No. 81

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, October 14, 2020.

 

12:15 a.m.

 

 

The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.

 

The roll was called by the Assistant 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—excused                           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                             


 

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

Dear Father, we thank You that regardless of the time of day You are with us and that Your mercies never fail, there is no shadow of turning with You, but You are faithful, that You are with us in our time of need. Father, we pray that in this great hour of need in our nation when we are such needy people, that we would not style ourselves as being strong, style ourselves as having all the answers, or being the ones who can fix our problems on our own. Help us to cast our cares on You, Father. Help us to cast our needs to You. Help us to be humble and recognize that we are weak, we are flailing, ignorant, unable to solve the great problems that plague our state and our nation on our own.

Father, be merciful to us and provide for us, again, Your blessing, Your peace, and Your prosperity. We especially pray for those who suffer because of this disease, that You would bring mercy to us, that You would calm our hearts. Help us to be reasoned and rational, to think clearly, to not be swayed by deceit and lies, but to be freed by truth. Help us all to see what is true and to wait for it, to wait patiently for truth, so we can make wise decisions for Your people in this state.

I pray for our Governor, Father, and the great burden that is on her, for her people. We pray that she would recognize the suffering and that You would protect her and her family.

I pray all this in Jesus’ name. 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 Johnson be excused from today’s session.

The motion prevailed.

 

 

Senator MacGregor moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

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

 

 

Protest

 

 

Pursuant to rule 3.506, Senator Chang submitted her reasons in writing for voting “no” on the adoption of Senate Resolution No. 149 on October 13.

Senator Chang's statement is as follows:

Mr. President, I respectfully vote “no” on Senate Resolution No. 149. Below is the language of a law enforcement related resolution that I would be proud to have supported instead.

 

A resolution of gratitude for law enforcement agencies and officers across the state.

Whereas, Recent incidents related to the plot to overthrow Michigan’s state government by kidnapping the Governor or storming the Michigan State Capitol have proven law enforcement is a necessary and vital function of our government at all levels; and

Whereas, The U.S. Department of Justice, Federal Bureau of Investigation, Michigan State Police, and local law enforcement worked together to conduct the investigation and arrest thirteen people in connection with the scheme to overthrow the state's government; and

Whereas, Law enforcement officers are courageous individuals working in dangerous situations to enforce the laws enacted by the Legislature to ensure public safety, protect the health and possessions of our citizens, and prevent crime and disorder; and

Whereas, Communities across the state and from across the political spectrum, including current and former law enforcement officials, have called for improvements to our law enforcement systems to ensure that we have strong, fair, and effective systems to ensure public safety and that we restore police and community relations and trust; and

Whereas, The Legislature will continue its work to develop bipartisan solutions to improve law enforcement while at the same time ensuring sufficient funding for local law enforcement agencies; now, therefore, be it

Resolved by the Senate, That we thank law enforcement officers across our state for protecting Michigan residents and commit to working toward bipartisan solutions regarding improving public safety; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan State Police, Federal Bureau of Investigation, and U.S. Department of Justice.

Recess

 

 

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

The motion prevailed, the time being 12:21 a.m.

 

12:29 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

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

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Barrett 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 with a substitute therefor, the following bill:

House Bill No. 6030, entitled

A bill to provide minimum requirements for claims alleging exposure to COVID-19; establishing liability standards for claims alleging exposure to COVID-19; precluding liability if conduct complies with regulations, orders, or public health guidance; and limiting liability with respect to certain products made, sold, or donated in response to COVID-19.

Substitute (S-2)

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

 

 

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

House Bill No. 6032, entitled

A bill to prohibit an employer from taking certain actions against an employee who does not report to work under certain circumstances related to COVID-19; to prohibit an employee from reporting to work under certain circumstances related to COVID-19; to prohibit discrimination and retaliation for engaging in certain activities; to provide remedies; and to repeal acts and parts of acts.

Substitute (S-1)

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

 

 

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

House Bill No. 6101, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 85a.

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.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

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

House Bill No. 6030

House Bill No. 6032

House Bill No. 6101

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

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

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

House Bill No. 6030

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 6030, entitled

A bill to provide minimum requirements for claims alleging exposure to COVID-19; establishing liability standards for claims alleging exposure to COVID-19; precluding liability if conduct complies with regulations, orders, or public health guidance; and limiting liability with respect to certain products made, sold, or donated in response to COVID-19.

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. 403                                           Yeas—23

 

 

Ananich                            Horn                        McBroom                              Stamas

Barrett                               LaSata                     Nesbitt                                   Theis

Bizon                                Lauwers                  Outman                                  VanderWall

Bumstead                          Lucido                     Runestad                                Victory

Daley                                MacDonald              Schmidt                                 Zorn

Hollier                               MacGregor              Shirkey                                 

 

 

                                                                     Nays—14

 

 

Alexander                          Chang                      McCann                                 Polehanki

Bayer                                Geiss                       McMorrow                             Santana

Brinks                               Hertel                      Moss                                     Wojno

Bullock                             Irwin                                                                    

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 6032, entitled

A bill to prohibit an employer from taking certain actions against an employee who does not report to work under certain circumstances related to COVID-19; to prohibit an employee from reporting to work under certain circumstances related to COVID-19; to prohibit discrimination and retaliation for engaging in certain activities; to provide remedies; and to repeal acts and parts of acts.

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. 404                                           Yeas—37

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

Daley                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 6101, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 85a.

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. 405                                           Yeas—29

 

 

Ananich                            Geiss                       MacDonald                            Schmidt

Barrett                               Hertel                      MacGregor                             Shirkey

Bizon                                Hollier                     McBroom                              Stamas

Brinks                               Horn                        McCann                                 Theis

Bullock                             LaSata                     Nesbitt                                   VanderWall

Bumstead                          Lauwers                  Outman                                  Victory

Chang                                Lucido                     Runestad                                Zorn

Daley                                                                                                             

                                                                      Nays—8

 

 

Alexander                          Irwin                       Moss                                     Santana

Bayer                                McMorrow              Polehanki                               Wojno

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 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 prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”.

The Senate agreed to the full title.

 

 

Recess

 

 

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

The motion prevailed, the time being 12:44 a.m.

 

12:50 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 886, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17, 27, 28c, 28d, 29, and 48 (MCL 421.17, 421.27, 421.28c, 421.28d, 421.29, and 421.48), sections 17 and 48 as amended by 2011 PA 269, section 27 as amended by 2016 PA 522, section 28c as amended by 2012 PA 579, section 28d as added by 2012 PA 216, section 29 as amended by 2013 PA 146, and by adding section 32c.

The House of Representatives has substituted (H-6) the bill.

The House of Representatives has passed the bill as substituted (H-6), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 17, 27, 28, 28c, 28d, 29, 32, 48, and 64 (MCL 421.17, 421.27, 421.28, 421.28c, 421.28d, 421.29, 421.32, 421.48, and 421.64), sections 17, 48, and 64 as amended by 2011 PA 269, sections 27 and 32 as amended by 2016 PA 522, section 28 as amended by 2020 PA 83, section 28c as amended by 2012 PA 579, section 28d as added by 2012 PA 216, and section 29 as amended by 2013 PA 146, and by adding sections 32c and 32d.

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. 406                                           Yeas—37

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

Daley                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving 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.

Senate Bill No. 911, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 18.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), 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. 407                                           Yeas—37

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               LaSata                     Nesbitt                                   VanderWall

Bullock                             Lauwers                  Outman                                  Victory

Bumstead                          Lucido                     Polehanki                               Wojno

Chang                                MacDonald              Runestad                                Zorn

Daley                                                                                                             

 

 

                                                                      Nays—0

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

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

The motion prevailed.

Senator Horn’s statement is as follows:

I’m just going to talk briefly. We’ve been here for a couple of days now. I just wanted to say this about both Senate Bill Nos. 911 and 886 that we just passed, and including the liability bills that we passed previously.

You know, we all have been invited to beautiful receptions—wedding receptions and a number of different things. We walk in and the tables are all dressed up and the silverware is polished, the food is being prepared, and there are floral arrangements all over. We don’t see the work that goes on behind the scenes. I have to tell you, since the Supreme Court decision, our staff—our legal counsels in both the House and the Senate and the administration, our policy people, LSB—have been working overtime to prepare us for this day. And I’m just so proud of the work that’s been done by everybody that’s been involved in this and didn’t want this evening to go by and this time to pass without thanking properly our staffs in the Senate, the House, and their relationship with the administration and all the work that’s been done.

So thank you and kudos to all of you for all of the hard work that you’ve done.

 

By unanimous consent the Senate returned to the order of

General Orders

 

 

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

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Barrett 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 with a substitute therefor, the following bill:

House Bill No. 6031, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 85.

Substitute (S-2)

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 1, line 4, after “statutes” by inserting a comma and “rules,”.

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

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

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

House Bill No. 6031

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. 6031

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 6031, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 85.

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. 408                                           Yeas—23

 

 

Ananich                            Horn                        McBroom                              Stamas

Barrett                               LaSata                     Nesbitt                                   Theis

Bizon                                Lauwers                  Outman                                  VanderWall

Bumstead                          Lucido                     Runestad                                Victory

Daley                                MacDonald              Schmidt                                 Zorn

Hollier                               MacGregor              Shirkey                                 

                                                                     Nays—14

 

 

Alexander                          Chang                      McCann                                 Polehanki

Bayer                                Geiss                       McMorrow                             Santana

Brinks                               Hertel                      Moss                                     Wojno

Bullock                             Irwin                                                                    

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 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 prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”.

The Senate agreed to the full title.

 

 

Recess

 

 

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

The motion prevailed, the time being 1:07 a.m.

 

1:52 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 1094, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21717 (MCL 333.21717), as amended by 2014 PA 66, and by adding section 5145.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), 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. 409                                           Yeas—36

 

 

Alexander                          Daley                       MacDonald                            Santana

Ananich                            Geiss                       MacGregor                             Schmidt

Barrett                               Hertel                      McBroom                              Shirkey

Bayer                                Hollier                     McCann                                 Stamas

Bizon                                Horn                        McMorrow                             Theis

Brinks                               Irwin                       Moss                                     VanderWall

Bullock                             LaSata                     Nesbitt                                   Victory

Bumstead                          Lauwers                  Outman                                  Wojno

Chang                                Lucido                     Polehanki                               Zorn

 

 

                                                                      Nays—1

 

 

Runestad                                                                                                        

 

 

                                                                   Excused—1

 

 

Johnson                                                                                                         

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senator MacGregor moved that when the Senate adjourns today, it stand adjourned until Wednesday, October 21, at 10:00 a.m.

The motion prevailed.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 13:

House Bill Nos.     4035   5756   5757   5981  6100   6294   6295   6296  6297

 

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, October 14:

House Bill No.     6137

 

The Secretary announced that the following bills and resolutions were printed and filed on Tuesday, October 13, and are available on the Michigan Legislature website:

Senate Bill Nos.    1193   1194   1195   1196  1197  1198

Senate Resolution Nos.     148    149

Committee Reports

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 830, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 65j.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 831, entitled

A bill to amend 1975 PA 46, entitled “An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts,” by amending sections 1 and 5 (MCL 4.351 and 4.355), section 1 as amended by 1998 PA 318 and section 5 as amended by 2018 PA 571, and by adding section 4a.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 1152, entitled

A bill to regulate the treatment of incarcerated individuals in a jail or lockup who are pregnant or are in a postpartum period; and to provide for the powers and duties of certain local governmental officers and entities.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5844, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16296 and 16299 (MCL 333.16296 and 333.16299), section 16299 as amended by 2012 PA 499.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary and Public Safety reported

House Bill No. 5846, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 204a, 208, 303, 304, 317, 319, 320e, 321a, 328, and 907 (MCL 257.204a, 257.208, 257.303, 257.304, 257.317, 257.319, 257.320e, 257.321a, 257.328, and 257.907), section 204a as amended by 2016 PA 332, section 208 as amended by 2006 PA 565, section 303 as amended by 2012 PA 498, section 304 as amended by 2018 PA 48, section 317 as amended by 2018 PA 566, section 319 as amended by 2016 PA 358, section 320e as amended by 2003 PA 152, section 321a as amended by 2017 PA 236, section 328 as amended by 2015 PA 135, and section 907 as amended by 2015 PA 126; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5847, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 701 and 703 (MCL 436.1701 and 436.1703), section 701 as amended by 2020 PA 78 and section 703 as amended by 2019 PA 131.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5849, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2011 PA 234.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5850, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 28 (MCL 552.628), as amended by 2009 PA 193.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

The Committee on Judiciary and Public Safety reported

House Bill No. 5851, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7408a (MCL 333.7408a), as amended by 2012 PA 501.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5852, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1e (MCL 769.1e), as amended by 2000 PA 220.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5853, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 239, 312a, 325, 503, 624b, 677a, 682c, 698, 707c, and 907 (MCL 257.208b, 257.239, 257.312a, 257.325, 257.503, 257.624b, 257.677a, 257.682c, 257.698, 257.707c, and 257.907), section 208b as amended by 2019 PA 88, section 312a as amended by 2016 PA 318, section 503 as added by 2013 PA 218, section 624b as amended by 2003 PA 61, section 682c as added by 2012 PA 262, section 698 as amended by 2018 PA 342, and section 907 as amended by 2015 PA 126.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5854, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 904, 904a, and 905 (MCL 257.625, 257.904, 257.904a, and 257.905), section 625 as amended by 2017 PA 153, section 904 as amended by 2018 PA 212, and section 904a as amended by 1985 PA 53, and by adding section 83; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary and Public Safety reported

House Bill No. 5855, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1599 and 1809 (MCL 380.1599 and 380.1809), section 1809 as added by 1995 PA 96.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5856, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40118, 41105, 47327, 48738, 80104, 80177, 80178b, 81101, 81134, 82101, 82128, and 82129b (MCL 324.40118, 324.41105, 324.47327, 324.48738, 324.80104, 324.80177, 324.80178b, 324.81101, 324.81134, 324.82101, 324.82128, and 324.82129b), section 40118 as amended by 2017 PA 124, sections 41105 and 47327 as added by 1995 PA 57, section 48738 as amended by 2014 PA 541, section 80104 as amended by 2020 PA 72, section 80177 as amended by 2014 PA 402, section 80178b as added by 2014 PA 402, sections 81101 and 81134 as amended by 2014 PA 405, section 82101 as amended by 2016 PA 294, section 82128 as amended by 2014 PA 404, and section 82129b as added by 2014 PA 404.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 5857, entitled

A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending sections 257 and 267 (MCL 462.257 and 462.267).

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

House Bill No. 6235, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8827 (MCL 600.8827), as amended by 2003 PA 95.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

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

The Committee on Judiciary and Public Safety reported

House Concurrent Resolution No. 29.

A concurrent resolution opposing the enactment and enforcement of a state law, under a federal mandate, that requires the suspension or revocation or the delay of issuance or reinstatement, of a driver’s license to an individual convicted of a drug offense.

(For text of resolution, see Senate Journal No. 74, p. 2014.)

With the recommendation that the concurrent resolution be adopted.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

Yeas: Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin

Nays: None

The concurrent resolution was placed on the order of Resolutions.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Tuesday, October 13, 2020, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Lucido (C), VanderWall, Barrett, Runestad, Chang and Irwin

Excused: Senator Johnson

 

 

Scheduled Meetings

 

 

COVID-19 Pandemic Joint Select – Monday, October 19, 10:00 a.m., Room 352, House Appropriations Room, 3rd Floor, Capitol Building (517) 373-5795

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 1:56 a.m.

 

In pursuance of the order previously made, the President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Wednesday, October 21, 2020, at 10:00 a.m.

 

 

                                                                                                     MARGARET O’BRIEN

                                                                                                     Secretary of the Senate