailed.
Senator Moss’ statement is as follows:
I really just wanted to briefly thank everybody for helping to move this package forward. I’m speaking on behalf of the Representative from Michigan’s 8th District over in the House of Representatives who is the sponsor of this bill.
This has been a bipartisan, bicameral effort through and through for the past four years and the fact that we’re in the final throes of this getting to the Governor’s desk is a huge achievement and an acknowledgement to all of our hard work on making sure that somebody’s good moral character—the definition of ‘good moral character’—isn’t held against them as they seek to right the wrongs from their past and get a fair shot for employment here in the state of Michigan.
I just wanted to say we’ve made it—this four-year process. I want to thank all our colleagues for their support, specifically the chairman of the Regulatory Reform Committee for his help on this today, and just wanted to say it warrants a “yes” vote.
The following bill was read a third time:
House Bill No. 4508, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1202, 4151, 4153, 4155, 4158, 4159, 4160, 4165, 5228, 5230, and 5245 (MCL 500.1202, 500.4151, 500.4153, 500.4155, 500.4158, 500.4159, 500.4160, 500.4165, 500.5228, 500.5230, and 500.5245), section 1202 as amended by 2016 PA 114, sections 4151, 4153, 4155, and 4165 as amended and sections 4158, 4159, and 4160 as added by 2012 PA 544, section 5228 as amended by 1994 PA 226, and section 5245 as amended by 2006 PA 290, and by adding chapter 12b and section 4166.
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. 538 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The
recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 1182, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 43 (MCL 338.2243), as amended by 2019 PA 71.
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. 539 Yeas—34
Ananich Hollier McBroom Santana
Bayer Horn McCann Schmidt
Bizon Irwin McMorrow Shirkey
Brinks Johnson Moss Stamas
Bullock LaSata Nesbitt VanderWall
Chang Lauwers Outman Victory
Daley Lucido Polehanki Wojno
Geiss MacDonald Runestad Zorn
Hertel MacGregor
Nays—4
Alexander Barrett Bumstead Theis
Excused—0
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 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:
House Bill No. 4186, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 4 (MCL 445.64), as added by 2018 PA 649.
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. 540 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prohibit certain acts and practices concerning identity theft; to require notification of a security breach of a database that contains certain personal information; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4187, entitled
A bill to
require certain entities to provide notice to certain persons in the event of a
breach of security that results in the unauthorized acquisition of sensitive
personally identifying information; to protect and promote the safety of
sensitive personally identifying information; to provide for the powers and
duties of certain state governmental officers and entities; and to prescribe
penalties and provide remedies.
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. 541 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Bullock’s statement is as follows:
2020 has truly been a challenging year and this week, Detroit, Wayne County, and the state lost a warrior of the people, a true servant of the people, in Jewel Ware. Five minutes is not enough time to really express what her life meant to the people.
Jewel was a mentor to many, myself, and she was a friend of mine. She helped me with a lot of political insight, so a lot of my political literacy comes from a lot of folks who helped me as I grew up, and although she didn’t work directly under this dome, her influence was represented in both chambers by many who have. She was affectionately known as the dean of the commission and served as a Wayne County commissioner since 1994. Throughout her career, she was a ‘super she-ro’ and an advocate for many but especially to the seniors and youth in our community. To see her impact, you had to actually be at one of the senior homes and watch how they lit up when she arrived or her famous tent bingo games where folks were bussed in from all around the community just to engage and laugh and fellowship with her. She was always serious when it came to getting seniors and the people services ensuring that the city and county were held accountable to their residents. I recently was on a stop prior to the election during this pandemic and she was especially cautious for health reasons—we were all masked up and she was elbowing everybody—but when you saw her, you just wanted to hug her, folks wanted to hug her, and she was clear that she wasn’t hugging anybody that day, except that Senator Bullock was the only person she was hugging—that was the last time I was with her.
I’m really here just to say that we miss her. Please keep her family and all those who she touched in your prayers.
A moment of silence was observed in memory of Jewel Ware, member of the
Wayne County Commission.
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 4:15 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Polehanki 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. 1253, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.
Senate Bill No. 1219, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b and 5l (MCL 28.425b and 28.425l), as amended by 2017 PA 95.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 604, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17 and 29 (MCL 421.17 and 421.29), section 17 as amended by 2011 PA 269 and section 29 as amended by 2013 PA 146, and by adding section 29a.
Substitute (S-5)
Senate Bill No. 749, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
Substitute (S-2)
Senate Bill No. 241, entitled
A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; to prescribe the powers and duties of certain state officers and entities; to prohibit certain acts and practices of providers of water and sewerage service; and to provide for remedies and penalties for certain violations of this act.
Substitute (S-2)
Senate Bill No. 289, entitled
A bill to create the child abuse offenders registry; to prescribe the powers and duties of certain departments and agencies in connection with that registry; and to prescribe penalties and sanctions.
Substitute (S-5)
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator MacGregor moved that the Senate proceed to consideration of the following resolution:
House Concurrent Resolution No. 29
The motion prevailed.
House Concurrent Resolution No. 29.
A concurrent resolution opposing the enactment and enforcement of a state law, under a federal mandate, that requires the suspension or revocation or the delay of issuance or reinstatement, of a driver’s license to an individual convicted of a drug offense.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 5:02 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senate Bill No. 1256, entitled
A bill to amend 2018 PA 365, entitled “Small wireless communications facilities deployment act,” by amending sections 3 and 5 (MCL 460.1303 and 460.1305).
The
bill was read a first and second time by title and referred to the Committee on
Energy and Technology.
Senators Schmidt and MacGregor introduced
Senate Bill No. 1257, entitled
A bill to amend 2020 PA 238, entitled “An act to prohibit an employer from taking certain actions against an employee who does not report to work under certain circumstances related to COVID-19; to prohibit an employee from reporting to work under certain circumstances related to COVID-19; to prohibit discrimination and retaliation for engaging in certain activities; and to provide remedies,” by amending sections 1 and 5 (MCL 419.401 and 419.405).
The bill was read a first and second time by title.
Senator MacGregor moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
Senators MacGregor and Schmidt introduced
Senate Bill No. 1258, entitled
A bill to amend 2020 PA 238, entitled “An act to prohibit an employer from taking certain actions against an employee who does not report to work under certain circumstances related to COVID-19; to prohibit an employee from reporting to work under certain circumstances related to COVID-19; to prohibit discrimination and retaliation for engaging in certain activities; and to provide remedies,” by amending sections 1 and 5 (MCL 419.401 and 419.405).
The bill was read a first and second time by title.
Senator MacGregor moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
Senator Horn introduced
Senate Bill No. 1259, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 29 (MCL 421.29), as amended by 2020 PA 229.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 1219
Senate Bill No. 289
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 1219
Senate Bill No. 289
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 1219, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b and 5l (MCL 28.425b and 28.425l), as amended by 2017 PA 95.
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. 542 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 289, entitled
A bill to create the child abuse offenders database; to prescribe the powers and duties of certain departments and agencies in connection with that database; to prescribe penalties and sanctions; and to create the child abuse offenders database citizen’s advisory panel.
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. 543 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—1
Irwin
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Hertel’s statement is as follows:
The story of this bill starts with a boy named Wyatt and the tenacity of his mother. At 18-months-old, Wyatt was violently shaken by his father’s new girlfriend. He had a fractured skull, a major brain bleed, suffered permanent brain damage, went blind in one eye, had broken ribs, and years later continues to have severe cognitive and developmental delays. The abuse was so severe, Wyatt almost died. But, because of amazing doctors and nurses and the tenacity to live—which I believe he got from his mother—Wyatt was able to survive.
This abuse—this attack—could absolutely have been prevented. The woman who did this to Wyatt had previously been convicted twice of abusing another child. Wyatt’s mother Erica knew that something wasn’t right with her ex-husband’s new girlfriend, but continually hit roadblocks trying to find information about her. Erica repeatedly asked the Friend of the Court to intervene by requiring a background check or provide her the proper information so that she could run a check herself. Her pleas were refused. I can tell you that, again, if you’ve met her, she is very tenacious. No stone was left unturned. But without a date of birth and location of her previous convictions, Erica had no way to access this life-saving information.
When you look up in the Gallery, Erica is joined by Christyne Kadlitz whose son Travis was also abused by Wyatt’s abuser. Through their common tragedy, Erica and Christyne have become tireless advocates, good friends, and have been in this building now for three different session cycles at the end of lame duck trying to get this bill passed.
Any reasonable person should be able to find information to protect their loved ones against a convicted child abuser. This is information that is public knowledge—it is publicly-available knowledge we just make it harder for people to get. All we’re trying to do is to make this information easy for a parent to get. This legislation does just that.
It’s been a long journey for Wyatt, for Erica, for Christyne, and for Travis to ensure that their story is a catalyst for change. I urge you to vote “yes” on this legislation to remove barriers for parents to protect their children from child abusers and to ensure that what happened to Wyatt does not happen to another child here in Michigan.
Senator Shirkey’s statement is as follows:
With all that is going on in this world today, the year 2020 in particular, our attention and efforts are easily drawn to the stories that dominate the headlines while the stories of our citizens run the risk of getting lost in the noise. Many of you are aware of legislation sponsored by my good friend and colleague Senator Hertel that is referenced to be Wyatt’s Law. It’s sponsor has been a passionate and consistent advocate for passage of this bill to create an online child abuse database, but the true champions and activists behind this legislation are Erica Hammel, Wyatt’s mom; and Christyne Kadlitz, representing her son Travis who experienced abuse as well.
As my friend just recounted, Ms. Hammel experienced a tragedy no other mother should endure. She suspected someone close to her child had been capable of violence but Ms. Hammel had no way to verify her intuition. The individual in question did indeed abuse Wyatt in a most horrendous way. The abuse the individual inflicted upon Ms. Hammel’s son Wyatt was so severe, it will impact Wyatt’s life for the rest of his life. But even more upsetting is that the individual has twice been convicted of child abuse in the past, something Ms. Hammel would have known because she would have followed her intuition if a law such as the one before us today had been in place.
There is no force greater—no force more formidable—on this earth than a mother acting in defense of her child. This database is the direct result of Ms. Hammel’s work to ensure the experience of her family was a catalyst for change to help protect children into the future. It is our duty as legislators, as law enforcement workers, as moms, as dads, as grandparents, as aunts and uncles, and others to ensure that this database is a useful and used tool in preventing convicted child abusers from having the opportunity to harm more children. We ask that you join us in support of this bill and that you join us in recognizing Wyatt’s mom, Erica Hammel, and Christyne Kadlitz who are in the north Gallery as champions for Wyatt and the children throughout Michigan from today and forward. I ask for your support.
By unanimous consent the Senate returned to the order of
Messages from the Governor
The following message from the Governor was received on December 10, 2020, and read:
EXECUTIVE ORDER
No. 2020-193
Protect Michigan Commission
Department of Health and Human Services
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. COVID-19 has already taken the lives of more than 10,000 Michiganders and fundamentally disrupted our way of life.
But through tireless effort, a return to normal is in sight. An approved COVID-19 vaccine, once available, is our best hope for eliminating and eradicating this virus.
Scientists worldwide are working together to develop COVID-19 vaccines through a proven process involving extensive safety testing. In the United States, this process has produced safe and effective vaccines for the flu, polio, measles, mumps, and more. While the development process for the COVID-19 vaccine has been accelerated, no steps in that rigorous process have been omitted. As of the date of this order, two requests for emergency use authorization of COVID-19 vaccines are under review by the U.S. Food and Drug Administration.
The creation of a statewide Protect Michigan Commission will heighten awareness of the safety and effectiveness of an approved COVID-19 vaccine, educate the people of this state, and help protect the health and safety of all Michigan residents.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.
Section 8 of article 5 of the Michigan Constitution of 1963 obligates the governor to take care that the laws be faithfully executed.
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. Creation of the Protect Michigan Commission
(a) The Protect Michigan Commission (“Commission”) is created as an advisory body within the Department of Health and Human Services (“Department”).
(b) The Commission must consist of:
(1) The lieutenant governor;
(2) The
chief medical executive,
(3) At least 50 members appointed by the governor representing various sectors and communities within this state and reflecting the diverse geographic, economic, racial, cultural, age, gender, and occupational composition of this state.
2. Charge to the Commission
(a) The Commission must act in an advisory capacity to the governor and must do the following:
(1) Provide public leadership to elevate and reinforce the importance of an approved COVID-19 vaccine;
(2) Identify barriers that may impede the acceptance of an approved COVID-19 vaccine by Michigan residents, which must include, but not be limited to, identifying areas or groups within this state that are likely to experience vaccine hesitancy;
(3) Support the development and implementation of an outreach action plan designed to overcome these barriers and encourage use of an approved COVID-19 vaccine;
(4) Coordinate with the Racial Disparities Task Force and other relevant task forces, committees and commissions working on similar issues and consider relevant recommendations;
(5) Provide input on, and assist in the distribution of, educational and promotional materials designed to heighten awareness of, and encourage use of an approved COVID-19 vaccine by Michigan residents;
(6) Identify opportunities to coordinate its efforts and resources with those of the various individuals and entities working on the federal, state, and local levels to ensure as widespread use as possible of an approved COVID-19 vaccine by Michigan’s population; and
(7) Provide other advice and take other action as requested by the governor.
(b) The Commission must complete its work and submit a final report to the governor by December 31, 2021, including a brief summary of the efforts of this Commission and its conclusions. The Commission is dissolved on December 31, 2021.
3. Operations of the Commission
(a) The Department must assist the Commission in the performance of its duties and provide personnel to staff the counsel. Any budgeting, procurement, and related management functions must be performed under the direction and supervision of the director of the Department.
(b) The Commission must adopt procedures, consistent with this order and applicable law, governing its organization and operations.
(c) The Commission must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The governor must designate the chairperson and vice chairperson of the Commission.
(e) The governor may appoint one or more individuals to serve as honorary chairpersons of the Commission.
(f) The Commission must meet at the call of its chairperson and as otherwise provided in the procedures adopted by the Commission. The Commission must meet at least quarterly until December 31, 2021.
(g) The Commission may establish advisory workgroups, which may include Commission members, representatives of state departments or agencies, or members of the public as deemed necessary by the Commission to assist the Commission in performing its duties and responsibilities. The Commission may adopt, reject, or modify any recommendations proposed by an advisory workgroup.
(h) The Commission may, as appropriate, make inquiries, studies and investigations, hold hearings, and receive comments from the public. The Commission also may consult with outside experts to perform its duties, including experts in the private sector, organized labor, government agencies, and at institutions of higher education.
(i) The Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties as the director of the Department deems advisable and necessary, consistent with this order and applicable law, rules, and procedures, subject to available funding.
(j) The Commission may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used in accordance with law.
(k) Members of the Commission must not receive additional compensation for their participation. Members of the Commission may receive reimbursement for necessary travel and expenses consistent with applicable law, rules, and procedures, subject to available funding.
(l) Members of the Commission must refer all legal, legislative, and media contacts to the Department.
4. Implementation
(a) All
departments, committees, commissioners, or officers of this state must give to
the Commission, or to its chairperson, any necessary assistance required by the
Commission, or its chairperson, in the performance of the duties of the
Commission so far as is compatible with their duties and consistent with this
order and applicable law. Free access also must be given to any books, records,
or documents in their custody relating to matters within the scope of inquiry,
study, or review of the Commission, consistent with applicable law.
(b) This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.
(c) Nothing in this order should be construed to change the organization of the executive branch of state government or the assignment of functions among its units, in a manner requiring the force of law.
(d) If any portion of this order is found to be unenforceable, the rest of the order remains in effect.
(e) This order is effective upon filing.
Given under my hand and the great seal of the State of Michigan.
Date: December 10, 2020
Gretchen Whitmer
[SEAL] Governor
By the Governor:
Jocelyn Benson
Secretary of State
The executive order was referred to the Committee on Government Operations.
By unanimous consent the Senate returned to the order of
Motions and Communications
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 5:53 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
Senate Bill No. 1253
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 1253
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 1253, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.
The question being on the passage of the bill,
Senator Ananich offered the following amendment:
1. Amend page 2, line 18, after “sooner.” by striking out the balance of the line through “legislature.” on line 21.
The question being on the adoption of the amendment,
Senator
Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 544 Yeas—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not Voting—0
In The Chair: President
Senator Brinks offered the following amendment:
1. Amend page 2, following line 21, by inserting:
“Sec. 5140. (1) An individual shall wear a face mask under the following circumstances during the COVID-19 pandemic:
(a) When in an indoor public space.
(b) When outdoors if the individual is unable to consistently maintain a distance of 6 feet or more from another individual who is not a member of the same household.
(c) When waiting for or riding on public transportation, while in a taxi or ride-sharing vehicle, or when using a private car service as a means of hired transportation.
(2) As used in this section:
(a) “Coronavirus” means coronavirus disease 2019 (COVID-19).
(b) “COVID-19 pandemic” means the period of time in which a state of disaster or state of emergency is declared by the governor related to coronavirus or if the director determines that coronavirus is a threat to public health.
(c) “Face mask” means a covering for an individual’s nose and mouth for sanitary purposes.”.
The question being on the adoption of the amendment,
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 545 Yeas—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not Voting—0
In The Chair: President
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. 546 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protests
Senators Geiss, McMorrow, Hollier, Alexander, Bayer, Moss and Santana under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1253.
Senators Geiss and McMorrow moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Geiss’ statement is as follows:
I rise today to give my “no” vote explanation for Senate Bill No. 1253, a bill to institute time limits on epidemic orders issued by the Department of Health and Human Services and only allowing for extensions if the Legislature approves them via resolution of both chambers.
As a reminder—and listen, this is important—article IV, section 51 of the Michigan State Constitution of 1963—under public health and general welfare—is clear on our duties regarding such matters. It states, “[t]he public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health.”
This bill is the exact opposite of that provision in the State Constitution. And heretofore as it relates specifically to the current health crisis—the COVID-19 pandemic—this body—nay, this entire Legislature—has been derelict in its duties to “pass suitable laws for the protection and promotion of the public health” as the second sentence of article IV, section 51 reads. Addressing the pandemic is indeed “a matter of primary public concern,” as the first sentence reads in part.
Since we have failed miserably at this constitutional duty, thank goodness someone—in the name of the Michigan Department of Health and Human Services—has it handled. For us to stymie and prohibit the primary department also responsible for promoting and protecting public health from not only a pandemic but clearly from us and the legislative majority’s lackadaisical attitude to a pandemic that is ever-present and continues to rage on is not just irresponsible—it’s absurd.
We owe the people of the state of Michigan better than this bill, which does little more than bog down a process where swift, intelligent actions grounded in science are warranted. I implore members of this chamber to join me in voting “no.”
Senator McMorrow’s statement, in which Senators Hollier, Alexander, Bayer, Moss and Santana concurred, is as follows:
Yesterday I read a story in the Free Press that knocked me completely on my—A 33-year-old woman who was eight months pregnant got sick with COVID-19. She was induced and gave birth to a healthy baby boy last week and she never got to hold him. Her brother said she had a normal labor. She gave birth to her son, but didn’t get to hold him because right after she gave birth, that’s when they put in the tube and from there she started declining. Thirty-three years old with no underlying health conditions. I am 34 years old and just shy of eight months pregnant. I read this story and I went home and I told my husband about it and he said he had also read it and was afraid to send it to me.
I don’t want to be a broken record here but half of this Legislature is currently not here, shut down from doing its work, because this Legislature has failed to even get its own house in order. We have double the rate of positive cases of COVID-19 in this Legislature than the rest of the state and I introduced a resolution 230 days ago to allow contingency plans for the Legislature to meet remotely to continue its work. Two hundred and thirty days, but this bill and this Legislature has the gall to ask and demand in statute that public health experts come to this Legislature which hasn’t done anything in 230 days after only 28 days to ask for permission to do their duty to protect public health.
We are seeing now that the efforts that MDHHS has made over the past few weeks are working—case rates are coming back down—and again I stand up here and repeat that it is our duty to listen to public health experts and do what we need to do to ensure that people are not forced to choose between their life and their livelihood. It is our duty to step up and make sure people can afford to do the things that public health experts are saying that we need to do just for the next few months to get through until there are widely-available vaccines because help is on the way.
I’ve really struggled with this story for the past few days. We keep
hearing that this is something we just need to accept—that it is what it is,
that Mother Nature wins—and I don’t know about everybody else in this room but
I refuse to accept that. I refuse to accept that it’s OK for a 33-year-old,
healthy woman on the verge of delivering a child to die unnecessarily. I urge a
“no” vote on this bill.
Senators Ananich, Brinks, McBroom, Geiss, Hertel and Theis asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Ananich’s statement is as follows:
We need to adopt my amendment because Senate Bill No. 1253 is, again, an unconstitutional legislative veto. Our Constitution is very clear—all legislation must be by bill and must be presented to the Governor to become a law. Instead, this bill would allow legislators to exercise authority reserved to the executive branch and allow enactment of legislation without passing a bill into law. We frequently hear a lot of talk about upholding the Constitution in this body and so it’s interesting that this bill is going against the separation of powers in the Constitution.
Senator Brinks’ statement is as follows:
My amendment to Senate Bill No. 1253 is quite simple. It would require individuals to wear a face mask in indoor public places, outdoors where social distancing protocols cannot be properly adhered to, and while using public transportation or private car service. This change will ensure that we are listening to our scientists, epidemiologists, and other public health experts by using the best tool we have to mitigate the spread of the virus. Leaders in this Legislature have repeatedly stated that they wanted more of a say in response to the pandemic. Yet nearly nine months later, we have yet to see a concrete and comprehensive plan or corresponding legislation to adequately protect public health and ultimately beat this virus.
Colleagues, we have found ways to work together on some COVID-19 measures and we can, and must, do so again. We have worked together to give businesses support to retain their employees, to get them the proper PPE and testing, to keep their staff and customers safe, and we have gone to great lengths to provide grants and loans to businesses so that livelihoods could be maintained and preserved. We’ve worked together to extend unemployment benefits, although those too are set to run out, as I am sure you are all aware. Nobody is questioning that those things are all important. Of course they are.
But what has been sorely lacking from this Legislature are any real efforts to prevent and limit the spread of this virus, to either support the Governor’s efforts or to come up with another plan that sufficiently protects the health and economic well-being of Michiganders. Our health care professionals, our hospitals, and our public health experts have been pleading with us to require these simple measures to save lives. Our schools, our businesses, and those made vulnerable by health conditions need us to do these simple things. Wear masks, maintain proper social distance, wash our hands, and limit contact with people outside our households. These, my friends, are what will allow us to keep our schools and business open, to be able to visit loved ones again, to sustain our economy, and get through this time before a vaccine is available with as little damage as possible. Yet these simple things seem to have been derailed by those who would rather make this a political fight and refuse to acknowledge that this is a public health crisis.
We all know that this virus does not discriminate based on party affiliation or politics. And today, I am asking you to take what should be an easy vote, to put good public health policy before party and to put people lives before politics. This is an opportunity for us to come together again and save lives by fighting this virus, not each other. I hope you will join me in support of this amendment today.
Senator McBroom’s first statement is as follows:
Well first off, I’m glad to hear that we have actually have been voting on COVID policy over the last several weeks and months, it’s nice to hear that acknowledged. But here we go again with the pot calling the kettle black. Oh my goodness, ‘This amendment that I’m introducing is completely devoid of politics, it’s just good public policy. There’s no politics here, nothing to see folks, just pure good public policy, no politics.’ Yet there’s no commitment here that if we adopt this really outstanding good public policy amendment that the remainder of the bill that was just derided a few minutes ago as unconstitutional, will receive any support; because that part is all about politics. Mr. President, politics is a natural part of this process, it is not something that we avoid, it’s the reality. For one side to claim that the other side is all of the politics and we’re none of the politics is a complete mischaracterization of politics itself. This amendment whether we want to argue the merits or not of the policy itself presented this way, is certainly not devoid of politics. Without a commitment to support the rest of the policy, which would put the Legislature into at least a position where we are no longer completely emasculated by the administration in the determination of policy itself regarding this problem we’re facing is just politics. I encourage a “no” vote on this and support for the final bill.
Senator McBroom’s second statement is as follows:
Mr. President, I’m really pleased by the previous speaker’s acknowledgement that the Legislature has a constitutional obligation to pass laws in regard to the health and welfare of the people of this state. I wish they would also look to see that the powers of the state are vested into a House and a Senate, powers that we have to pass legislation that have been thoroughly abrogated by the current administration, appallingly abrogated.
The very problem that this legislation seeks to address is that abrogation, is that emasculation, is that neutering that has happened to the Legislature. The previous speakers denounce what they see as a lack of action—200-some days of lack of action here—but do nothing to address how powerless we actually are. Powerless to do anything, powerless to do our constitutional duty. They acknowledge that it’s our job but they ignore that the actions they’re condoning—done by the administration—are only allowed to be done by the administration because the Legislature passed laws allowing that. Some Legislature in the past said, ‘Oh, no big deal. Let the Governor handle that. We’ll never need to be involved again.’
Well, that’s where we’re at. That’s why we’re trying to get involved. That’s why we want to be part of the process. Meanwhile, I constantly hear, ‘How upsetting it is that there’s such an uprising amongst the countryside’ and ‘lack of civility’ and ‘anger and hostility’ and ‘not accepting responsibility’ and ‘not accepting that we’re trying to do what’s best for you. We just care about you; we just want to save everybody’s life.’ People are mad that, ‘How come these people out there, those hicks in the sticks, aren’t paying attention to that. We care about them.’
But we live in a society that is based on the consent of the governed, one that is built on a foundation that when we have disputes—when we don’t know what we should do—we don’t just let one person make the decisions for us. We come here, we elect people to come here, and represent us and have the discussions, have the debate, have the votes, and let the majority opinion run the day. And you know what, the majority’s not always right. Sometimes the majority’s dead wrong and makes stupid decisions, and yet that’s how it’s supposed to be. We’re supposed to have that.
With the current administration’s interpretation of laws—that this Legislature of the past said was OK—we can’t do that. Every time we try to edge in, veto. Not going to do it. Can’t have that. I don’t like it. We wonder why people are angry? Because they don’t know whether they’re in the majority opinion or the minority opinion because they don’t get a chance to voice their opinion. One person makes the decisions. Here’s our chance to reassert some sort of opportunity for the real democratic process to work here, instead of one person.
Look, I’m OK with the 1976 law. I’m OK with what this says, look, there’s emergencies happen. The Legislature can’t get here within enough time. Things need to be done for that first month, but this has been ten blooming months and we still get left to the sideline. We get a little meeting once in a while—‘oh, I heard what you had to say, thanks anyway’—it’s revolting. It’s appalling. We have a leader who has literally said, ‘I will not give up any of my power.’ Is that what this nation is founded on—executives who refuse to give up power? That’s not what I heard from George Washington. I ask for your support.
Senator Geiss’ statement is as follows:
I just want to comment on what our good friend from the 38th District said and reminds folks that this is not the forum or referendum for having an argument with the executive branch. Yes, we have had ten months to do something about the pandemic. Not a last gasp attempt at three days left in this legislative term, at least for this chamber, who knows what’s going on across the hall. They’re not here because of COVID, because of our failed actions.
So I urge a “no” vote on this because it is a half measure, it is a partial measure, and it doesn’t give the 30 that is being utilized by the Department of Health and Human Services to address the pandemic in a scientific and real way. That is why I am urging a “no” vote on this. You need to do sensible, science-based actions and listen to the experts in science and public health.
Senator McBroom’s third statement is as follows:
Mr. President, I guess I’m just very puzzled as to how we can both be responsible enough to not come to the Legislature and stay home and at the same time be responsible enough to have been here sooner to have voted on stuff. It doesn’t make any sense to me either. I mean, here we are. If this is not the time for a forum on executive power, I’m not sure when that time is. How can one say that now is not the time? Now is as good a time as any time should be to express the need for this body to assert itself into the process that it has been taken out of. Yes, we need to use science—we need to have that—but it is also a society governed by the consent of the majority. Right now it’s not.
Senator Hertel’s statement is as follows:
With all due respect to the previous speaker, if anyone feels neutered in this body it’s because they’ve neutered themselves. For months now, what I have heard from the other side of the aisle is all the things that we’re not willing to do—the Governor shouldn’t do this, we shouldn’t have a mask mandate, we shouldn’t close down restaurants, we shouldn’t do anything. When you have a list of things that you are willing to do to protect the public—when you have a list of policies that you are willing to put forward—then that is a reasonable discussion we can all have. I would be happy to sit down on any bill of that regard. But you have to actually be for something. Politics and governing is not about a list of complaints. It’s not about standing up and telling us all the things you’re opposed to. At some point you have to put out a plan to actually protect people.
My family has served combined about 100 years of service to the state and almost all of it has been in the Michigan Legislature and I am a firm believer in the supremacy of the legislative branch, but we have to act like actual leaders in order to actually make that work. We have to have a plan and work together to actually solve it together. Again, all I’ve heard for the last eight months is opposition. When people want to put out a plan—you know, we just had a vote on mask mandates that was a partisan vote. Stop telling us what you’re against and tell us what you’re for. We’d be happy to have that conversation.
Senator Theis’ statement is as follows:
Reading from the Michigan Supreme Court opinion, “[t]hese provisions impose nothing more than a durational limitation on the Governor’s authority. The Governor’s declaration of a state of emergency or state of disaster may only endure for 28 days absent legislative approval of an extension. So, if the Legislature does nothing, as it did here, the Governor is obligated to terminate the state of emergency or state of disaster after 28 days. A durational limitation is not the equivalent of a veto.”
The Michigan Supreme Court could not have been more clear when it ruled that Governor Whitmer was acting unconstitutionally as she went it alone on COVID-19. Instead of working with the Legislature and giving us the science, the Governor has tapped the unelected bureaucrats who work for her in the state department to issue more confusing and contradictory orders. Unelected and unaccountable DHHS bureaucrats should not in perpetuity be able to issue freedom-restricting and business-killing emergency orders that disrupt lives and threaten livelihoods. The Supreme Court made it clear that even after declaring an emergency, Governor Whitmer does not have the right to extend such orders without legislative approval and neither should her employee—an attorney, not a doctor—Robert Gordon.
Senate Bill No. 1253 will ensure the people have a say in the matter by limiting emergency orders issued by DHHS for 28 days and require that any extension of such orders receive legislative approval before taking effect just like what is required of the Governor. When the Court ruled against the Governor, it clearly said she should work with the Legislature to combat the virus. We would love to. Like the Court, the people we represent know that overcoming emergencies takes teamwork and they want their voices heard.
I urge you to support this bill because as one we should be facing this together, and this bill will help to make sure that we do.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 6:36 p.m.
6:44 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 943
The motion prevailed.
A bill to amend
1893 PA 206, entitled “The general property tax act,” by amending section 51
(MCL 211.51), as amended by 2012 PA 57.
(This bill was returned from the House on July 22 with a House substitute (H-2), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 60, p. 1257.)
The question being on concurring in the substitute made to the bill by the House,
Senator MacGregor offered the following substitute to the House substitute:
Substitute (S-2).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on concurring in the House substitute as substituted,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 547 Yeas—27
Alexander Geiss MacGregor Shirkey
Barrett Horn McBroom Stamas
Bizon Johnson McCann Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Runestad Zorn
Daley MacDonald Schmidt
Nays—11
Ananich Hertel McMorrow Santana
Bayer Hollier Moss Wojno
Chang Irwin Polehanki
Excused—0
Not Voting—0
In The Chair: President
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 749
Senate Bill No. 241
Senate Bill No. 604
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 749
Senate Bill No. 241
Senate Bill No. 604
The motion
prevailed.
The following bill was read a third time:
Senate Bill No. 749, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.
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. 548 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 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. 241, entitled
A bill to prescribe the powers and duties of public water suppliers in this state; to prescribe the powers and duties of certain state and local officers and entities; to require certain reporting requirements by public water suppliers; and to repeal acts and parts of acts.
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. 549 Yeas—30
Alexander Geiss McCann Shirkey
Ananich Hertel McMorrow Stamas
Bayer Hollier Moss Theis
Bizon Horn Outman VanderWall
Brinks Irwin Polehanki Victory
Bullock LaSata Santana Wojno
Chang MacDonald Schmidt Zorn
Daley MacGregor
Nays—8
Barrett Johnson Lucido Nesbitt
Bumstead Lauwers McBroom Runestad
Excused—0
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Senator Chang asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Chang’s statement is as follows:
Thank you for my colleagues for bringing this bill up for a vote today. We are the Great Lakes State, surrounded by fresh water. Every person, regardless of how much they have their bank account, must have access to clean water to drink and to wash their hands, especially during a pandemic. Washing your hands with soap and water is one of the most basic steps people can take to reduce the chance that they become infected and to slow the spread of the virus. Addressing water shutoffs is a public health issue, an economic security issue, and a moral issue. Data from the state shows that over 317, 000 Michigan households were behind in their water bills during the pandemic, and I can only imagine, with all our families continuing to struggle financially, that the numbers have gone up. These households are in little villages, suburban towns, and big cities all across our state. This week, my city of Detroit took a historic step on water shutoffs. I am relieved and happy for my Detroit residents, but until Senate Bill No. 241 is signed into law, more than 200,000 other Michigan households in your districts outside Detroit would be vulnerable. This bill will place into statute the Governor’s Executive Order No. 2020-144 and ensure that no Michigander has their water shutoff during the pandemic, with a March 31 sunset, and providers will continue to restore water if they identify households who were shut off and they will report critical data to our state.
As our residents continue to face unprecedented challenges during the pandemic, we must make sure they have access to the most basic thing that we need to live-water. Thank you, from the bottom of my heart, to the many water warriors who have worked so hard over the years, fighting for our residents in need and bringing them water. And, thank you to the impressive coalition of water providers, environmental advocates, faith leaders, social workers, nurses, civil rights groups, and more who came together on this issue. I will always be grateful. Colleagues, I urge your support for Senate Bill No. 241.
The following bill was read a third time:
Senate Bill No. 604, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17, 27, 28c, 28d, 29, 32, 32c, and 48 (MCL 421.17, 421.27, 421.28c, 421.28d, 421.29, 421.32, 421.32c, and 421.48), sections 17, 27, 28c, 28d, 29, 32, and 48 as amended and section 32c as added by 2020 PA 229, and by adding section 29a.
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. 550 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Statements
Senators Moss, Ananich and Irwin asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Moss’ statement is as follows:
Tonight is the first night of Hanukkah. And, it’s been a lame duck tradition of sorts to pause during session to light the small menorah on the front lawn of the Capitol. Unfortunately, we can’t this year due to the pandemic and the inability to set it up every morning and take it down every night. We also typically would gather in Campus Martius in Detroit tonight to light the thirty-foot menorah there and celebrate the Festival of Lights as a Jewish community. Instead, a virtual ‘Menorah in the D’ has been streaming tonight. I’ve been watching it from my desk on the Senate floor. Five hundred-plus people have joined on to watch it take place and celebrate this holiday distantly, responsibly, and safely. Hanukkah is the story of the liberation of the temple in Jerusalem by Judah and the Maccabees. And when they attempted to light the menorah, only one cup of oil could be found to light it for just one day, but the light of the menorah endured for not just for one day, but eight days. What a relevant story to reflect upon today. Just when we think sometimes during this year that we were down to our last cup of oil, whatever that might mean to you, we’ve endured and endured and endured. So, as we celebrate the Festival of Lights, I wish you nothing but light as we go forward here for the rest of the year and into the holiday season.
Senator Ananich’s statement is as follows:
I was going to say that I do not do this very much but I’m not sure if I’ve ever done this before. I rarely talk about myself or my personal life. Sometimes I do individually, but rarely from this podium. When I was a young child my mom was diagnosed with cancer and unfortunately, at a young age, she passed. What happens often or at least in my case fortunately, a number of other mothers wrapped their arms around me and became like second mothers. Growing up I had a core group of very good friends that I’d met when I was very young, many before elementary school. As it often happens in life, some of us stayed and some of us went other places. Many of you probably know the experience when you know someone for most of your life and you may not talk to them for a period of time, but when you see them you connect as if you never left, right? Well, when I was diagnosed and was dealing with COVID much like many of you did, which I deeply appreciate and hopefully have told you all, my good friend George Ghattas—Georgie when we were growing up—reached out and checked on me a number of times. We connected like we always did, as if it had never stopped. As I was walking my dog, like I’ve talked to many of you as I walk my dog at night after I’ve finished with my phone calls, I checked on him, and he unfortunately told me that his mom had also contracted the virus and that she was in the hospital on a ventilator. I checked in on them, they thought she was doing better, they got a really good report on an X-ray of her lungs. I checked on them again, and she’s doing better. All she needs is time.
Unfortunately on Monday, she—Diane Ghattas—passed away. Now she was also my art teacher. If you’ve seen any of my drawings, that’s not her fault, but she was a tremendous artist and a really good teacher. She touched my life as a teacher in elementary school and as a second mother. One of her parting phrases to family and friends, and I am reading it out of the obituary, but I don’t need to because she said it to me so many times, “God bless you and keep you safe.” She always meant it, you could just tell from the way she hugged you and put her arms around you. I don’t get up here very often and do memorials or talk about things, I just deal with them as many people do, privately.
But when someone touches your life like that and touches the life of so many other people—and because obviously the funeral will be very private—they asked me to go but so many people that she taught, or she got to know from church or other things won’t be able to go, I thought it fitting to say some kind words about her here. Because we have become somewhat of a work family I thought I should share a part of my other family with you. She was married to her husband Elie for 46 years and they were that epitome of a couple that you could tell every single day was better than the one before. Their son Georgie and I grew up together. He was a groomsman in my wedding. His brother Joey, or Joe now, still lives here in Michigan. Georgie lives in Chicago. Thank God they were able to spend so many summers together in Lake Leelanau, in Wayne’s district, and had such close family and friends with them all of the time. Obviously I wish she’d had more time on this earth, but the time she had was very special and it was a life well lived. Because I didn’t get to tell her this, I just hope—well I am not sure it helps anyone else, but talking about it comforts me and sometimes that’s important.
So thank you for allowing me to talk to you for a minute, allowing me to express my sadness and my positive memories about a really special woman. Thank you, God bless you, and I hope you have a good weekend.
Senator Irwin’s statement is as follows:
Today I just really briefly want to rise to thank you, my colleagues. Today we passed two important measures that will help our people.
I’ve asked at this podium several times over the summer and the fall, for UIA extensions and enhancements in the payments that our unemployed workers get and today by passing legislation, we’ve used our power for good. We’ve extended UIA payments for families and people that are hurting in this pandemic. It’s not enough, but it’s going to make this winter a little easier for many of our residents and their families and children who are going to face this season wanting, so I thank you for that.
I also thank you for passing protections against water shutoffs. This is essential during the pandemic and something that many of us have been asking for many months.
I just want to rise to thank my colleagues for the bipartisan support for these important COVID relief measures. We have power in this Legislature, we can come together to use it for good and in those ways we did so today.
Announcements of Printing and Enrollment
Senate Bill No. 1255
Senate Resolution Nos. 154 155
House Bill Nos. 6508 6509
Committee Reports
The Committee on Families, Seniors, and Veterans reported
House Bill No. 5975, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2020 PA 6, and by adding section 4b.
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.
John Bizon, M.D.
Chairperson
To Report Out:
Yeas: Senators Bizon, Barrett, Runestad, Johnson and Zorn
Nays: Senator Alexander
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Families, Seniors, and Veterans reported
House Bill No. 5977, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 2 (MCL 722.112), as amended by 2017 PA 257.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
John Bizon, M.D.
Chairperson
To Report Out:
Yeas: Senators Bizon, Barrett, Runestad, Johnson and Zorn
Nays: Senator Alexander
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors, and Veterans submitted the following:
Meeting held on Wednesday, December 9, 2020, at 3:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators Bizon (C), Barrett, Runestad, Johnson, Zorn, Bullock and Alexander
Senator MacGregor moved that the Senate adjourn.
The motion prevailed, the time being 7:05 p.m.
The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, December 15, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate