STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Thursday, March 5, 2020.
10:00 a.m.
The
Senate was called to order by the Assistant President pro tempore, Senator Lana
Theis.
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—excused
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
Heavenly Father, as we gather
here this day, we lift our hearts to You in thanksgiving for all of the
blessings we enjoy. I ask that You bestow a special blessing upon each one
gathered here in this assembly and upon the important work they have been
entrusted to do. Grant them wisdom and give them grace to accomplish their work
with justice and dignity.
We pray that You would inspire
each one of us to be instruments of Your peace and compassion, thus
safeguarding the freedom and security we enjoy. Lord, fill us with Your loving
presence so that as we journey forward, we might extend Your love and grace to
our neighbor, work united in peace for the good of all people, and bring
dignity and honor to the positions we hold.
We pray all of this in Jesus’
most holy name. Amen.
The Assistant President pro
tempore, Senator Theis, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Schmidt entered the Senate
Chamber.
Senator MacGregor moved that Senator
Stamas be temporarily excused from today’s session.
The motion prevailed.
Senator MacGregor moved that Senator
Shirkey be excused from today’s session.
The motion prevailed.
Senator Stamas entered the Senate
Chamber.
By unanimous consent the Senate
proceeded to the order of
Messages from the House
A bill to amend 1846 RS 81,
entitled “Of fraudulent conveyances and contracts, relative to goods, chattels,
and things in action,” by amending section 2 (MCL 566.132), as amended by 1992
PA 245.
The House of Representatives has
passed the bill and ordered that it be given immediate effect.
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting
therefor.
The bill was referred to the Secretary
for enrollment printing and presentation to the Governor.
By unanimous consent the Senate
proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
House
Bill No. 5174
The motion prevailed.
The following bill was read a third
time:
House Bill No. 5174, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by
amending section 1915 (MCL 500.1915), as amended by 2006 PA 644.
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. 96 Yeas—37
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
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—0
Excused—1
Shirkey
Not
Voting—0
In The Chair: Theis
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting
therefor.
Pursuant to
Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the
insurance and surety business; to regulate the incorporation or formation of
domestic insurance and surety companies and associations and the admission of
foreign and alien companies and associations; to provide their rights, powers,
and immunities and to prescribe the conditions on which companies and
associations organized, existing, or authorized under this act may exercise
their powers; to provide the rights, powers, and immunities and to prescribe
the conditions on which other persons, firms, corporations, associations, risk
retention groups, and purchasing groups engaged in an insurance or surety
business may exercise their powers; to provide for the imposition of a
privilege fee on domestic insurance companies and associations and the state
accident fund; to provide for the imposition of a tax on the business of
foreign and alien companies and associations; to provide for the imposition of
a tax on risk retention groups and purchasing groups; to provide for the
imposition of a tax on the business of surplus line agents; to provide for the
imposition of regulatory fees on certain insurers; to provide for assessment
fees on certain health maintenance organizations; to modify tort liability
arising out of certain accidents; to provide for limited actions with respect
to that modified tort liability and to prescribe certain procedures for
maintaining those actions; to require security for losses arising out of
certain accidents; to provide for the continued availability and affordability
of automobile insurance and homeowners insurance in this state and to
facilitate the purchase of that insurance by all residents of this state at
fair and reasonable rates; to provide for certain reporting with respect to
insurance and with respect to certain claims against uninsured or self-insured
persons; to prescribe duties for certain state departments and officers with
respect to that reporting; to provide for certain assessments; to establish and
continue certain state insurance funds; to modify and clarify the status,
rights, powers, duties, and operations of the nonprofit malpractice insurance
fund; to provide for the departmental supervision and regulation of the
insurance and surety business within this state; to provide for regulation over
worker’s compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an
automobile theft prevention authority to reduce the number of automobile thefts
in this state; to prescribe the powers and duties of the automobile theft
prevention authority; to provide certain powers and duties upon certain
officials, departments, and authorities of this state; to provide for an
appropriation; to repeal acts and parts of acts; and to provide penalties for
the violation of this act,”.
The Senate agreed to the full title.
By unanimous consent the Senate
proceeded to the order of
General Orders
The motion
prevailed, and the Assistant President pro tempore, Senator Theis, designated
Senator Alexander as Chairperson.
After some
time spent therein, the Committee arose; and the Assistant President pro
tempore, Senator Theis, having resumed the Chair, the
Committee reported back to the Senate, favorably and without amendment, the
following bill:
Senate Bill No. 533, entitled
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” by amending section 529 (MCL 750.529), as
amended by 2004 PA 128.
The bill was placed on the order of
Third Reading of Bills.
