STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, October 16, 2019.
10:00 a.m.
The Senate was called to order by the
President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the
Senate, who announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Reverend Dr. Stephen Butler Murray of First
Unitarian-Universalist Church of Detroit offered the following
invocation:
Holy One, known by many names and beyond all names—Spirit of Life,
Spirit of Love, Spirit of Community, Spirit of Justice: we ask Your blessings
on the people who have been called to lead the community in which we live and
work and play. Help them as leaders to not ask first “How do we fix this?” but “What
do we need to learn?”, “How might we need to change?”, and “To whom do we need
to listen?”. Remind them, because we all forget from time to time, especially
in the noisy-ness of what passes for political debate today, that they are not
only leaders but also servants and that it is their responsibility and ours to
serve the common good of all. Remind them that, no matter where we live,
everyone—gay, straight, transgender, black or white, Hispanic or Asian,
Christian, Muslim, Jew, Sikh, Hindu, or atheist—everyone is our neighbor, our
sibling, and that throughout the ages prophets have called the leaders of the
people to respect and protect the least of those among us—our children, the
elderly, the poor, those who are hungry, those who have no homes, those who are
ill in body, mind, or spirit, the strangers and immigrants in our midst, those
who live on the margins, those who are alone, those who are forgotten.
Grant them and us the wisdom and the courage to know and do what is
right and good and true. May they and we speak out when it is time to speak out
and listen, patiently and receptively, when it is time to listen. May they and we always be guided by the spirit of
community, by the spirit of justice, and by the spirit of love.
This we pray in the name of all that we hold sacred and holy—all that we
hold good and right and true.
May it be so. Amen.
The President, Lieutenant Governor Gilchrist, led
the members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
MacGregor moved that Senator MacDonald be temporarily excused from today’s
session.
The motion prevailed.
Senator
Chang moved that Senators Santana and Hollier be temporarily excused from today’s
session.
The motion prevailed.
The
following communication was received:
Office of Senator Rosemary Bayer
October
10, 2019
Per
Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to
Senate Bills 576 and 577 introduced by Senator Curtis Hertel on October 10,
2019.
Sincerely,
Rosemary
K. Bayer
12th
Senate District
State
Senator
The
communication was referred to the Secretary for record.
The
following communications were received:
Office of Senator Jeff Irwin
October
15, 2019
I
request to be added as a Co-Sponsor to Senator Winnie Brinks’ Senate Bill 501
on police diversity grant.
If you
have any questions, please feel free to contact my office.
October
15, 2019
I
request to be added as a Co-Sponsor to Senator Curtis Hertel’s Senate Bills 576
& 577.
If you
have any questions, please feel free to contact my office.
October
15, 2019
I
request to be added as a Co-Sponsor to Senator Bettie Jean Alexander’s Senate
Joint Resolution K.
If you
have any questions, please feel free to contact my office.
Sincerely,
Jeff
Irwin
State
Senator—District 18
The
communications were referred to the Secretary for record.
The
following communication was received:
Office of Senator John Bizon, M.D.
October
16, 2019
I
respectfully request that my name be added as a co-sponsor to Senate Resolution
73, introduced by Senator Victory.
If you
have any questions please do not hesitate to contact my office. Thank you for
your attention to this matter.
Sincerely,
John
Bizon, M.D.
State
Senator
19th
District
The
communication was referred to the Secretary for record.
Recess
Senator MacGregor moved that the Senate recess subject to the call of
the Chair.
The motion prevailed, the time being 10:05 a.m.
The Senate was called to order by the President, Lieutenant Governor
Gilchrist.
During
the recess, Senators Santana, Hollier and MacDonald 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 Alexander as Chairperson.
After some time spent therein, the Committee arose; and the President,
Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported
back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4134, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 1060a (MCL 330.2060a), as
added by 2012 PA 540.
House Bill No. 4135, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA
31.
House Bill No. 4136, entitled
A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by
amending sections 2 and 8 (MCL 722.822 and 722.828), section 2 as amended by
1996 PA 415.
House Bill No. 4142, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 27 of chapter IV (MCL 764.27), as amended by 1996 PA
418.
The
bills were placed on the order of Third Reading of Bills.
House Bill No. 4133, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending sections 1, 3, and 11 of chapter XIIA (MCL 712A.1, 712A.3, and
712A.11), section 1 as amended by 2016 PA 496, section 3 as amended by 1996 PA
409, and section 11 as amended by 2016 PA 185.
Substitute (S-1)
House Bill No. 4140, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending sections 14, 15, 16, 18, and 18i of chapter XIIA (MCL 712A.14,
712A.15, 712A.16, 712A.18, and 712A.18i), section 14 as amended by 2012 PA 163,
section 15 as amended by 1998 PA 474, section 16 as amended by 1998 PA 478,
section 18 as amended by 2018 PA 58, and section 18i as added by 1996 PA 244.
Substitute (S-1)
House Bill No. 4443, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 1f of chapter IV (MCL 764.1f), as amended by 1998 PA
520.
Substitute (S-1)
House Bill No. 4452, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending section 606 (MCL 600.606), as amended by 1996 PA 260.
Substitute (S-1)
House Bill No. 4133
House Bill No. 4134
House Bill No. 4135
House Bill No. 4136
House Bill No. 4140
House Bill No. 4142
House Bill No. 4443
House Bill No. 4452
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. 278
Senate Bill No. 279
Senate Bill No. 466
Senate Bill No. 467
Senate Bill No. 468
Senate Bill No. 469
Senate Bill No. 539
House Bill No. 4133
House Bill No. 4134
House Bill No. 4135
House Bill No. 4136
House Bill No. 4140
House Bill No. 4142
House Bill No. 4443
House Bill No. 4452
The motion prevailed.
The
following bill was read a third time:
Senate Bill No. 278, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending sections 221 and 310 (MCL 257.221 and 257.310), section 221 as amended
by 1998 PA 64 and section 310 as amended by 2018 PA 177.
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. 244 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. 279, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and
enhanced official state personal identification card act,” by amending section
5 (MCL 28.305), as amended by 2018 PA 606.
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. 245 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. 466, 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 2018 PA
431.
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. 246 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 Polehanki Zorn
Daley
Nays—1
Runestad
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. 467, 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 8b (MCL 722.118b), as amended by 2017
PA 257.
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. 247 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. 468, 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,” (MCL 722.111 to 722.128) by adding section 13a.
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. 248 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 Polehanki Zorn
Daley
Nays—1
Runestad
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. 469, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending sections 19 and 19a of chapter XIIA (MCL 712A.19 and 712A.19a),
as amended by 2018 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. 249 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 was read a third time:
Senate Bill No. 539, 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 sections 5d and 5k (MCL 722.115d and 722.115k),
as amended by 2017 PA 256.
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. 250 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The Chair: President
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4133, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending section 11 of chapter XIIA (MCL 712A.11), as amended by 2016 PA 185.
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. 251 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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 and consolidate the statutes relating to certain
aspects of the family division of circuit court, to the jurisdiction, powers,
and duties of the family division of circuit court and its judges and other
officers, to the change of name of adults and children, and to the adoption of
adults and children; to prescribe certain jurisdiction, powers, and duties of
the family division of circuit court and its judges and other officers; to
prescribe the manner and time within which certain actions and proceedings may
be brought in the family division of the circuit court; to prescribe pleading,
evidence, practice, and procedure in certain actions and proceedings in the
family division of circuit court; to provide for appeals from certain actions
in the family division of circuit court; to prescribe the powers and duties of
certain state departments, agencies, and officers; to provide for certain
immunity from liability; and to provide remedies and penalties,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4134, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending
section 1060a (MCL 330.2060a), as added by 2012 PA 540.
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. 252 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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. 4135, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA
31.
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. 253 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, 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. 4136, entitled
A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by
amending sections 2 and 8 (MCL 722.822 and 722.828), section 2 as amended by
1996 PA 415.
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. 254 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 permit certain minors to be diverted from the court system
having jurisdiction over minors; to establish diversion criteria and
procedures; to require certain records to be made and kept; to prescribe
certain powers and duties of courts having jurisdiction over minors and of law
enforcement agencies; and to prescribe certain penalties,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4140, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending sections 16, 18, and 18i of chapter XIIA (MCL 712A.16, 712A.18, and
712A.18i), section 16 as amended by 1998 PA 478, section 18 as amended by 2018
PA 58, and section 18i as added by 1996 PA 244.
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. 255 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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 and consolidate the statutes relating to certain
aspects of the family division of circuit court, to the jurisdiction, powers,
and duties of the family division of circuit court and its judges and other
officers, to the change of name of adults and children, and to the adoption of
adults and children; to prescribe certain jurisdiction, powers, and duties of
the family division of circuit court and its judges and other officers; to
prescribe the manner and time within which certain actions and proceedings may
be brought in the family division of the circuit court; to prescribe pleading,
evidence, practice, and procedure in certain actions and proceedings in the
family division of circuit court; to provide for appeals from certain actions in
the family division of circuit court; to prescribe the powers and duties of
certain state departments, agencies, and officers; to provide for certain
immunity from liability; and to provide remedies and penalties,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4142, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 27 of chapter IV (MCL 764.27), as amended by 1996 PA
418.
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. 256 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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, 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. 4443, entitled
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 1f of chapter IV (MCL
764.1f), as amended by 1998 PA 520.
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. 257 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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, 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. 4452, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending section 606 (MCL 600.606), as amended by 1996 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. 258 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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 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.
By
unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist,
designated Senator Alexander as Chairperson.
After some time spent therein, the Committee arose; and the President,
Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported
back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4143, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by
amending section 139 (MCL 750.139), as amended by 1998 PA 510.
House Bill No. 4145, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 27a of chapter IV (MCL 764.27a), as amended by 1996 PA 254.
The
bills were placed on the order of Third Reading of Bills.
House Bill No. 4143
House Bill No. 4145
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. 4143
The motion prevailed.
The
following bill was read a third time:
House Bill No. 4143, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by
amending section 139 (MCL 750.139), as amended by 1998 PA 510.
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. 259 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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. 4145, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 27a of chapter IV (MCL 764.27a), as amended by 1996 PA 254.
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. 260 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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, 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.
By
unanimous consent the Senate returned to the order of
Messages from the House
A bill to amend 2013 PA 93, entitled “Michigan indigent defense
commission act,” by amending section 3 (MCL 780.983), as amended by 2018
PA 214.
The House of Representatives has passed the bill, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 288, entitled “Probate code
of 1939,” by amending sections 1, 3, and 11 of chapter XIIA (MCL
712A.1, 712A.3, and 712A.11), section 1 as amended by 2016 PA 496, section 3 as
amended by 1996 PA 409, and section 11 as amended by 2016 PA 185.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1),
ordered that it be given immediate effect and amended the title to read as
follows:
A bill to amend 1939 PA 288, entitled “An act to revise and consolidate
the statutes relating to certain aspects of the family division of circuit
court, to the jurisdiction, powers, and duties of the family division of
circuit court and its judges and other officers, to the change of name of
adults and children, and to the adoption of adults and children; to prescribe
certain jurisdiction, powers, and duties of the family division of circuit
court and its judges and other officers; to prescribe the manner and time
within which certain actions and proceedings may be brought in the family
division of the circuit court; to prescribe pleading, evidence, practice, and
procedure in certain actions and proceedings in the family division of circuit
court; to provide for appeals from certain actions in the family division of
circuit court; to prescribe the powers and duties of certain state departments,
agencies, and officers; to provide for certain immunity from liability; and to
provide remedies and penalties,” by amending sections 1 and 3 of chapter XIIA
(MCL 712A.1 and 712A.3), section 1 as amended by 2016 PA 496 and section 3 as
amended by 1996 PA 409.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
substitute made to the bill by the House,
The
substitute was concurred in, a majority of the members serving voting therefor,
as follows:
Roll Call No. 261 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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.
The
Senate agreed to the title as amended.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1974 PA 150, entitled “Youth rehabilitation services
act,” by amending section 2 (MCL 803.302), as amended by 1998 PA 517.
The House of Representatives has passed the bill, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending sections 14, 15, 16, 18, and 18i of chapter XIIA (MCL 712A.14,
712A.15, 712A.16, 712A.18, and 712A.18i), section 14 as amended by 2012 PA 163,
section 15 as amended by 1998 PA 474, section 16 as amended by 1998 PA 478,
section 18 as amended by 2018 PA 58, and section 18i as added by 1996 PA 244.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1),
ordered that it be given immediate effect and amended the title to read as
follows:
A bill to amend 1939 PA 288, entitled “An act to revise and consolidate
the statutes relating to certain aspects of the family division of circuit
court, to the jurisdiction, powers, and duties of the family division of
circuit court and its judges and other officers, to the change of name of
adults and children, and to the adoption of adults and children; to prescribe
certain jurisdiction, powers, and duties of the family division of circuit
court and its judges and other officers; to prescribe the manner and time
within which certain actions and proceedings may be brought in the family
division of the circuit court; to prescribe pleading, evidence, practice, and
procedure in certain actions and proceedings in the family division of circuit
court; to provide for appeals from certain actions in the family division of
circuit court; to prescribe the powers and duties of certain state departments,
agencies, and officers; to provide for certain immunity from liability; and to
provide remedies and penalties,” by amending sections 14 and 15 of chapter XIIA
(MCL 712A.14 and 712A.15), section 14 as amended by 2012 PA 163 and section 15
as amended by 1998 PA 474.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
substitute made to the bill by the House,
The
substitute was concurred in, a majority of the members serving voting therefor,
as follows:
Roll Call No. 262 Yeas—35
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow VanderWall
Brinks Irwin Moss Victory
Bullock LaSata Nesbitt Wojno
Bumstead Lauwers Outman Zorn
Chang Lucido Polehanki
Nays—3
Johnson Runestad Theis
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.
The
Senate agreed to the title as amended.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 15b of chapter IV (MCL 764.15b), as amended by 2001 PA 209.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1),
ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
substitute made to the bill by the House,
The
substitute was concurred in, a majority of the members serving voting therefor,
as follows:
Roll Call No. 263 Yeas—36
Alexander Daley Lucido Polehanki
Ananich Geiss MacDonald Santana
Barrett Hertel MacGregor Schmidt
Bayer Hollier McBroom Shirkey
Bizon Horn McCann Stamas
Brinks Irwin McMorrow VanderWall
Bullock Johnson Moss Victory
Bumstead LaSata Nesbitt Wojno
Chang Lauwers Outman Zorn
Nays—2
Runestad Theis
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.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2018 PA 58.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1),
ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
substitute made to the bill by the House,
The
substitute was concurred in, a majority of the members serving voting therefor,
as follows:
Roll Call No. 264 Yeas—36
Alexander Daley Lucido Polehanki
Ananich Geiss MacDonald Santana
Barrett Hertel MacGregor Schmidt
Bayer Hollier McBroom Shirkey
Bizon Horn McCann Stamas
Brinks Irwin McMorrow VanderWall
Bullock Johnson Moss Victory
Bumstead LaSata Nesbitt Wojno
Chang Lauwers Outman Zorn
Nays—2
Runestad Theis
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.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by
amending section 117a (MCL 400.117a), as amended by 2018 PA 580.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1),
ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
substitute made to the bill by the House,
The
substitute was concurred in, a majority of the members serving voting therefor,
as follows:
Roll Call No. 265 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.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL
400.1 to 400.119b) by adding section 117i.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1),
ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
Pending the order that, under rule 3.202, the
bill be laid over one day,
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on concurring in the
substitute made to the bill by the House,
The
substitute was concurred in, a majority of the members serving voting therefor,
as follows:
Roll Call No. 266 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.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senator
MacGregor moved that consideration of the following resolutions be postponed
for today:
Senate Resolution No. 30
Senate Resolution No. 38
Senate Resolution No. 49
The motion prevailed.
A resolution to urge the Congress of the United
States to speedily approve the recently negotiated United States-Mexico-Canada
Agreement.
The question being on the adoption of the following committee
substitute:
Substitute (S-1).
Senator Victory offered the following amendment to the substitute:
1. Amend
page 1, line 8, after “Whereas,” by striking out “NATFA” and inserting “NAFTA”.
The
amendment to the substitute was adopted.
The
substitute as amended was adopted.
Senator
McMorrow offered the following substitute (S-2):
A resolution to urge the United States Trade
Representative to renegotiate the United States-Mexico-Canada
Agreement.
Whereas, The North American Free Trade Agreement (NAFTA) is a close
tri-lateral relationship between the United States, Canada, and Mexico. For
more than 25 years, NAFTA has been economically, culturally, and strategically
important for all parties; and
Whereas, NAFTA is significant for the American economy. Trade with
Canada and Mexico supports nearly 12 million
American jobs, and nearly 5 million of those jobs are supported by increased
NAFTA trade. Since the agreement began in 1994, trade with Canada and
Mexico has nearly quadrupled to $1.3 trillion, and the two countries buy
more than one-third of U.S. merchandise exports. U.S. service exports to Canada
and Mexico have also tripled, rising from $27.5 billion in 1993 to $91.3
billion in 2017, thanks to the trade agreement’s new market access and clearer
rules; and
Whereas, Trade with Canada and Mexico is significant to U.S. states. For
43 states, our contiguous international neighbors represent the first or second
largest export market, and all but one state counts Canada or Mexico as a top
three trading partner. Canada is Michigan’s largest export market, and Mexico
is Michigan’s third largest export market. NAFTA has also contributed to a 300
percent increase in Michigan’s agricultural exports to Canada and Mexico; and
Whereas, Small- and medium-sized enterprises in the United States rely
on trade with Canada and Mexico to support and grow their business. Canada and
Mexico are the top two export destinations for U.S. small- and medium-sized
enterprises, more than 125,000 of which sold their goods and services in Canada
and Mexico in 2014; and
Whereas, The currently negotiated United States-Mexico-Canada Agreement
(USMCA), intended to replace NAFTA, fails to do enough to support U.S. workers.
It would undermine income, health care, and pension plans for creative arts
workers. It fails to level the playing field between U.S. and Mexican
autoworkers. It will not provide the certainty and stability needed by Michigan
and U.S. farmers; and
Whereas, The currently negotiated USMCA adds monopoly rights for
pharmaceutical firms, locking in policies that keep U.S. drug prices
outrageously high. The availability of affordable health care is of the utmost
importance, and reducing medicine prices is a demand that unites Americans
nationwide; and
Whereas, The currently negotiated USMCA does not raise wages here or in
Mexico, nor would it reverse NAFTA’s long track record of outsourcing
middle-class jobs and pollution. Unless the current text’s labor and
environmental standards are strengthened, and swift and certain funding and
enforcement mechanisms are added, corporations will continue to outsource jobs
and facilities to Mexico where they can violate international labor rights and
pay workers unconscionably low wages. Disincentivizing that practice is good
for workers in Michigan and nationwide; now, therefore, be it
Resolved by the Senate, That we urge the United
States Trade Representative to renegotiate the United States-Mexico-Canada
Agreement; and be it further
Resolved, That copies of this resolution be transmitted to the United
States Trade Representative, the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
The
question being on the adoption of the substitute,
Senator
MacGregor requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the
members present voting therefor.
The substitute (S-2) was not adopted, a
majority of the members serving not voting therefor, as follows:
Roll Call No. 267 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 adoption of the resolution,
The
resolution as substituted (S-1) was adopted.
The motion prevailed.
Senator
McMorrow’s statement is as follows:
I rise
today to encourage the adoption of the substitute offered here today.
First,
I want to acknowledge how crucially important it is to have a new trade
agreement, not only for all of our farmers here in Michigan but for our automotive
industry. We recognize how crucial negotiating a new trade deal is.
However,
multiple members of our congressional delegation have been working diligently
over the past few months to improve upon the current USMCA on a number of
things, including further protections for American workers by advocating that
wages for Mexican workers be raised to allow us to become more competitive,
ensuring environmental protections so that we are not outsourcing pollution to
another country, and guarding against pharmaceutical monopolies that would make
sure we are not spiking prescription drug costs further than they already are.
This substitute recognizes and reflects that hard work, and in fact just last
week members of the congressional delegation headed south to Mexico to work on
this issue with the Mexican government and make sure that there is enough money
allocated in that country’s government to facilitate this the right way.
Our
substitute reflects that hard work, recognizes it, honors it, and encourages
that that work be adopted as we continue toward a resolution on the USMCA.
Senator
Victory’s statement is as follows:
I rise
today in support of Senate Resolution No. 73, to encourage the Congress of the
United States to finally ratify the USMCA trade agreement.
Michigan
clearly stands to benefit from the USMCA because we have been blessed here in
Michigan with two strong and honorable industries—agriculture and
manufacturing. We grow things; we make things. It is a deeply-rooted part of
our history and culture here as Michiganders. As we move forward into the
future, we need to ensure that these economic pillars of agriculture and
manufacturing can continue to grow and prosper with us. This is best done by
allowing our family farms and small businesses access to more markets to sell
our produce and goods through fostering a healthy and robust trade relationship
with our neighbors.
It is
time to act now. Our agriculture industry continues to face uncertainty. We
have seen too many family farms close up and sold off, specifically among our
dairy producers and those family farms, with over 100 ceasing to operate
in the past few years. We have seen too many unfair trade practices tip the
scale out of balance.
By
supporting the USMCA, the Michigan Senate will speak loud and clear that we
stand with our small businesses, family farms, and all those who are striving
to make their livelihoods here in our great state. I humbly ask for your
support of Senate Resolution No. 73.
Introduction and Referral of Bills
A bill to amend 2006 PA 563, entitled “An act to restrict the use and
disclosure of certain statements made by law enforcement officers,” by amending
section 1 (MCL 15.391), as amended by 2016 PA 302.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senator McBroom introduced
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,”
by amending section 68c (MCL 38.68c), as amended by 2018 PA 357.
The bill was read a first and second time by title and referred to the
Committee on Appropriations.
Statements
The motion prevailed.
Senator
Santana’s statement is as follows:
I just
want to take the opportunity to say ‘thank you all’ for taking “Raise the Age”
seriously and being in support of this bill package. This was five years in the
making and this bill package is meaningful because it will help make sure we
are on the right side of history when it comes to our 17-year-olds and making
sure they have a real opportunity at reform. We should not lock up our
17-year-olds with adults.
By
putting “Raise the Age” together and making sure this package of bills was
approved, we are changing the way Michigan thinks about criminal justice
reform. I want to say thank you all for doing the right thing. We cannot,
obviously, change the lives of those individuals who were impacted in the ‘80s
and beyond who were locked up with adults, but I think this is a move in the
right direction.
To my
colleague from the 8th District, thank you for all the hard work and dedication
to making sure this package of bills made it to the finish line. I will work
with you on other criminal justice reform packages throughout our duration in
the Senate. Thank you, 100th Legislature.
Senator
Barrett’s statement is as follows:
I just
wanted to extend my appreciation for your unanimous support of Senate Bill Nos.
278 and 279 earlier today. These allow individuals with a communication
impediment, an individual who is hard of hearing or could be deaf, or who may
have autism to add a designation on their vehicle registration that would be
accessible to law enforcement and would ease that communication burden with law
enforcement in the event they’re pulled over or have a vehicle stop or anything
of that sort.
I
wanted to give special recognition to Xavier DeGroat, a constituent of mine,
who is here today in the Capitol. I think he’s out in the lobby and you can say
hello to him as you leave today. Xavier has been a tireless advocate for people
with autism. He was diagnosed with autism at age four and has been a continuous
advocate for improving the lives of those with autism. I wanted to give him a
special shout-out today. He’s met the Dalai Lama, Muhammad Ali, and had an
opportunity to meet with President Trump in the Oval Office just last month. He’s
doing everything he can to improve others with autism as well. I wanted to
recognize him today and ask for your support of that as well.
Announcements of Printing and Enrollment
The Secretary announced that the following
bills and resolution were printed and filed on Tuesday, October 15, and
are available on the Michigan Legislature website:
Senate Bill Nos. 581 582 583 584 585 586 587 588 589 590
Senate Resolution No. 86
House Bill Nos. 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112
Committee Reports
The
Committee on Regulatory Reform reported
Senate Bill No. 349, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of
1998,” by amending section 233 (MCL 436.1233).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Aric
Nesbitt
Chairperson
To Report Out:
Yeas: Senators Nesbitt, Theis, Lauwers, VanderWall, Moss and Wojno
Nays: Senator Polehanki
The bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 434, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending
sections 1201, 1203, 1203b, 1204, 1205, 1211, 1217, and 1218 (MCL 339.1201,
339.1203, 339.1203b, 339.1204, 339.1205, 339.1211, 339.1217, and 339.1218),
sections 1201, 1205, 1211, 1217, and 1218 as amended and section 1203b as added
by 1997 PA 97 and section 1204 as amended by 2003 PA 57, and by adding section
1205a; and to repeal acts and parts of acts.
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.
Aric
Nesbitt
Chairperson
To Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Moss,
Polehanki and Wojno
Nays: None
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
The Committee on Regulatory Reform reported
Senate Bill No. 543, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of
1998,” by amending section 701 (MCL 436.1701), as amended by 2010 PA 266.
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.
Aric
Nesbitt
Chairperson
To Report Out:
Yeas: Senators Nesbitt, Lauwers, VanderWall, Zorn, Polehanki and Wojno
Nays: Senators Theis, Johnson and Moss
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Tuesday, October 15, 2019, at 3:00 p.m., Room 1200,
Binsfeld Office Building
Present: Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall,
Zorn, Moss, Polehanki and Wojno
COMMITTEE ATTENDANCE REPORT
The Legislative Council submitted the following:
Meeting held on Tuesday, October 15, 2019, at 12:45 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Shirkey (C), Stamas, Schmidt, Horn, Ananich and Chang
COMMITTEE ATTENDANCE REPORT
The Committee on Environmental Quality
submitted the following:
Meeting held on Tuesday, October 15, 2019, at 1:00 p.m., Room 1200,
Binsfeld Office Building
Present: Senators Outman (C), Daley, Johnson, VanderWall, McBroom, Bayer
and Brinks
COMMITTEE ATTENDANCE REPORT
The Committee on Oversight submitted the
following:
Meeting held on Tuesday, October 15, 2019, at 2:00 p.m., Room 1300,
Binsfeld Office Building
Present: Senators McBroom (C), Lucido, Theis and Irwin
Excused: Senator MacDonald
Scheduled Meetings
Advice and Consent - Wednesday, October 23, 3:30 p.m.
and Thursday, October 24, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312
Agriculture -
Thursday, October 17, 8:30 a.m., Room 1200, Binsfeld Office Building (517)
373-1721
Economic and Small Business Development - Thursday, October 17, 12:00 noon, Room 1200, Binsfeld
Office Building (517) 373-1721
Health Policy and Human Services - Thursday, October 17, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517)
373-5323
Michigan Law Revision Commission - Wednesday, October 23, 11:30 a.m., Legislative Council
Conference Room, 3rd Floor, Boji Tower (517) 373-0212
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 12:08
p.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Thursday, October 17, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate