No. 77

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, August 20, 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—excused                                 Johnson—excused                           Runestad—excused

Bayer—present                                    LaSata—excused                             Santana—present

Bizon—present                                    Lauwers—present                            Schmidt—present

Brinks—present                                   Lucido—present                              Shirkey—present

Bullock—present                                 MacDonald—present                       Stamas—present

Bumstead—present                              MacGregor—excused                       Theis—present

Chang—present                                   McBroom—excused                        VanderWall—excused

Daley—present                                    McCann—present                            Victory—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—excused                                  Moss—present                                 Zorn—present

Hollier—present                                  Nesbitt—present                             


 

Sister Nancy Marie Jamroz of Madonna University of Livonia offered the following invocation:

Loving and gracious God, Creator of all that is good, we praise and thank You for all the blessings we receive each day.

Today we acknowledge the men and women who generously serve our country as public servants, as Senators of the state of Michigan. We pray that all who serve our nation as leaders be always mindful of the common good and the dignity of each and every person. Building a future of freedom requires that we promote and uphold values that will benefit those who reside in our state and provide resources to ensure them a peaceful and promising life. Therefore we ask You, God, that You fill them with wisdom as they make decisions that will impact our lives.

Inspired by the life and example of others who have faithfully served, we use words ascribed to a 12th century saint—Francis of Assisi—to guide our living and serving: Lord, make us instruments of your peace. Where there is hatred, let us bring love; where there is injury, pardon; and where there’s doubt, true faith. Where there’s despair in life, let us bring hope; where there is darkness, light; and where there is sadness, joy.

We make our prayer with open minds and hearts and willing and faithful spirits. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Lauwers moved that Senators Barrett, Johnson, LaSata, MacGregor, McBroom, Runestad and VanderWall be excused from today’s session.

The motion prevailed.

 

Senator Chang moved that Senator Hertel be excused from today’s session.

The motion prevailed.

 

 

The following communication was received and read:

Office of the Senate Majority Leader

August 16, 2019

Pursuant to Executive Order 2019-13, I appoint the following members to the Michigan Science, Technology, Engineering, and Mathematics Education Advisory Council (“MI-STEM Council”):

Senator Dale Zorn (R)

Senator Dayna Polehanki (D)

                                                                                       Sincerely,

                                                                                       Mike Shirkey

                                                                                       16th Senate District

                                                                                       Senate Majority Leader

The communication was referred to the Secretary for record.

 

 

Messages from the Governor

 

 

The following message from the Governor was received and read:

 

APPROPRIATIONS; SUPPLEMENTAL

 

June 24, 2019

Today I have signed Enrolled Senate Bill 150. This bill provides needed funding to ensure a complete Census count, implement the automatic voter registration and expanded absentee voting provisions of Proposal 3, and to compensate people for the years they were wrongly imprisoned, to list only a few.

The bill also contains an unconstitutional and unenforceable directive to the Auditor General to audit the Department of State as it rolls out automatic voter registration and expanded absentee voting, rather than after the roll-out is complete. Section 105 contains a net $0 appropriation to the Auditor General, which is a placeholder used to add boilerplate language that instructs the Auditor General to do something specific. That boilerplate is in section 421: it requires the Auditor General to “conduct an audit to determine the department of state’s compliance with section 441 of this part”—the section appropriating funds to implement automatic voter registration and expanded absentee voting—“by the end of the 2018-2019 fiscal year.”

The Michigan Constitution of 1963 created the Auditor General and gave it certain limited powers, including the power to conduct “post audits” both of financial transactions and of the performance of the state and its agencies-a “post audit” being an audit that is conducted after the conclusion of the fiscal year or program being examined. The Constitution also stated that the Auditor General “shall be assigned no duties other than those specified” in section 53 of article 4. Thus, the Auditor General has no role auditing an ongoing program during the current fiscal year. Because section 421 of Enrolled Senate Bill 150 requires the Auditor General to “conduct an audit...by the end of the 2018-19 fiscal year,” it is unconstitutional.

I welcome the accountability afforded by an audit, including an audit of the program at issue here. Nevertheless, the Auditor General may only conduct an audit at the constitutionally appropriate time. I therefore invoke the authority given to the governor in section 19 of article 5 of the Constitution to “disapprove any distinct item or items appropriating moneys in any appropriation bill,” and veto the relevant lines in section 105 of Enrolled Senate Bill 150 and any boilerplate pertaining to those lines including section 421.

                                                                                       Sincerely,

                                                                                       Gretchen Whitmer

                                                                                       Governor

This bill was signed by the Governor on June 24, 2019, at 10:11 a.m. (Filed with the Secretary of State on June 24, 2019, at 2:20 p.m.) and assigned Public Act No. 28.

The question being on the passage of the vetoed line items, the objections of the Governor to the contrary notwithstanding,

Senator Lauwers moved that the veto message be referred to the Committee on Government Operations.

The motion prevailed.

 

 

The following messages from the Governor were received and read:

August 16, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16521 and 333.16121:

Michigan Board of Acupuncture

Ms. Kristen Hall of 727 Allston Drive, Rochester Hills, Michigan 48309, county of Oakland, succeeding Sheryl Blanchard whose term has expired, appointed to represent the general public, for a term commencing August 16, 2019 and expiring June 30, 2023.

 

August 16, 2019

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16621 and 333.16121:

Michigan Board of Dentistry

Ms. Fonda J. Brewer of 5702 Castlebury Circle, Lansing, Michigan 48917, county of Eaton, succeeding William Perrone whose term has expired, appointed to represent the general public, for a term commencing August 16, 2019 and expiring June 30, 2023.

 

August 16, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 207 of 1941, MCL 29.3b:

State Fire Safety Board

Mr. Steven W. Densmore of 17469 Flint Street, Melvindale, Michigan 48120, county of Wayne, succeeding Andrew Lenaghan whose term has expired, appointed to represent organized fire departments in the Lower Peninsula, for a term commencing August 16, 2019 and expiring July 15, 2023.

Mr. Kenneth R. Herbart of 3027 Westchester Road, Lansing, Michigan 48911, county of Ingham, succeeding John Enkemann whose term has expired, appointed to represent registered architects, for a term commencing August 16, 2019 and expiring July 15, 2023.

Mr. Andrew Marceau of 3599 S. 3rd Avenue, Alpena, Michigan 49707, county of Alpena, succeeding David Piche whose has term expired, appointed to represent organized fire departments in the Lower Peninsula, for a term commencing August 16, 2019 and expiring July 15, 2023.

 

August 16, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 203 of 1965, MCL 28.603:

Michigan Commission on Law Enforcement Standards

Ms. Linda E. Broden of 6614 Firwood Street, Detroit, Michigan 48210, county of Wayne, succeeding Mark Diaz who has resigned, appointed to represent an individual nominated by a police association not otherwise represented on the commission and representing law enforcement officers employed by a law enforcement agency employing more than 10 percent of the police officers in this state, for a term commencing August 16, 2019 and expiring December 31, 2019.

Mr. Michael P. Kunath of 42526 Blairmoor Court, Sterling Heights, Michigan 48313, county of Macomb, succeeding the late Richard Heins, appointed to represent an individual nominated by the Michigan Association of Police, for a term commencing August 16, 2019 and expiring December 31, 2021.

 

August 16, 2019

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 232 of 1965, MCL 290.657:

Michigan Onion Committee

Mr. Mark J. Nail of 21705 O Drive, N., Marshall, Michigan 49068, county of Calhoun, succeeding Dan Steenwyk whose term has expired, appointed to represent growers-at-large, for a term commencing August 17, 2019 and expiring August 16, 2022.

Mr. Mitchell J. Schreur of 4501 New Holland Street, Hudsonville, Michigan 49426, county of Ottawa, succeeding Eric Schreur whose term has expired, appointed to represent growers-at-large, for a term commencing August 17, 2019 and expiring August 16, 2022.

Ms. Kristin Oomen of 2185 W. Kistler Road, Scottville, Michigan 49454, county of Mason, reappointed to represent growers-at-large, for a term commencing August 17, 2019 and expiring August 16, 2022.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Advice and Consent.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Hertel, Hollier, Bullock, Geiss, Brinks, Polehanki, Lucido, Stamas, Daley, Irwin, Schmidt and Alexander introduced

Senate Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to recognize the best interests of the child in determining the termination of parental rights in cases of child abuse or child neglect, child custody cases, and out-of-home child placements.

The joint resolution was read a first and second time by title and referred to the Committee on Families, Seniors and Veterans.

 

 

Senator Nesbitt introduced

Senate Joint Resolution J, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 23 of article VI, to require the advice and consent of the senate for gubernatorial appointments of justices of the supreme court of the state of Michigan.

The joint resolution was read a first and second time by title and referred to the Committee on Advice and Consent.

 

 

Senator Zorn introduced

Senate Bill No. 391, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2045 (MCL 324.2045), as amended by 2013 PA 81.

The bill was read a first and second time by title and referred to the Committee on Natural Resources.

 

 

Senator Zorn introduced

Senate Bill No. 392, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as amended by 2013 PA 82.

The bill was read a first and second time by title and referred to the Committee on Natural Resources.

 

 

Senator Barrett introduced

Senate Bill No. 393, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 8 (MCL 206.8), as amended by 2018 PA 38.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senator Stamas introduced

Senate Bill No. 394, entitled

A bill to make appropriations for the department of the attorney general for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator LaSata introduced

Senate Bill No. 395, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 2 (MCL 325.1002), as amended by 1998 PA 56, and by adding section 7a.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senator Brinks introduced

Senate Bill No. 396, entitled

A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10b.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senator VanderWall introduced

Senate Bill No. 397, entitled

A bill to amend 2016 PA 560, entitled “Michigan veterans’ facility authority act,” (MCL 36.101 to 36.112) by adding section 6a.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senators Irwin, Ananich, Wojno, McCann, McMorrow and Brinks introduced

Senate Bill No. 398, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5478a.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senator Runestad introduced

Senate Bill No. 399, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5478b.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senators Hertel, Ananich, Brinks and McMorrow introduced

Senate Bill No. 400, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 21 (MCL 325.1021), as amended by 2006 PA 601, and by adding section 19d.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senators Ananich, Brinks and McMorrow introduced

Senate Bill No. 401, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 7 (MCL 325.1007), as amended by 1998 PA 56.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senators MacGregor, Brinks and Ananich introduced

Senate Bill No. 402, entitled

A bill to establish the Michigan PFAS action response team and provide for its powers and duties; and to prescribe the powers and duties of certain state and local agencies and officials.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

Senators Outman, Brinks and Ananich introduced

Senate Bill No. 403, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 60108 (MCL 324.60108), as amended by 2011 PA 167.

The bill was read a first and second time by title and referred to the Committee on Environmental Quality.

 

 

Senator McBroom introduced

Senate Bill No. 404, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.9) by adding section 6a.

The bill was read a first and second time by title and referred to the Committee on Oversight.

 

 

Senator Hollier introduced

Senate Bill No. 405, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2001 (MCL 324.2001), as amended by 2010 PA 32.

The bill was read a first and second time by title and referred to the Committee on Natural Resources.

 

 

Senators McMorrow, LaSata, Geiss, Alexander, Ananich, Bullock, Polehanki, Irwin, Wojno and Brinks introduced

Senate Bill No. 406, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding sections 11a and 11b.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senators LaSata, Polehanki, Brinks, Ananich, Geiss, McMorrow, Runestad, Alexander, Wojno, Bayer, Bullock, Irwin and Hollier introduced

Senate Bill No. 407, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74103 and 78105 (MCL 324.74103 and 324.78105), section 74103 as added by 1995 PA 58 and section 78105 as amended by 2013 PA 81.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senators Geiss, LaSata, McMorrow, Alexander, Ananich, Bullock, Polehanki, Irwin, Wojno, Runestad and Brinks introduced

Senate Bill No. 408, entitled

A bill to amend 1941 PA 205, entitled “An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities,” by amending section 2 (MCL 252.52), as amended by 2002 PA 150.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senators MacDonald, LaSata, Polehanki, Brinks, Ananich, Geiss, McMorrow, Alexander, Wojno, Bayer, Bullock, Irwin and Hollier introduced

Senate Bill No. 409, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 279.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senator Geiss introduced

Senate Bill No. 410, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 241 and 261 (MCL 18.1241 and 18.1261), section 241 as amended by 2012 PA 430 and section 261 as amended by 2017 PA 21.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senators McCann, Bayer, Irwin, Ananich and Geiss introduced

Senate Bill No. 411, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 52, 52a, and 69 (MCL 169.252, 169.252a, and 169.269), section 52 as amended by 2015 PA 269 and sections 52a and 69 as amended by 2013 PA 252; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Elections.

 

 

Senator Lucido introduced

Senate Bill No. 412, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174a (MCL 750.174a), as amended by 2013 PA 34.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Lucido introduced

Senate Bill No. 413, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2012 PA 169.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Nesbitt introduced

Senate Bill No. 414, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 2a of chapter 1 (MCL 141.502a), as added by 1995 PA 234.

The bill was read a first and second time by title and referred to the Committee on Finance.

 

 

Senator Nesbitt introduced

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).

The bill was read a first and second time by title and referred to the Committee on Insurance and Banking.

Senators Irwin and Chang introduced

Senate Bill No. 416, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2016 PA 336.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Lucido introduced

Senate Bill No. 417, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17744a and 17744d (MCL 333.17744a and 333.17744d), section 17744a as amended and section 17744d as added by 2015 PA 221.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator MacDonald introduced

Senate Bill No. 418, entitled

A bill to allow certain law enforcement officers and firefighters to administer auto-injectable epinephrine in certain circumstances; to provide access to auto-injectable epinephrine by eligible entities, law enforcement officers, and firefighters; and to limit civil and criminal liability of certain entities and individuals.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Human Services.

 

 

Senator Lucido introduced

Senate Bill No. 419, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending the title and sections 1, 2, 5a, 6, 7, 8, 8a, 8b, 8c, 9a, and 9b (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, 287.338, 287.338a, 287.338b, 287.338c, 287.339a, and 287.339b), the title and section 8 as amended and sections 8a and 9a as added by 1997 PA 7, sections 1 and 8b as amended by 2017 PA 84, sections 2, 5a, 6, and 7 as amended and section 8c as added by 2016 PA 392, and section 9b as amended by 2007 PA 79, and by adding section 8d.

The bill was read a first and second time by title and referred to the Committee on Agriculture.

 

 

Senator Lucido introduced

Senate Bill No. 420, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2559, 6002, and 6012 (MCL 600.2559, 600.6002, and 600.6012), section 2559 as amended by 2018 PA 261.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Moss introduced

Senate Bill No. 421, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

The bill was read a first and second time by title and referred to the Committee on Finance.

 

 

Senator Moss introduced

Senate Bill No. 422, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 22 (MCL 125.1422), as amended by 2012 PA 327.

The bill was read a first and second time by title and referred to the Committee on Finance.

 

 

Senator Nesbitt introduced

Senate Bill No. 423, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2018 PA 588.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senator Lucido introduced

Senate Bill No. 424, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 229 (MCL 750.229).

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Lucido introduced

Senate Bill No. 425, entitled

A bill to amend 1917 PA 273, entitled “An act to regulate and license pawnbrokers that conduct business in this state; to provide for the disposition of allegedly misappropriated property in the possession of pawnbrokers; to provide remedies and prescribe penalties; and to provide for the powers and duties of certain local governmental units and state agencies,” (MCL 446.201 to 446.219) by adding section 15.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Lucido introduced

Senate Bill No. 426, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 233 (MCL 257.233), as amended by 2014 PA 290.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senator Lucido introduced

Senate Bill No. 427, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 478a (MCL 750.478a), as added by 1998 PA 360.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Lucido introduced

Senate Bill No. 428, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Lucido introduced

Senate Bill No. 429, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 50d.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Hollier introduced

Senate Bill No. 430, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Hollier introduced

Senate Bill No. 431, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2018 PA 366.

The bill was read a first and second time by title and referred to the Committee on Natural Resources.

 

 

Senator Horn introduced

Senate Bill No. 432, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 74 (MCL 125.2074), as amended by 2006 PA 616.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

Senator Bizon introduced

Senate Bill No. 433, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7214 (MCL 333.7214), as amended by 2018 PA 107.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

Senator Nesbitt introduced

Senate Bill No. 434, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1201, 1203, 1203b, 1204, 1205, 1211, 1217, and 1218 (MCL 339.1201, 339.1203, 339.1203b, 339.1204, 339.1205, 339.1211, 339.1217, and 339.1218), sections 1201, 1205, 1211, 1217, and 1218 as amended and section 1203b as added by 1997 PA 97 and section 1204 as amended by 2003 PA 57, and by adding section 1205a; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.

 

 

Senators Horn and Daley introduced

Senate Bill No. 435, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1075a.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senator Schmidt introduced

Senate Bill No. 436, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280h.

The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.

 

 

Senator Schmidt introduced

Senate Bill No. 437, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” (MCL 474.51 to 474.70) by adding section 15b.

The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.

 

 

Senator McCann introduced

Senate Bill No. 438, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2018 PA 85.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Hollier introduced

Senate Bill No. 439, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2015 PA 65.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Irwin introduced

Senate Bill No. 440, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2018 PA 380.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Santana introduced

Senate Bill No. 441, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 13, 17, 21, 25, 27, 31, 37, 38, and 43 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2231, 338.2237, 338.2238, and 338.2243), as amended by 2015 PA 75.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

Senator Hollier introduced

Senate Bill No. 442, entitled

A bill to amend 2016 PA 345, entitled “Limousine, taxicab, and transportation network company act,” by amending section 4 (MCL 257.2104).

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Irwin introduced

Senate Bill No. 443, entitled

A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2015 PA 67.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Hertel introduced

Senate Bill No. 444, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2018 PA 245.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Santana introduced

Senate Bill No. 445, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 6237 (MCL 333.6237), as amended by 2015 PA 104.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Bayer introduced

Senate Bill No. 446, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2015 PA 60.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Hertel introduced

Senate Bill No. 447, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118 and 3120 (MCL 324.3118 and 324.3120), section 3118 as amended by 2017 PA 40 and section 3120 as amended by 2015 PA 82.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Irwin introduced

Senate Bill No. 448, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 17303 and 17317 (MCL 324.17303 and 324.17317), as amended by 2015 PA 82.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Hertel introduced

Senate Bill No. 449, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 806 (MCL 257.806), as amended by 2015 PA 78.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Hertel introduced

Senate Bill No. 450, entitled

A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2015 PA 69.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Bizon introduced

Senate Bill No. 451, entitled

A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236), as amended by 2016 PA 147.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Stamas introduced

Senate Bill No. 452, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2018 PA 51.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senator Wojno introduced

Senate Bill No. 453, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2016 PA 522.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

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.

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 Insurance and Banking.

 

 

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.

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 Finance.

 

 

House Bill No. 4162, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1279g (MCL 380.1279g), as amended by 2016 PA 170, and by adding section 1279i.

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.

 

 

House Bill No. 4223, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 93 and sections 9307 and 9321 (MCL 333.9307 and 333.9321) and by adding sections 9312 and 9316.

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.

 

 

House Bill No. 4411, entitled

A bill to amend 1994 PA 160, entitled “Credit services protection act,” by amending section 3 (MCL 445.1823).

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 Insurance and Banking.

House Bill No. 4446, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 5, 6, 9, 12, 21, 24, 26, 34, 35, 41, 51, 54, and 55 (MCL 169.204, 169.205, 169.206, 169.209, 169.212, 169.221, 169.224, 169.226, 169.234, 169.235, 169.241, 169.251, 169.254, and 169.255), sections 4, 9, 24, 26, 35, 51, 54, and 55 as amended by 2017 PA 119, sections 5 and 41 as amended by 1999 PA 237, section 6 as amended by 2018 PA 607, section 12 as amended by 2001 PA 250, section 21 as amended by 2015 PA 269, and section 34 as amended by 2012 PA 277.

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 Elections.

 

 

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.

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 Finance.

 

 

House Bill No. 4694, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2018 PA 482.

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.

 

 

House Bill No. 4728, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2018 PA 586, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2018 PA 265.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

House Bill No. 4729, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2020; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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.

Senator Lauwers moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

 

 

Statements

 

 

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

The motion prevailed.

Senator Chang’s statement is as follows:

Thank you, Mr. President. It’s good to be back. Congratulations to you and your family.

I wanted to first just thank everyone for their well-wishes on the birth of my newest child. She’s doing really great. At two months, she was the length of a five-month-old so she’s growing really quickly.

 

 

Senator Chang stated that had she been present on June 4, 2019 when the vote was taken on the passage of the following bill, she would have voted “yea”:

House Bill No. 4397

Senator Chang stated that had she been present on June 5, 2019 when the vote was taken on concurring in the House substitute to the following bill, she would have voted “yea”:

Senate Bill No. 239

 

 

Senator Chang stated that had she been present on June 11, 2019 when the vote was taken on concurring in the House amendment to the following bill, she would have voted “yea”:

Senate Bill No. 150

 

 

Senator Chang stated that had she been present on June 11, 2019 when the votes were taken on the passage of the following bills, she would have voted “yea”:

House Bill No. 4304

House Bill No. 4305

 

 

Senator Chang stated that had she been present on June 12, 2019 when the votes were taken on the passage of the following bills, she would have voted “yea”:

Senate Bill No. 47

Senate Bill No. 48

 

 

Senator Chang stated that had she been present on June 19, 2019 when the votes were taken on the passage of the following bills, she would have voted “yea”:

Senate Bill No. 362

Senate Bill No. 363

House Bill No. 4060

House Bill No. 4121

House Bill No. 4227

House Bill No. 4296

 

 

Senator Chang stated that had she been present on June 20, 2019 when the vote was taken on the passage of the following bill, she would have voted “yea”:

House Bill No. 4234

 

 

Senator Lauwers moved that when the Senate adjourns today, it stand adjourned until Tuesday, August 27, 2019 at 10:00 a.m.; and when it adjourns on Tuesday, August 27, 2019, it stand adjourned until Wednesday, August 28, 2019 at 10:00 a.m.; and when it adjourns on Wednesday, August 28, 2019, it stand adjourned until Thursday, August 29, 2019 at 10:00 a.m.

The motion prevailed.

 

 

Announcements of Printing and Enrollment

 

 

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

House Bill Nos.     4823   4824   4825  4826

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Agriculture submitted the following:

Joint meeting held on Tuesday, August 13, 2019, at 9:00 a.m., MSU Pavilion, Michigan State University, 4301 Farm Lane, Lansing

Present: Senators Daley (C), Victory, Lauwers and Polehanki

Excused: Senator Ananich

Scheduled Meetings

 

 

Senate Fiscal Agency Board of Governors - Thursday, September 12, 9:00 a.m., Harry T. Gast Appropri­ations Room, 3rd Floor, Capitol Building (517) 373-2768

 

 

Senator Lauwers moved that the Senate adjourn.

The motion prevailed, the time being 10:34 a.m.

 

In pursuance of the order previously made, the President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, August 27, 2019, at 10:00 a.m.

 

 

                                                                                                     MARGARET O’BRIEN

                                                                                                     Secretary of the Senate