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senator Alexander offered the following
resolution:
Senate
Resolution No. 106.
A resolution to commemorate the
100th anniversary of the passage and ratification of the 19th Amendment to the
United States Constitution.
Whereas, Between 1919 and 1920,
The Sixty-Sixth United States Congress and state legislatures debated whether
to amend the Constitution to provide suffrage to women; and
Whereas, The 19th Amendment was
guided by the shared ideals of freedom, sovereignty, democracy, civil
liberties, and individual rights; and
Whereas, The U.S. House of
Representatives approved the proposed 19th Amendment on May 21, 1919 followed
by the U.S. Senate on June 4, 1919; and
Whereas, The introduction,
passage, and ratification of the 19th Amendment culminated the decades of
struggles and work by advocates of women’s rights across the United States and
worldwide; and
Whereas, The ratification of the
19th Amendment in the United States ensured that women could fully participate
in our democracy, while changing the role of women’s civic responsibilities;
and
Whereas, On August 18, 1920,
three-fourths of the states ratified the 19th Amendment which provided the
necessary support under Article V of the Constitution. Then, the 19th Amendment
became part of the U.S. Constitution on August 26, 1920; now, therefore,
be it
Resolved by the Senate, That the
members of this legislative body commemorate the 100th anniversary of the
passage and ratification of the 19th Amendment to the United States
Constitution; and be it further
Resolved, That we reaffirm the
desire of Congress to continue to strengthen democratic participation and inspire future generations to cherish and preserve
the historic precedent established under the 19th Amendment.
Senator MacGregor moved that the
rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending sections 203, 204, 537, and 609c (MCL 436.1203, 436.1204, 436.1537,
and 436.1609c), section 203 as amended by 2016 PA 520, section 204 as added by
2018 PA 178, section 537 as amended by 2018 PA 560, and section 609c as added
by 2017 PA 130.
The
bill was read a first and second time by title and referred to the Committee on
Regulatory Reform.
Senator LaSata introduced
A bill to amend 1998 PA 58, entitled “Michigan liquor
control code of 1998,” by amending section 517a (MCL 436.1517a), as amended by
2018 PA 472.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Alexander introduced
A bill to amend 1956 PA 218, entitled “The insurance
code of 1956,” by amending sections 261 and 2112 (MCL 500.261 and 500.2112),
section 261 as added by 2019 PA 21 and section 2112 as amended by 2015 PA 141,
and by adding section 2111g.
The bill was read a first and second time by title and
referred to the Committee on Insurance and Banking.
Senator Alexander introduced
A bill to amend 1893 PA 206, entitled “The general
property tax act,” by amending section 78m (MCL 211.78m), as amended by 2014 PA
501.
The bill was read a first and second time by title and
referred to the Committee on Finance.
Senators Wojno, Polehanki, Bullock, Alexander and
MacDonald introduced
A bill to regulate pet cemeteries; to regulate the sale
of pet cemetery merchandise and services; and to prescribe penalties and
remedies.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
A bill to amend 1984 PA 431, entitled “The management
and budget act,” by amending section 261 (MCL 18.1261), as amended by 2017 PA
21.
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 Appropriations.
A bill to amend 1978 PA 368, entitled “Public health
code,” by amending sections 2882 and 2891 (MCL 333.2882 and 333.2891), section
2882 as amended by 2002 PA 691 and section 2891 as amended by 2019 PA 89.
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 Families, Seniors, and Veterans.
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 50501, 50502,
and 50507 (MCL 324.50501, 324.50502, and 324.50507), sections 50501 and 50502
as amended by 2004 PA 124 and section 50507 as amended by 2018 PA 116.
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 Appropriations.
A bill to amend 1990 PA 319, entitled “An act to
prohibit local units of government from imposing certain restrictions on the
ownership, registration, purchase, sale, transfer, transportation, or
possession of pistols, other firearms, or pneumatic guns, ammunition for
pistols or other firearms, or components of pistols or other firearms,” by
amending section 2 (MCL 123.1102), as amended by 2015 PA 29.
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 Government Operations.
A bill to amend 1984 PA 431, entitled “The management
and budget act,” (MCL 18.1101 to 18.1594) by adding section 385.
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 Appropriations.
A bill to amend 1984 PA 431, entitled “The management
and budget act,” (MCL 18.1101 to 18.1594) by adding section 490.
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 Appropriations.
A bill to amend 1984 PA 431, entitled “The management
and budget act,” (MCL 18.1101 to 18.1594) by adding section 261e.
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 Appropriations.
A bill to amend 1984 PA 431, entitled “The management
and budget act,” (MCL 18.1101 to 18.1594) by adding section 261f.
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 Appropriations.
Announcements
of Printing and Enrollment
The Secretary announced that the
following House bills were received in the Senate and filed on Wednesday, March
4:
House
Bill Nos. 5053 5289 5333 5479 5492 5493 5494 5495
The Secretary announced that the following
bills were printed and filed on Wednesday, March 4, and are available on the
Michigan Legislature website:
Senate
Bill Nos. 812 813 814 815 816 817 818
House
Bill Nos. 5576 5577 5578 5579
Committee Reports
The Committee on Appropriations reported
Senate Bill No. 592, entitled
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.
With the recommendation that the
substitute (S-2) be adopted and that the bill then pass.
The committee further recommends
that the bill be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead,
Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad,
Schmidt, Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill and the substitute
recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations
reported
Senate Bill No. 799, entitled
A bill to authorize the state administrative
board to accept and convey real property in Gogebic County; to prescribe
conditions for the conveyance; and to provide for disposition of the revenue
from the conveyance.
With the recommendation that the
substitute (S-2) be adopted and that the bill then pass.
The committee further recommends
that the bill be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead,
Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad,
Schmidt, Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill and the substitute
recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations
reported
House Bill No. 4908, entitled
A bill to amend 1966 PA 346,
entitled “State housing development authority act of 1966,” by amending section
32 (MCL 125.1432), as amended by 2012 PA 328.
With the recommendation that the
bill pass.
The committee further recommends
that the bill be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead,
Barrett, Bizon, LaSata, MacDonald, MacGregor, Outman, Schmidt, Victory, Hertel,
Bayer, Hollier, Irwin, McCann and Santana
Nays: Senators Nesbitt and
Runestad
The bill was referred to the
Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Appropriations
submitted the following:
Meeting held on Wednesday, March
4, 2020, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Stamas (C),
Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman,
Runestad, Schmidt, Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
COMMITTEE
ATTENDANCE REPORT
The Committee on Natural
Resources submitted the following:
Meeting held on Wednesday, March
4, 2020, at 8:00 a.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C),
Bumstead, Outman, Schmidt and McCann
COMMITTEE
ATTENDANCE REPORT
The Committee on Insurance and
Banking submitted the following:
Meeting held on Wednesday, March
4, 2020, at 9:00 a.m., Room 1100, Binsfeld Office Building
Present: Senators Theis (C),
Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and McMorrow
COMMITTEE
ATTENDANCE REPORT
The Committee on Finance
submitted the following:
Meeting held on Wednesday, March
4, 2020, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Runestad (C),
Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander
COMMITTEE
ATTENDANCE REPORT
The Appropriations Subcommittee
on Community Health/Human Services submitted the following:
Meeting held on Wednesday, March
4, 2020, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators MacGregor (C),
Bizon, Schmidt, LaSata, MacDonald, Hertel, Irwin and Santana
Excused: Senator Barrett
COMMITTEE
ATTENDANCE REPORT
The Committee on Transportation
and Infrastructure submitted the following:
Meeting held on Wednesday, March
4, 2020, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Barrett (C),
McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Excused: Senator LaSata
COMMITTEE
ATTENDANCE REPORT
The Appropriations Subcommittee
on General Government submitted the following:
Meeting held on Wednesday, March
4, 2020, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Victory,
Bumstead and Irwin
Excused: Senator Stamas (C)
COMMITTEE
ATTENDANCE REPORT
The Appropriations Joint Subcommittee
on Capital Outlay submitted the following:
Meeting held on Wednesday, March
4, 2020, at 3:30 p.m., Room 519, House Office Building
Present:
Senators Horn (C), Outman, Zorn, Runestad, Bizon, Schmidt, Santana, Hertel and
McCann
Scheduled Meetings
Appropriations
-
Subcommittees -
Agriculture and Rural Development - Thursday, March 19, 3:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
General Government - Wednesdays, March 11 and March
18, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
(517) 373-2768
Justice and Public Safety - Thursdays, March 12 and March 26,
1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Universities and Community Colleges - Thursday, March 12, 3:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Capitol
Commission - Monday, March 9, 11:00 a.m., Room H-65, Capitol
Building (517) 373-0184
Energy and
Technology - Tuesday,
March 10, 2:00 p.m., Room 1100, Binsfeld Office Building (517) 373‑1721
Oversight - Tuesday, March 10, 2:00 p.m., Room 1300, Binsfeld Office Building (517)
373-5312
Regulatory Reform - Tuesday, March 10, 3:00 p.m., Room
1200, Binsfeld Office Building (517) 373-5314
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:25 a.m.
The
Assistant President pro tempore, Senator Theis, declared the Senate adjourned
until Tuesday, March 10, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate