STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, October 17, 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
Father
Jose Cabrera of All Saints Catholic Parish of Bay City offered the following
invocation:
God of
justice, Father of truth, who guides creation in wisdom and goodness to
fulfillment in Christ, Your Son, open our hearts to the truth of His Gospel
that Your peace may rule in our hearts and Your justice guide our lives.
Father all-powerful,
Your gifts of love are countless and Your goodness infinite. As we come before
You with gratitude for Your kindness, open our hearts to have concern for every
man, woman, and child so that we may share Your gifts in loving service. You
have entrusted to us the great gift of freedom, a gift that calls forth
responsibility and commitment to the truth that all have a fundamental dignity
before You.
Heavenly
Father, abide with us and listen to our prayers. Open our hearts so that we may
make decisions wisely. Help us to put aside personal interests. Transform our
hearts so that we may serve our brothers and sisters truly, out of generosity
and not of self-centeredness.
Father,
grant us the gift of peace here on earth which is a glimpse of the future
promise You have made in Your Son, incarnate by the Holy Spirit.
You are
one God, forever and ever. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
Shirkey entered the Senate Chamber.
House Bill No. 4325
The motion prevailed, a majority of the
members serving voting therefor.
By
unanimous consent the Senate proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator McMorrow 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. 4325, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending sections
16201, 18101, 18107, 18111, and 18115 (MCL 333.16201, 333.18101, 333.18107,
333.18111, and 333.18115), section 16201 as amended by 2016 PA 49, sections
18101 and 18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA
262, and section 18115 as amended by 2006 PA 429, and by adding sections 18106,
18112, 18114, and 18116.
A bill
to amend 1976 PA 451, entitled “The revised school code,” by amending section
1136 (MCL 380.1136), as added by 2016 PA 367.
A bill
to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official
state personal identification card act,” by amending section 4 (MCL 28.304), as
amended by 2018 PA 47.
Senate Bill No. 76, entitled
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as amended by
2000 PA 112 and section 1307a as amended by 2012 PA 69.
The
bills were placed on the order of Third Reading of Bills.
Senate Bill No. 70, entitled
A bill
to create the address confidentiality program; to provide certain protections
for victims of domestic violence, sexual assault, stalking, or human
trafficking; to prescribe duties and responsibilities of certain state
departments; to require the promulgation of rules; to create a fund; to
prohibit the disclosure of certain information and obtaining a certification
under this act by fraud; and to prescribe penalties.
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.
Senate Bill No. 71, entitled
A bill
to amend 1954 PA 116, entitled “Michigan election law,” by amending sections
509q, 758, 759, and 761 (MCL 168.509q, 168.758, 168.759, and 168.761), section
509q as amended by 2012 PA 586, section 758 as amended by 1996 PA 207,
section 759 as amended by 2012 PA 523, and section 761 as amended by 2018 PA
129, and by adding sections 499b and 735a.
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.
Senate Bill No. 73, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections
40b, 307, 310, and 314 (MCL 257.40b, 257.307, 257.310, and 257.314), section
40b as amended by 2012 PA 498, sections 307 and 310 as amended by 2018 PA 177,
and section 314 as amended by 2011 PA 159, and by adding section 310f.
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.
Senate Bill No. 75, entitled
A bill
to amend 1972 PA 222, entitled “An act to provide for an official personal
identification card; to provide for its form, issuance and use; to regulate the
use and disclosure of information obtained from the card; to prescribe the
powers and duties of the secretary of state; to prescribe fees; to prescribe
certain penalties for violations; and to provide an appropriation for certain
purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292),
sections 1 and 2 as amended by 2018 PA 176 and section 1a as amended by 2008 PA
31, and by adding section 2a.
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.
House Bill No. 4325
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. 4325
The motion prevailed.
The
following bill was read a third time:
House Bill No. 4325, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16201, 18101, 18107, 18111, and 18115 (MCL 333.16201,
333.18101, 333.18107, 333.18111, and 333.18115), section 16201 as amended by
2016 PA 49, sections 18101 and 18111 as added by 1988 PA 421, section 18107 as
amended by 1989 PA 262, and section 18115 as amended by 2006 PA 429, and by
adding sections 18106, 18112, 18114, and 18116.
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. 268 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In
The Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to
Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to
codify, revise, consolidate, classify, and add to the laws relating to public
health; to provide for the prevention and control of diseases and disabilities;
to provide for the classification, administration, regulation, financing, and
maintenance of personal, environmental, and other health services and
activities; to create or continue, and prescribe the powers and duties of,
departments, boards, commissions, councils, committees, task forces, and other
agencies; to prescribe the powers and duties of governmental entities and
officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or
consolidation of hospitals or services; to provide for the collection and use
of data and information; to provide for the transfer of property; to provide
certain immunity from liability; to regulate and prohibit the sale and offering
for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,”.
The Senate agreed to the full title.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators
Hollier, Moss, McCann, Irwin, Bayer, Chang, Geiss, Polehanki,
McMorrow, Alexander, Wojno and Bullock introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
A bill to amend 1976 PA 220, entitled “Persons with
disabilities civil rights act,” (MCL 37.1101 to 37.1607) by adding section
102a.
The House of Representatives has passed the bill and ordered
that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Health Policy and Human Services.
A bill to amend 1956 PA 62, entitled “An act to
authorize the director of the department of state police to promulgate a
uniform traffic code; to authorize a city, township, or village to adopt the
uniform traffic code by reference without publication in full; and to prescribe
criminal penalties and civil sanctions for violation of the code,” by amending
section 1 (MCL 257.951), as amended by 2006 PA 297.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Health Policy and Human Services.
Statements
The
motion prevailed.
Senator Geiss’ statement is as follows:
I stand here with my colleagues,
Senator Bullock and Senator Santana. We together as members of the Michigan Legislative Black Caucus would like to
ask for a moment of silence recognizing that U.S. Representative,
Congressman Elijah Cummings, passed away this morning after a prolonged illness
and complications at the age of 68.
For many of us standing before
you, Congressman Cummings was a lion and a stalwart for fighting for people who
are marginalized and communities that are marginalized. His presence
representing people of color and communities of color in our legislative
chambers will be felt and will be sorely missed. I hope that all of us together
will recognize the great man that he was and that we can have a moment of
silence for him and his passing.
A moment of silence was observed
in memory of Elijah E. Cummings, United States Representative from Maryland.
Announcements of Printing and
Enrollment
The Secretary announced that the following House bills were
received in the Senate and filed on Wednesday, October 16:
House
Bill Nos. 4540 4541 4542 4543
The
Secretary announced that the following bills were printed and filed on
Wednesday, October 16, and are available on the Michigan Legislature website:
Senate
Bill Nos. 591 592
House
Bill Nos. 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122
Committee Reports
The Committee on Finance reported
House Bill No. 4069, entitled
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending section 34d (MCL 211.34d),
as amended by 2014 PA 164.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Jim
Runestad
Chairperson
To
Report Out:
Yeas: Senators Runestad,
Nesbitt, Daley, Bumstead, VanderWall,
Chang and Alexander
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Finance reported
House Bill No. 4465, entitled
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending section 9i (MCL 211.9i),
as added by 2002 PA 549.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Jim
Runestad
Chairperson
To
Report Out:
Yeas: Senators Runestad,
Nesbitt, Daley, Bumstead, VanderWall,
Chang and Alexander
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance
submitted the following:
Meeting held on Wednesday, October 16,
2019, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Runestad
(C), Nesbitt, Daley, Bumstead, VanderWall,
Chang and Alexander
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 527, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” by amending section 11 (MCL 250.1011)
and by adding section 11c.
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.
Tom
Barrett
Chairperson
To
Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers,
Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
House Bill No. 4485, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding
section 1081.
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.
Tom
Barrett
Chairperson
To
Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers,
Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
House Bill No. 4731, entitled
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” by amending section 21b (MCL
250.1021b), as added by 2019 PA 4.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Tom
Barrett
Chairperson
To
Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers,
Geiss, Bullock and Hollier
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation
and Infrastructure submitted the following:
Meeting held on Wednesday, October 16,
2019, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers,
Geiss, Bullock and Hollier
The Committee on Health Policy
and Human Services reported
House Bill No. 4325, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending sections 16201, 18101, 18107, 18111,
and 18115 (MCL 333.16201, 333.18101, 333.18107, 333.18111, and 333.18115),
section 16201 as amended by 2016 PA 49, sections 18101 and 18111 as added by
1988 PA 421, section 18107 as amended by 1989 PA 262, and section 18115 as
amended by 2006 PA 429, and by adding sections 18106, 18112, 18114, and 18116.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Bizon,
Johnson, LaSata, MacDonald, Theis,
Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy
and Human Services submitted the following:
Meeting held on Wednesday, October 16,
2019, at 2:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks,
Hertel, Santana and Wojno
COMMITTEE ATTENDANCE REPORT
The Committee on Insurance and
Banking submitted the following:
Meeting held on Wednesday, October 16, 2019,
at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Theis
(C), Lauwers, LaSata,
Nesbitt, Barrett, Horn, Geiss, Bullock and McMorrow
Excused: Senator Daley
COMMITTEE ATTENDANCE REPORT
The Committee on Natural
Resources submitted the following:
Meeting held on Wednesday, October 16,
2019, at 8:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Bumstead, Outman, Schmidt and McCann
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative
Rules submitted the following:
Meeting held on Wednesday, October 16,
2019, at 3:30 p.m., Room 326, House Office Building
Present: Senators Lucido,
McBroom, Theis, Hollier and Irwin
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
Families, Seniors, and Veterans - Wednesday, October 23, 3:00 p.m., Room 1200,
Binsfeld Office Building (517) 373-1721
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 10:24 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Tuesday, October 22, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate