STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, November 6, 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—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—excused Nesbitt—present
O God, creator of heaven and earth, You have
plans for us, plans to prosper and not to harm, plans to give hope and a
future. We give You glory and praise for the splendor of the world; but in a
special way we laud You for giving us life and for calling us to be partakers
of You in discovering the mysteries of creation and building a society where
all of us could fulfil the call You have given to each person; where all of us
could fulfil our dreams and our desires; where our families and our children
could grow towards a bright future.
We ask You for Your blessings upon each of us
as elected Senators and as servants of the people of Michigan. May the services
we provide to the people of Michigan will allow every person to grow and to fulfill
its dreams, desires, wishes, that may all would reach their fullness of life
and their happiness. May any law we approve, may any bill we propose, will be
for the growth of all.
Carrying them out may be a source of praise
for You for the glory and the power are Yours forever and ever. Grant this
through the gift of Your Son, Jesus. 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 Senator Hertel be
temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator Hollier be
excused from today’s session.
The motion prevailed.
Messages from the Governor
The following message from the Governor was
received and read:
November 5, 2019
I am
writing to inform you of my withdrawal of the following appointment submitted
to your office on October 4, 2019 pursuant to Public Act 350 of 1980, MCL
550.1652:
Health Endowment Fund Board
Ms.
Alexis N. Wiley of 200 Keelson Drive, Detroit, Michigan 48215, county of Wayne,
reappointed to represent an individual recommended by the House Minority
Leader, for a term commencing October 4, 2019 and expiring October 1, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The message was referred to the Committee on
Advice and Consent.
By unanimous consent the Senate proceeded to
the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed
to consideration of the following bill:
House
Bill No. 4959
The motion prevailed.
The following bill was read a third time:
House Bill No. 4959, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 601 (MCL 436.1601).
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. 296 Yeas—36
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—0
Excused—2
Hertel Hollier
Not
Voting—0
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:
“An act to create a commission for the control
of the alcoholic beverage traffic within this state, and to prescribe its
powers, duties, and limitations; to provide for powers and duties for certain
state departments and agencies; to impose certain taxes for certain purposes;
to provide for the control of the alcoholic liquor traffic within this state
and to provide for the power to establish state liquor stores; to prohibit the
use of certain devices for the dispensing of alcoholic vapor; to provide for
the care and treatment of alcoholics; to provide for the incorporation of
farmer cooperative wineries and the granting of certain rights and privileges
to those cooperatives; to provide for the licensing and taxation of activities
regulated under this act and the disposition of the money received under this
act; to prescribe liability for retail licensees under certain circumstances
and to require security for that liability; to provide procedures, defenses,
and remedies regarding violations of this act; to provide for the enforcement
and to prescribe penalties for violations of this act; to provide for
allocation of certain funds for certain purposes; to provide for the
confiscation and disposition of property seized under this act; to provide
referenda under certain circumstances; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Senator Hertel entered the Senate Chamber.
Senator Lauwers moved to reconsider the vote
by which the bill was passed.
The motion prevailed, a majority of the
members serving voting therefor.
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. 297 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The Chair: Nesbitt
The following bill was read a third time:
House Bill No. 4960, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 107 (MCL 436.1107), as
amended by 2001 PA 223.
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. 298 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
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:
“An act to create a commission for the control
of the alcoholic beverage traffic within this state, and to prescribe its
powers, duties, and limitations; to provide for powers and duties for certain
state departments and agencies; to impose certain taxes for certain purposes;
to provide for the control of the alcoholic liquor traffic within this state
and to provide for the power to establish state liquor stores; to prohibit the
use of certain devices for the dispensing of alcoholic vapor; to provide for
the care and treatment of alcoholics; to provide for the incorporation of
farmer cooperative wineries and the granting of certain rights and privileges
to those cooperatives; to provide for the licensing and taxation of activities regulated
under this act and the disposition of the money received under this act; to
prescribe liability for retail licensees under certain circumstances and to
require security for that liability; to provide procedures, defenses, and
remedies regarding violations of this act; to provide for the enforcement and
to prescribe penalties for violations of this act; to provide for allocation of
certain funds for certain purposes; to provide for the confiscation and
disposition of property seized under this act; to provide referenda under
certain circumstances; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4961, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 608.
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. 299 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
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:
“An act to create a commission for the control
of the alcoholic beverage traffic within this state, and to prescribe its
powers, duties, and limitations; to provide for powers and duties for certain
state departments and agencies; to impose certain taxes for certain purposes;
to provide for the control of the alcoholic liquor traffic within this state
and to provide for the power to establish state liquor stores; to prohibit the
use of certain devices for the dispensing of alcoholic vapor; to provide for
the care and treatment of alcoholics; to provide for the incorporation of
farmer cooperative wineries and the granting of certain rights and privileges
to those cooperatives; to provide for the licensing and taxation of activities
regulated under this act and the disposition of the money received under this
act; to prescribe liability for retail licensees under certain circumstances
and to require security for that liability; to provide procedures, defenses,
and remedies regarding violations of this act; to provide for the enforcement
and to prescribe penalties for violations of this act; to provide for
allocation of certain funds for certain purposes; to provide for the
confiscation and disposition of property seized under this act; to provide
referenda under certain circumstances; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to
the order of
General Orders
The motion prevailed, and the President pro
tempore, Senator Nesbitt, designated Senator Runestad 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 without amendment, the following bills:
House Bill No. 4044, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending sections 1205 and 1239 (MCL 500.1205 and
500.1239), section 1205 as amended by 2008 PA 422 and section 1239 as amended
by 2008 PA 423.
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by
2014 PA 431.
The bills were placed on the order of Third
Reading of Bills.
Senate Bill No. 415, entitled
A bill to amend 1984 PA 379, entitled “An act
to define and regulate certain credit card transactions, agreements, charges,
and disclosures; to prescribe the powers and duties of the financial
institutions bureau and certain state agencies; to provide for the promulgation
of rules; and to provide for fines and penalties,” by amending the title and
section 1 (MCL 493.101).
Substitute (S-1)
House Bill No. 4120, entitled
A bill to amend 1909 PA 283, entitled “An act
to revise, consolidate, and add to the laws relating to the establishment,
opening, discontinuing, vacating, closing, altering, improvement, maintenance,
and use of the public highways and private roads; the condemnation of property
and gravel therefor; the building, repairing and preservation of bridges;
maintaining public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush within this
state; providing for the election or appointment and defining the powers,
duties, and compensation of state, county, township, and district highway
officials; and to prescribe penalties and provide remedies,” by amending
section 10 of chapter IV (MCL 224.10), as amended by 2004 PA 516.
The following are the amendments recommended
by the Committee of the Whole:
1. Amend page 3, line 10, after “(5)” by striking
out “A” and inserting “Except as
otherwise provided in this subsection, a”.
2. Amend page 3, line 13, after “exceed” by
striking out “30” and inserting “15”.
3. Amend page 3, line 14, after “less.” by
inserting “A county road commission for
a county with a population of less than 100,000 may enter into a contract or
agreement for the purchase of real or personal property for public purposes, to
be paid for in installments over a period not to exceed 30 years or the
useful life of the property acquired, whichever is less.”.
Announcements
of Printing and Enrollment
The Secretary announced that the following
House bills were received in the Senate and filed on Tuesday, November 5:
House Bill Nos. 4687 4689 4851 4912 4958 4980 4981 4982 4983 4984 4985 5120
The Secretary announced
the enrollment printing and presentation to the Governor on Tuesday, November 5 for her approval of the following bill:
Enrolled
Senate Bill No. 530 at 11:55 a.m.
The Secretary announced that the following
bills were printed and filed on Tuesday, November 5, and are available on the
Michigan Legislature website:
Senate Bill Nos. 631 632 633 634
House Bill Nos. 5191 5192 5193 5194
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Education and Career
Readiness submitted the following:
Meeting held on Tuesday, November 5, 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 5, 2019, at
2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C), Lucido, Theis,
MacDonald and Irwin
Scheduled Meetings
Appropriations - Thursday, November 7, 9:00 a.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Subcommittees
-
Talent
and Economic Development/MEDC - Tuesday, November 12,
3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-2768
Universities and Community Colleges and House Higher
Education and Community Colleges Appropriations Subcommittee - Thursday, November 7, 9:00 a.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
(CANCELED)
Economic and Small Business Development - Thursday,
November 7, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721
Judiciary and Public Safety - Thursday, November 7, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373-5312
Oversight -
Tuesday, November 12, 2:00 p.m., Room 1300, Binsfeld Office Building (517)
373-5312
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:32
a.m.
The President pro tempore, Senator Nesbitt,
declared the Senate adjourned until Thursday, November 7, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate