No. 109

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, November 13, 2019.

 

10:00 a.m.

 

 

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

 

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

 

 

Alexander用resent Horn用resent Outman用resent

Ananich用resent Irwin用resent Polehanki用resent

Barrett用resent Johnson用resent Runestad用resent

Bayer用resent LaSata用resent Santana容xcused

Bizon用resent Lauwers用resent Schmidt用resent

Brinks用resent Lucido用resent Shirkey用resent

Bullock用resent MacDonald用resent Stamas用resent

Bumstead用resent MacGregor用resent Theis用resent

Chang用resent McBroom用resent VanderWall用resent

Daley用resent McCann用resent Victory用resent

Geiss用resent McMorrow用resent Wojno用resent

Hertel用resent Moss用resent Zorn用resent

Hollier容xcused Nesbitt用resent


 

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

Dear Father, I come before You this morning as just another person that You have blessed so richly and someone You have given grace to. Father, I praise You for being gracious and merciful and I beg that You would continue to show mercy to Your people雄our people here in Michigan, Your people here in the Michigan Senate.

Father, help us to be aware of our sinfulness. Help us to be aware of our shortcomings. Help us to be aware of the evil that is so easily pervading our speech, our writing, our society around us. Help us to be aware of how we are a part of that揺ow we can so easily fall into the traps葉raps that slander other people, hurt other people, traps that keep our society from functioning well, tear families apart, and tear a nation apart.

Father, forgive us. Forgive us as a nation for our many sins, for failing to protect the widows, the orphans, the poor, for failing to stand for righteousness, for failing to even seek to know what You have laid out is righteousness. Father I confess these things to You. I pray that You will help us to be mindful that all the blessings that this nation has that we enjoy as a nation and we enjoy as individuals are due to You. You are the giver of all good things, and You have given us Your Son. You have provided a way to know You, to hear from You, and to be close to You, and to spend eternity with You.

Father I pray this morning that You will bless our deliberations, that You will help us have grace with each other, patience with each other, and that we will work together to promote righteousness and good laws for Your people. Help us to guard our tongues. Help us to guard our actions. Make us thoughtful and seeking to do what is right.

I pray especially You will watch over our families and loved ones at home, that You will keep them safe and that You will give each of us wonderful time with them in the weeks to come, that You will help us to be safe ourselves and to work hard for our people back in our districts.

Thank You for this opportunity to serve You and help each of us to remember that we work for You in all that we do to bring glory to You.

I pray these things in Jesus name. Amen.

 

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

 

 

Motions and Communications

 

 

Senator Chang moved that Senators Ananich and Geiss be temporarily excused from today痴 session.

The motion prevailed.

 

Senator Chang moved that Senators Hollier and Santana be excused from today痴 session.

The motion prevailed.

 

Senator Ananich entered the Senate Chamber.

 

 

Senator MacGregor moved that the Committee on Government Operations be discharged from further consideration of the following bill:

Senate Bill No. 595, entitled

A bill to authorize the state administrative board to accept and convey real property in Grand Traverse County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

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

The motion prevailed.

 

 

Recess

 

 

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

The motion prevailed, the time being 10:08 a.m.

11:43 a.m.

 

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

 

During the recess, Senator Geiss entered the Senate Chamber.

 

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

House Bill No. 4687

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

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

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

House Bill No. 4451

House Bill No. 4710

House Bill No. 4306

Senate Bill No. 369

House Bill No. 5084

Senate Bill No. 306

Senate Bill No. 349

Senate Bill No. 586

Senate Bill No. 587

Senate Bill No. 588

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4451, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406u.

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. 305 Yeas36

 

 

Alexander Daley MacDonald Runestad

Ananich Geiss MacGregor Schmidt

Barrett Hertel McBroom Shirkey

Bayer Horn McCann Stamas

Bizon Irwin McMorrow Theis

Brinks Johnson Moss VanderWall

Bullock LaSata Nesbitt Victory

Bumstead Lauwers Outman Wojno

Chang Lucido Polehanki Zorn

 

 

Nays0

 

 

Excused2

 

 

Hollier Santana

Not Voting0

 

 

In The Chair: Nesbitt

 

 

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

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

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

鄭n 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痴 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:

House Bill No. 4710, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending the heading of part 165 and sections 16215, 16322, 16501, 16511, 16521, 16525, and 16529 (MCL 333.16215, 333.16322, 333.16501, 333.16511, 333.16521, 333.16525, and 333.16529), section 16215 as amended by 2005 PA 211, sections 16322, 16501, 16525, and 16529 as added by 2006 PA 30, section 16511 as amended by 2006 PA 397, and section 16521 as amended by 2010 PA 79, and by adding sections 16513, 16515, and 16517.

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. 306 Yeas30

 

 

Alexander Geiss MacDonald Shirkey

Ananich Hertel MacGregor Stamas

Bayer Horn McCann Theis

Bizon Irwin McMorrow VanderWall

Brinks Johnson Moss Victory

Bullock LaSata Outman Wojno

Chang Lauwers Schmidt Zorn

Daley Lucido

 

 

Nays6

 

 

Barrett McBroom Polehanki Runestad

Bumstead Nesbitt

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

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

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

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

鄭n 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. 4306, entitled

A bill to amend 1961 PA 236, entitled 迭evised judicature act of 1961, by amending section 3212 (MCL 600.3212), as amended by 2011 PA 301.

The question being on the passage of the bill,

Senator Hertel offered the following amendments:

1. Amend page 1, line 1, after 3212. by inserting (1).

2. Amend page 3, following line 6, by inserting:

(2) The party foreclosing the mortgage shall not publish a notice of foreclosure under this chapter in a newspaper in which the party foreclosing the mortgage has an ownership interest..

The question being on the adoption of the amendments,

Senator Hertel withdrew the amendments.

Senator Hertel offered the following amendments:

1. Amend page 1, line 1, after 3212. by inserting (1).

2. Amend page 3, following line 6, by inserting:

(2) The party foreclosing the mortgage shall not publish a notice of foreclosure under this chapter in a newspaper in which the party foreclosing, or its agent, has a majority ownership interest..

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 307 Yeas14

 

 

Alexander Bullock Irwin Moss

Ananich Chang McCann Polehanki

Bayer Geiss McMorrow Wojno

Brinks Hertel

 

 

Nays22

 

 

Barrett LaSata Nesbitt Stamas

Bizon Lauwers Outman Theis

Bumstead Lucido Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn MacGregor Shirkey Zorn

Johnson McBroom

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

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. 308 Yeas22

 

 

Barrett LaSata Nesbitt Stamas

Bizon Lauwers Outman Theis

Bumstead Lucido Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn MacGregor Shirkey Zorn

Johnson McBroom

Nays14

 

 

Alexander Bullock Irwin Moss

Ananich Chang McCann Polehanki

Bayer Geiss McMorrow Wojno

Brinks Hertel

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

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:

鄭n 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:

Senate Bill No. 369, entitled

A bill to amend 1917 PA 273, entitled 鄭n act to regulate and license pawnbrokers that conduct business in this state; to provide for the disposition of allegedly misappropriated property in the possession of pawnbrokers; to provide remedies and prescribe penalties; and to provide for the powers and duties of certain local governmental units and state agencies, by amending section 9 (MCL 446.209), as amended by 2018 PA 345.

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. 309 Yeas24

 

 

Barrett LaSata Moss Stamas

Bizon Lauwers Nesbitt Theis

Bumstead Lucido Outman VanderWall

Daley MacDonald Runestad Victory

Horn MacGregor Schmidt Wojno

Johnson McBroom Shirkey Zorn

 

 

Nays12

 

 

Alexander Brinks Geiss McCann

Ananich Bullock Hertel McMorrow

Bayer Chang Irwin Polehanki

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 5084, entitled

A bill to amend 2009 PA 75, entitled 溺ortgage loan originator licensing act, by amending sections 3 and 5 (MCL 493.133 and 493.135), section 3 as amended by 2012 PA 150 and section 5 as amended by 2014 PA 421, and by adding sections 5a, 5b, and 5c.

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. 310 Yeas36

 

 

Alexander Daley MacDonald Runestad

Ananich Geiss MacGregor Schmidt

Barrett Hertel McBroom Shirkey

Bayer Horn McCann Stamas

Bizon Irwin McMorrow Theis

Brinks Johnson Moss VanderWall

Bullock LaSata Nesbitt Victory

Bumstead Lauwers Outman Wojno

Chang Lucido Polehanki Zorn

 

 

Nays0

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

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

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

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

鄭n act to provide for the licensing of mortgage loan originators; to regulate the business practices of mortgage loan originators; to establish certain obligations of employees and principals of mortgage loan originators; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties,.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 306, entitled

A bill to amend 1961 PA 120, entitled 鄭n act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects, by amending sections 1, 5, 10, 10b, 10c, 10e, 10f, 10g, 10h, 10j, 10k, and 10l (MCL 125.981, 125.985, 125.990, 125.990b, 125.990c, 125.990e, 125.990f, 125.990g, 125.990h, 125.990j, 125.990k, and 125.990l), sections 1 and 5 as amended by 2003 PA 209, sections 10, 10c, 10f, 10g, and 10k as amended by 2018 PA 262, sections 10b, 10e, 10h, and 10l as amended by 2013 PA 126, and section 10j as added by 2001 PA 260.

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. 311 Yeas31

 

 

Alexander Geiss McBroom Shirkey

Ananich Hertel McCann Stamas

Bayer Horn McMorrow Theis

Bizon LaSata Moss VanderWall

Brinks Lauwers Nesbitt Victory

Bullock Lucido Outman Wojno

Chang MacDonald Polehanki Zorn

Daley MacGregor Schmidt

 

 

Nays5

 

 

Barrett Irwin Johnson Runestad

Bumstead

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 349, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, by amending section 233 (MCL 436.1233).

The question being on the passage of the bill,

Senator Polehanki offered the following amendment:

1. Amend page 5, following line 20, by inserting:

摘nacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act..

The amendment was not adopted, a majority of the members serving not voting therefor.

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. 312 Yeas14

 

 

Alexander Bullock Irwin Moss

Ananich Chang McCann Polehanki

Bayer Geiss McMorrow Wojno

Brinks Hertel

 

 

Nays22

 

 

Barrett LaSata Nesbitt Stamas

Bizon Lauwers Outman Theis

Bumstead Lucido Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn MacGregor Shirkey Zorn

Johnson McBroom

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

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. 313 Yeas27

 

 

Ananich Hertel McCann Stamas

Barrett Horn Moss Theis

Bizon LaSata Nesbitt VanderWall

Brinks Lauwers Outman Victory

Bullock Lucido Runestad Wojno

Bumstead MacDonald Schmidt Zorn

Daley MacGregor Shirkey

 

 

Nays9

 

 

Alexander Geiss Johnson McMorrow

Bayer Irwin McBroom Polehanki

Chang

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

Protests

 

 

Pursuant to rule 3.506, Senators Geiss, Alexander and Polehanki submitted their reasons, in writing, for voting 渡o on the passage of Senate Bill No. 349.

Senator Geiss statement, in which Senators Alexander and Polehanki concurred, is as follows:

Today, I voted 渡o on Senate Bill No. 349, which would give incentives for distillers utilizing Michigan products in their final product. While I believe in the spirit and intent of the bill, and support our craft distillers (as well as other small business owners in the craft and Michigan-based adult-beverage business), because the bill will negatively impact the School Aid Fund, I felt it necessary to vote 渡o. I am hopeful that as this bill works its way through the Legislature, that holding the School Aid Fund harmless will be included in this bill. I would be able to support this bill, were School Aid Fund held harmless and our students education not put in further peril through repeated disinvestment in it from a combination of insufficient funding levels and multiple years of tax incentives given in this state that have failed to hold the School Aid Fund harmless.

 

 

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

The motion prevailed.

Senator Polehanki痴 statement is as follows:

Today I rise to offer an amendment that would hold the School Aid Fund harmless from the incentive created in Senate Bill No. 349. I support Michigan痴 small businesses and Michigan agriculture but I壇 like to do so while keeping the School Aid Fund held harmless. This amendment would annually appropriate funds from the General Fund to the School Aid Fund to compensate for any lost revenue. We cannot continue to chip away at the School Aid Fund in amounts great or small and expect our schools to thrive. Therefore, I urge my colleagues to vote 土es to support this amendment.

 

 

The following bill was read a third time:

Senate Bill No. 586, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, (MCL 436.1101 to 436.2303) by adding section 1028.

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. 314 Yeas35

 

 

Alexander Daley MacDonald Schmidt

Ananich Geiss MacGregor Shirkey

Barrett Hertel McCann Stamas

Bayer Horn McMorrow Theis

Bizon Irwin Moss VanderWall

Brinks Johnson Nesbitt Victory

Bullock LaSata Outman Wojno

Bumstead Lauwers Polehanki Zorn

Chang Lucido Runestad

 

 

Nays1

 

 

McBroom

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 587, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, (MCL 436.1101 to 436.2303) by adding section 609e.

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. 315 Yeas36

 

 

Alexander Daley MacDonald Runestad

Ananich Geiss MacGregor Schmidt

Barrett Hertel McBroom Shirkey

Bayer Horn McCann Stamas

Bizon Irwin McMorrow Theis

Brinks Johnson Moss VanderWall

Bullock LaSata Nesbitt Victory

Bumstead Lauwers Outman Wojno

Chang Lucido Polehanki Zorn

 

 

Nays0

 

 

Excused2

 

 

Hollier Santana

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 588, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, (MCL 436.1101 to 436.2303) by adding section 609d.

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. 316 Yeas36

 

 

Alexander Daley MacDonald Runestad

Ananich Geiss MacGregor Schmidt

Barrett Hertel McBroom Shirkey

Bayer Horn McCann Stamas

Bizon Irwin McMorrow Theis

Brinks Johnson Moss VanderWall

Bullock LaSata Nesbitt Victory

Bumstead Lauwers Outman Wojno

Chang Lucido Polehanki Zorn

 

 

Nays0

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

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

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

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

Senate Bill No. 543, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, by amending section 701 (MCL 436.1701), as amended by 2010 PA 266.

Substitute (S-1)

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

 

 

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

Senate Bill No. 341, entitled

A bill to require a law enforcement agency to obtain a search warrant to access certain electronic information or data; to prescribe the manner in which certain electronic information or data may be accessed or used; to require notification to the owner or user of the electronic information, data, or electronic device that the electronic information, data, or electronic device has been accessed; and to provide remedies.

Substitute (S-1)

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

 

 

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

Senate Bill No. 342, entitled

A bill to amend 1927 PA 175, entitled 典he code of criminal procedure, (MCL 760.1 to 777.69) by adding section 21b to chapter XVI.

Substitute (S-1)

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

 

 

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

Senate Resolution No. 89

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

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senate Resolution No. 89.

A resolution to support the Michigan National Guard in its efforts to have Detroit selected as the host city for the National Guard Association of the United States 2024 national conference.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Introduction and Referral of Bills

 

 

Senator Lucido introduced

Senate Bill No. 649, entitled

A bill to amend 1972 PA 382, entitled 典raxler-McCauley-Law-Bowman bingo act, by amending section 10a (MCL 432.110a), as amended by 2006 PA 427.

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

 

 

Senators Theis and Moss introduced

Senate Bill No. 650, entitled

A bill to amend 1979 PA 94, entitled 典he state school aid act of 1979, by amending section 23a (MCL 388.1623a), as amended by 2018 PA 586.

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

Senators Moss and Theis introduced

Senate Bill No. 651, entitled

A bill to amend 1976 PA 451, entitled 典he revised school code, by amending section 1231 (MCL 380.1231), as amended by 2018 PA 235, and by adding section 1230i.

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

 

 

Senators Theis, McBroom, MacDonald and Santana introduced

Senate Bill No. 652, entitled

A bill to amend 2004 PA 452, entitled 的dentity theft protection act, by amending section 11 (MCL 445.71), as amended by 2010 PA 315.

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

 

 

Senators McBroom, Theis, MacDonald and Santana introduced

Senate Bill No. 653, entitled

A bill to amend 2004 PA 452, entitled 的dentity theft protection act, by amending section 3 (MCL 445.63), as amended by 2010 PA 318.

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

 

 

Senators MacDonald, Theis, McBroom and Santana introduced

Senate Bill No. 654, entitled

A bill to amend 2004 PA 452, entitled 的dentity theft protection act, by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

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

 

 

Senators Santana, McBroom and MacDonald introduced

Senate Bill No. 655, entitled

A bill to amend 2004 PA 452, entitled 的dentity theft protection act, by amending sections 19 and 19b (MCL 445.79 and 445.79b), section 19 as added by 2010 PA 315 and section 19b as added by 2010 PA 314.

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

 

 

Senators Irwin and Johnson introduced

Senate Bill No. 656, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending sections 14, 248a, and 248d (MCL 257.14, 257.248a, and 257.248d), sections 14 and 248a as amended and section 248d as added by 2012 PA 498.

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

 

 

Senator Theis introduced

Senate Bill No. 657, entitled

A bill to amend 1976 PA 451, entitled 典he revised school code, by amending section 1531i (MCL 380.1531i), as amended by 2018 PA 106.

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

 

 

Senator Outman introduced

Senate Bill No. 658, entitled

A bill to authorize the department of technology, management, and budget to convey state-owned property in Mecosta County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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

Statements

 

 

Pursuant to rule 3.507, Senators Runestad and Wojno submitted statements in writing for inclusion in today痴 Journal.

Senator Runestad痴 statement is as follows:

Today, November 13th, Senator Wojno and I come before you in solemn remembrance of the victims of communist brutality, with estimates upwards of 100 million lives lost to totalitarian communist regimes.

Last week our nation marked a national observance for the millions of victims who have died as a result of international communism. This National Day for the Victims of Communism honors the memory of the victims and those who were persecuted, while reaffirming a world vision of peace, prosperity, and freedom.

In solidarity with these victims we must also remember the anniversary of the Ukrainian Holodomor of 1932-33. Holodomor means 電eath by starvation. The fourth Saturday in November has been recognized internationally as a day to commemorate the Holodomor, when seven to 10 million Ukrainians were intentionally starved to death by Stalin痴 regime. This year, 2019, marks the 86th anniversary of this tragedy.

Some of the survivors of the Holodomor and their descendants reside in Michigan and in our districts, and they are honored by the work of the Ukrainian American Holodomor Genocide Committee of Michigan.

 

Senator Wojno痴 statement is as follows:

The Ukrainian American Holodomor Genocide Committee of Michigan has worked passionately to spread Holodomor awareness through the creation of lesson plans with the Michigan Department of Education. These lesson plans contribute to our understanding that the Soviet authorities denied, concealed, and destroyed information about the Holodomor and that accurate information about this tragic event has only recently been made available. The committee痴 work has raised awareness of the historical facts of the Holodomor and continues these efforts to prevent such atrocities against mankind in the future.

Senator Runestad and I are joined here today with guests in the Gallery優oris and Andrey Duzyj of Warren擁n remembrance of the Holodomor to reflect on the legacy of this event and bring awareness of the Holodomor痴 place in the history of communist oppression, brutality, and genocide.

 

A moment of silence was observed in remembrance of the victims of the Holodomor and in memory of the international victims of communist brutality.

 

 

Recess

 

 

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

The motion prevailed, the time being 12:35 p.m.

 

12:41 p.m.

 

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

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

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

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

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

House Bill No. 4687, entitled

A bill to amend 1994 PA 451, entitled 哲atural resources and environmental protection act, by amending sections 40102, 40111a, and 43527a (MCL 324.40102, 324.40111a, and 324.43527a), section 40102 as amended by 2015 PA 24, section 40111a as amended by 2015 PA 265, and section 43527a as added by 2013 PA 108.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 4, line 19, after (1) by striking out An and inserting Until 2 years after the effective date of the 2019 amendatory act that amended this section, an.

2. Amend page 4, line 20, after 都tate by inserting if that individual does not deposit more than 5 gallons of feed at each site. An individual shall not engage in deer or elk feeding in any county or deer management unit of this state where the department of agriculture and rural development and the department have entered into a memorandum of understanding with the United States Department of Agriculture requiring the limitation or banning of baiting or feeding.

3. Amend page 5, line 13, after subsection by inserting and subsection (3).

4. Amend page 5, line 13, after subsection, by inserting until 2 years after the effective date of the 2019 amendatory act that amended this section,.

5. Amend page 5, line 15, after elk by striking out the balance of the line through site. on line 16 and inserting if that individual does all of the following:

(a) Uses no more than 5 gallons of bait spread over at least 400 square feet at each baiting site.

(b) Uses bait that is no larger than a sugar beet.

(c) Uses no more than 1 baiting site per hunting site.

(3).

6. Amend page 5, line 16, after site. by striking out the balance of the section and inserting An individual shall not engage in deer or elk feeding in any county or deer management unit of this state where the department of agriculture and rural development and the department have entered into a memorandum of understanding with the United States Department of Agriculture requiring the limitation or banning of baiting or feeding..

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

 

 

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

House Bill No. 4687

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. 4687

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4687, entitled

A bill to amend 1994 PA 451, entitled 哲atural resources and environmental protection act, by amending sections 40102, 40111a, and 43527a (MCL 324.40102, 324.40111a, and 324.43527a), section 40102 as amended by 2015 PA 24, section 40111a as amended by 2015 PA 265, and section 43527a as added by 2013 PA 108.

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. 317 Yeas21

 

 

Barrett Lauwers Nesbitt Stamas

Bizon Lucido Outman Theis

Daley MacDonald Runestad VanderWall

Horn MacGregor Schmidt Wojno

Johnson McBroom Shirkey Zorn

LaSata

 

 

Nays14

 

 

Alexander Bullock Hertel McMorrow

Ananich Bumstead Irwin Moss

Bayer Chang McCann Polehanki

Brinks Geiss

 

 

Excused2

 

 

Hollier Santana

 

 

Not Voting1

 

 

Victory

 

 

In The Chair: Nesbitt

 

 

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:

鄭n 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痴 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.

 

 

Pursuant to rule 1.306, Senator Victory submitted the following:

Office of Senator Roger Victory

November 13, 2019

Pursuant to Senate Rule 1.306, I will be abstaining from voting on House Bill 4687. In the past my farm has grown and sold crops to be used as deer bait for the purposes of hunting. If the current baiting ban were to be repealed, as proposed by House Bill 4687, my farm would benefit financially. As such I will be abstaining from voting on House Bill 4687.

I ask that my comments be printed in the Journal as a disclosure under Senate Rule 1.306.

Thank you.

Sincerely,

Roger Victory

State Senator

30th District

 

 

Senator MacGregor moved that when the Senate adjourns today, it stand adjourned until Wednesday, November 20, 2019, at 10:00 a.m.; and when it adjourns on Wednesday, November 20, 2019, it stand adjourned until Tuesday, December 3, 2019, at 10:00 a.m.

The motion prevailed.

Announcements of Printing and Enrollment

 

 

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

Senate Bill Nos. 645 646 647 648

Senate Concurrent Resolution No. 15

Senate Resolution No. 89

 

 

Committee Reports

 

 

The Committee on Government Operations reported

House Bill No. 4687, entitled

A bill to amend 1994 PA 451, entitled 哲atural resources and environmental protection act, by amending sections 40102, 40111a, and 43527a (MCL 324.40102, 324.40111a, and 324.43527a), section 40102 as amended by 2015 PA 24, section 40111a as amended by 2015 PA 265, and section 43527a as added by 2013 PA 108.

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

1. Amend page 4, line 20, after 都tate by inserting 妬f that individual does not deposit more than 5 gallons of feed at each site. An individual shall not engage in deer or elk feeding in any county or deer management unit of this state where bovine tuberculosis has been detected in deer, elk, or cattle.

2. Amend page 5, line 17, after 殿ny by striking out 殿rea and inserting 田ounty or deer management unit.

3. Amend page 5, line 18, after 電eer by inserting a comma and 兎lk, or cattle.

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

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Lauwers and Nesbitt

Nays: Senators Ananich and Chang

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Government Operations submitted the following:

Meeting held on Tuesday, November 12, 2019, at 9:00 a.m., Room 403, Capitol Building

Present: Senators Shirkey (C), Lauwers, Nesbitt, Ananich and Chang

 

 

The Committee on Families, Seniors, and Veterans reported

Senate Resolution No. 89.

A resolution to support the Michigan National Guard in its efforts to have Detroit selected as the host city for the National Guard Association of the United States 2024 national conference.

(For text of resolution, see Senate Journal No. 108, p.1639)

With the recommendation that the resolution be adopted.

John Bizon, M.D.

Chairperson

To Report Out:

Yeas: Senators Bizon, Barrett, Runestad, Johnson, Zorn, Bullock and Alexander

Nays: None

The resolution was placed on the order of Resolutions.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Families, Seniors, and Veterans submitted the following:

Meeting held on Tuesday, November 12, 2019, at 12:00 noon, Room 1100, Binsfeld Office Building

Present: Senators Bizon (C), Barrett, Runestad, Johnson, Zorn, Bullock and Alexander

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education and Career Readiness submitted the following:

Meeting held on Tuesday, November 12, 2019, at 12:00 noon, Room 1300, Binsfeld Office Building

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Oversight submitted the following:

Meeting held on Tuesday, November 12, 2019, at 2:00 p.m., Room 1300, Binsfeld Office Building

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Subcommittee on Talent and Economic Development/MEDC submitted the following:

Meeting held on Tuesday, November 12, 2019, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Horn (C), and Schmidt

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 12:51 p.m.

 

In pursuance of the order previously made, the President pro tempore, Senator Nesbitt, declared the Senate adjourned until Wednesday, November 20, 2019, at 10:00 a.m.

 

 

MARGARET O達RIEN

Secretary of the Senate