No. 26

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Tuesday, March 10, 2020.

 

10:00 a.m.

 

 

The Senate was called to order by the President pro tempore, Senator Aric Nesbitt.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

Alexander—present                             Horn—present                                 Outman—present

Ananich—present                                Irwin—present                                 Polehanki—present

Barrett—present                                  Johnson—present                             Runestad—present

Bayer—present                                    LaSata—present                              Santana—present

Bizon—present                                    Lauwers—present                            Schmidt—present

Brinks—present                                   Lucido—present                              Shirkey—present

Bullock—present                                 MacDonald—present                       Stamas—present

Bumstead—present                              MacGregor—present                        Theis—present

Chang—present                                   McBroom—present                          VanderWall—present

Daley—present                                    McCann—present                            Victory—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—present                                   Moss—present                                 Zorn—present

Hollier—present                                  Nesbitt—present                             


 

Reverend Jason P. Peterson of St. Peter’s Lutheran Church of Rockford offered the following invocation:

Lord God, heavenly Father, almighty and everlasting God, You who have created all things and put them in order have also given every natural blessing that is enjoyed in this state and given life to all who live in it, and have given the freedoms which are enjoyed here and throughout our nation, and which are acknowledged in their constitutions. You have instituted the various vocations of human life that the relation between them—whether husbands and wives, fathers and children, those who govern and those who respect that governance—would serve as icons of Your providence to humanity, and of the grace through which Your Son loves His bride, the church. Grant that the citizens of this state would be mindful of Your generosity, and that those who govern here would recognize that they serve at Your pleasure, acknowledge the natural law which You have already written into the fabric of creation and the hearts of humanity, and therefore, deal honestly with one another, as well as with those who have elected them to serve, and that they would govern justly and legislate wisely, acknowledging You as the authority to whom all other authorities answer.

Preserve the liberties You have given, defend the citizens of this state and of our nation from intrusion upon conscience which would coerce them to choose between obedience to You who created them and allegiance to those You allow to govern here. Defend this state and its citizens from poverty or greed, pride or despair, tragedy, violence, and all other dangers to body and soul, that they would be given to honor You, both here in time, and resurrected before You in eternity.

Through Jesus Christ, Your Son, our Lord, who lives and reigns with You and the Holy Spirit, one God, now and forever. Amen.

 

The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Geiss entered the Senate Chamber.

 

Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s session.

The motion prevailed.

 

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

The motion prevailed.

 

Senator Shirkey entered the Senate Chamber.

 

 

The following communication was received and read:

Office of the Senate Majority Leader

March 4, 2020

Effective March 5th 2020 pursuant to Senate Rule 1.105 I hereby announce the appointment of Senators to standing committees for this the 100th Legislature.

Agriculture Committee

1.  Senator Dayna Polehanki to Minority Vice Chair

If you have any questions regarding this matter, please do not hesitate to contact me.

                                                                                       Sincerely,

                                                                                       Mike Shirkey

                                                                                       Senate Majority Leader

                                                                                       Michigan’s 16th Senate District

The standing committee appointment was approved, a majority of the members serving voting therefor.

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Department of State

 

Administrative Rules

Notices of Filing

 

August 15, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2019-062-AC (Secretary of State Filing #19-08-02) on this date at 10:17 a.m. for the Department of Agriculture and Rural Development entitled, “Measuring Tetrahydrocannabinol (THC) Concentration in Industrial Hemp – Emergency Rules.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

September 4, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-106-LR (Secretary of State Filing #19‑09-01) on this date at 3:30 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Podiatric Medicine and Surgery – General Rules.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 9, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-079-HS (Secretary of State Filing #19‑09-02) on this date at 3:51 p.m. for the Department of Health and Human Services entitled, “Family Independence Program.”

These rules take effect on January 1, 2020 and are adopted under section 44 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.244.

 

September 9, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-034-LE (Secretary of State Filing #19‑09-03) on this date at 3:51 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard, Part 10. Cranes and Derricks.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 12, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-036-LE (Secretary of State Filing #19‑09-04) on this date at 3:28 p.m. for the Department of Labor and Economic Opportunity entitled, “MIOSHA Safety and Health Standard, Part 11. Recording and Reporting of Occupational Injuries and Illnesses.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 13, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-048-LE (Secretary of State Filing #19‑09-05) on this date at 3:16 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard, Part 620. Ventilation Control for Construction.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

September 13, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-049-LE (Secretary of State Filing #19‑09-06) on this date at 3:16 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard, Part 590. Silica in General Industry.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 13, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-039-LE (Secretary of State Filing #19‑09-07) on this date at 3:16 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard, Part 601. Air Contaminants for Construction.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 13, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2019-037-LE (Secretary of State Filing #19‑09-08) on this date at 3:16 p.m. for the Department of Labor and Economic Opportunity entitled, “Construction Safety and Health Standard, Part 301. Air Contaminants for General Industry.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

September 18, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Emergency Administrative Rule #2019-090-HS (Secretary of State Filing #19-09-09) on this date at 11:05 a.m. for the Department of Health and Human Services entitled, “Protection of Youth from Nicotine Product Addiction.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

 

October 16, 2019

In accordance with the requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Office of Administrative Hearings and Rules filed Administrative Rule #2018-105-LR (Secretary of State Filing #19‑10-01) on this date at 3:34 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Unarmed Combat.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

                                                                                       Sincerely,

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

                                                                                       Evelyn Quiroga, Departmental Supervisor

                                                                                       Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Office of Senator Rosemary Bayer

March 4, 2020

Per Senate Rule 1.110(c), I am requesting that my name be removed as a co-sponsor to Senate Bills 245 and 246 introduced by Senators McBroom and Hollier respectively on March 21, 2019.

                                                                                       Sincerely,

                                                                                       Rosemary K. Bayer

                                                                                       12th Senate District

                                                                                       State Senator

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Kimberly A. LaSata

March 6, 2020

I respectfully request to be added as a cosponsor to Senate Concurrent Resolution 10, introduced by Senator Curt VanderWall.

If you have questions, please do not hesitate to reach out to my office.

                                                                                       Sincerely,

                                                                                       Kim LaSata

                                                                                       State Senator

                                                                                       21st District

The communication was referred to the Secretary for record.

 

 

Senator MacGregor moved that the Committee on Education and Career Readiness be discharged from further consideration of the following bill:

Senate Bill No. 685, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1268.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator MacGregor moved that the bill be referred to the Committee on Appropriations.

The motion prevailed.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received and read:

March 5, 2020

I respectfully submit to the Senate the following appointment to office pursuant to Executive Order No. 2009-51, MCL 209.131:

State Tax Commission

Mrs. Peggy L. Nolde, a Democrat, of 8119 Pagels Drive, Grand Blanc, Michigan 48439, county of Genesee, succeeding Nick Khouri who has resigned, appointed for a term commencing March 9, 2020 and expiring December 27, 2022.

 

March 5, 2020

I respectfully submit to the Senate the following appointment to office pursuant to Executive Order No. 2019-13, MCL 125.1998; Section II.O. of Executive Order No. 2003-18, MCL 445.2011; Section II.B. of Executive Order No. 2002-1, MCL 445.2004; and Public Act 317 of 1969, MCL 418.203:

Workers’ Disability Compensation Agency Director

Mr. Jack A. Nolish of 2404 Emerald Lake Drive, East Lansing, Michigan 48823, county of Ingham, appointed for a term commencing March 22, 2020 and expiring March 21, 2023.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

 

Senator Ananich entered the Senate Chamber.

Recess

 

 

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

The motion prevailed, the time being 10:08 a.m.

 

11:20 a.m.

 

The Senate was called to order by the President pro tempore, Senator Nesbitt.

 

 

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.

 

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:

Senate Bill No. 533

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 533, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 529 (MCL 750.529), as amended by 2004 PA 128.

The 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. 97                                             Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator McMorrow offered the following resolution:

Senate Resolution No. 107.

A resolution to urge the federal government to fund the medical costs associated with testing and mandatory hospital stays for the novel coronavirus.

Whereas, Coronavirus disease 2019 (COVID-19), also commonly referred to as the 2019 novel coronavirus, is a mild to severe respiratory illness with symptoms, including fever, cough, and shortness of breath. Many patients with the most severe complications have developed pneumonia in both lungs. Older adults and people with underlying health conditions have the greatest risk of developing serious illness. The mortality rate appears to be higher than that of influenza; and

Whereas, The rapid spread of the disease coupled with its higher mortality rate has raised international concerns about the outbreak. The novel coronavirus was first detected in China but has spread to nearly 70 locations internationally, including the United States. The U.S. Secretary of Health and Human Services declared a public health emergency for the United States, signaling the serious threat to public health posed by the virus; and

Whereas, Early detection of the disease, containment of cases through quarantine or self-isolation, and access to treatment for patients are imperative to prevent the spread of the virus and protect the health of the public; and

Whereas, The uninsured and underinsured may forgo testing and medical treatment to avoid costly medical bills, thereby increasing the likelihood that the novel coronavirus will spread. Some individuals and families already face thousands of dollars in medical bills for quarantine and hospitalization related to the virus; and

Whereas, The cost of testing may be a barrier to some patients. Even though the Centers for Disease Control and Prevention (CDC) provided initial test kits to public health departments for free, the cost of testing may vary by state. It is also unclear how much commercial tests will cost if private laboratories bring them to the market; and

Whereas, The Director of the CDC has the authority to provide federal payment for the care and treatment of people who are subject to medical examination, quarantine, and isolation under federal regulations. Covering the costs of testing and mandatory hospital stays would help ensure that affected patients seek testing, receive the proper care, and take appropriate steps to prevent further spread of illness; now, therefore, be it

Resolved by the Senate, That we urge the federal government to fund the medical costs associated with testing and mandatory hospital stays for the novel coronavirus; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

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

The resolution was adopted.

Senators Alexander, Bullock, Chang, Geiss, Johnson, Moss and Wojno were named co-sponsors of the resolution.

 

 

Introduction and Referral of Bills

 

 

Senator Runestad introduced

Senate Bill No. 824, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 2 (MCL 15.262), as amended by 2001 PA 38.

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

 

 

Senator Runestad introduced

Senate Bill No. 825, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 2018 PA 68.

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

Senators VanderWall, Bizon, Wojno, Bullock, Stamas, Polehanki, Hertel, Outman, Johnson, MacDonald, Brinks, Theis, LaSata, Santana and Schmidt introduced

Senate Bill No. 826, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100b, 100c, 281b, 400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o, 517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b, 330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430, 330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o, 330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections 100a, 400, and 420 as amended by 2018 PA 595, section 100b as amended and section 281b as added by 2014 PA 200, sections 100c, 423, 425, 426, 427, 429, and 463 as amended by 2016 PA 320, sections 430, 498o, 700, and 740 as amended by 1995 PA 290, sections 434, 435, 438, 452, and 461 as amended by 2018 PA 593, sections 517 and 532 as amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.

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. 4030, entitled

A bill to amend 1972 PA 139, entitled “An act authorizing township boards to provide for the maintenance and improvement of private roads by contract and to provide payments by special assessment districts; and to repeal certain acts and parts of acts,” by amending section 2 (MCL 247.392).

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 Local Government.

 

 

Recess

 

 

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

The motion prevailed, the time being 11:28 a.m.

 

12:03 p.m.

 

The Senate was called to order by the President pro tempore, Senator Nesbitt.

 

 

Senator MacGregor moved that rule 2.107 be suspended to allow committees to meet during Senate session.

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

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess until 12:45 p.m.

The motion prevailed, the time being 12:09 p.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Nesbitt.

 

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 pro tempore, Senator Nesbitt, designated Senator Moss as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 4171, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA 589.

The bill 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:

Senate Bill No. 725, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b, 78c, and 78f (MCL 211.78b, 211.78c, and 211.78f), sections 78b and 78c as amended by 2015 PA 202 and section 78f as amended by 2015 PA 190.

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:

Senate Bill No. 726, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78h and 78k (MCL 211.78h and 211.78k), section 78h as amended by 2014 PA 499 and section 78k as amended by 2016 PA 433.

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 amendments, the following bill:

Senate Bill No. 657, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as amended by 2018 PA 106.

The following are the amendments recommended by the Committee of the Whole:

1.  Amend page 2, line 10, after “following” by inserting a comma and “as applicable”.

2.  Amend page 2, line 16, after “(i)” by striking out “Provides” and inserting “Subject to subdivision (e), provides”.

3.  Amend page 3, following line 13, by inserting:

     “(d) Subject to subdivision (e) and notwithstanding any other provision of law or rule to the contrary, if the individual does not hold a Michigan teaching certificate, for an interim teaching certificate under this section for teaching special education, the individual has completed a training program for teaching special education students that is determined by the superintendent of public instruction to constitute the equivalent of at least 32 college credit hours, or equivalent clock hours, equal to 7 hours of instruction per credit hour, and that includes training in at least both of the following:

(i) The requisite knowledge, understanding, skills, and dispositions for effective practice concerning all of the following:

(A) Utilizing research-based models, theories, and philosophies for teaching students with an array of disabilities within different placements.

(B) Assessing students with disabilities for identification and teaching.

(C) Implementing accommodations and modifications for classroom, school district or public school academy, and statewide assessments.

(D) Using assistive technology devices to increase, maintain, or improve the capabilities of students with impairments.

(E) Communicating, consulting, and collaborating with parents and legal guardians, paraprofessionals, general educators, administrators, and human services personnel.

(F) Developing, implementing, and evaluating individualized education programs.

(G) Planning, organizing, scheduling, and conducting individualized education program team meetings, including parental and student participation in those meetings.

(H) Preparing students with disabilities for transitions, including the transition from preschool to elementary school and the transition into postsecondary environments and employment.

(I) Maintaining, releasing, and transferring student records according to district rules and policies and state and federal laws, rules, and policies.

(J) Articulating the historical and legal bases regarding special education, such as the concept of free appropriate public education, general least restrictive environment requirements, and family education and privacy rights.

(ii) Any additional criteria that the department determines is appropriate in the teaching of special education students.

(e) Notwithstanding any other provision of law or rule to the contrary, if the individual holds a Michigan teaching certificate, for an interim teaching certificate under this section for teaching special education, the individual has completed an accelerated training program for teaching special education students that meets criteria established by the department and that is approved by the superintendent of public instruction. An individual described in this subdivision is not required to meet the requirements under subdivision (d) and is not required to complete an intensive training program in teaching as described under subdivision (a)(i).”.

4.  Amend page 4, following line 11, by inserting:

     “(7) CEPI, in consultation with the department, shall partner with 1 or more research university or universities in this state to conduct a research study and analysis on educator shortages in this state. The department shall make any needed data available to CEPI and the selected research university or universities described in this subsection to facilitate the study and analysis described in this subsection. Using the study and analysis described in this subsection, by September 15, 2020, and by September 15 each year thereafter, CEPI shall submit a comprehensive report concerning educator shortages in this state to the governor and the chairs of the senate and house standing committees responsible for education legislation. The comprehensive report submitted by CEPI under this subsection must include, but is not limited to, all of the following:

(a) The number of educator vacancies in this state, disaggregated by geographic region and by any endorsement required for those vacancies.

(b) The educator retention rates in this state, disaggregated by geographic region, endorsement requirements, number of years in the profession, and educator demographics.

(c) The number of graduates from approved, in-state teacher preparation programs, disaggregated by endorsements obtained by those graduates, if any.

(d) An analysis of the regions in this state that present the highest need for educators based on educator shortages in those regions, disaggregated by endorsements required for positions in which there are shortages in those regions.

(8) By September 15, 2020, and by September 15 each year thereafter, the department shall submit a report to the governor and the chairs of the senate and house standing committees responsible for education legislation regarding the number of interim teaching certificates issued under this section for teaching special education and the retention rate for teachers who began serving as teachers in this state through usage of an interim teaching certificate issued under this section.” and renumbering the remaining subsection.

5.  Amend page 4, following line 12, by inserting:

     “(a) “CEPI” means the center for educational performance and information created under section 94a of the state school aid act of 1979, MCL 388.1694a.” and relettering the remaining subdivisions.

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

 

 

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:

Senate Bill No. 657

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:

Senate Bill No. 657

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 657, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as amended by 2018 PA 106.

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. 98                                             Yeas—31

 

 

Barrett                               Hollier                     McBroom                              Schmidt

Bayer                                Horn                        McMorrow                             Shirkey

Bizon                                Johnson                   Moss                                     Stamas

Brinks                               LaSata                     Nesbitt                                   Theis

Bullock                             Lauwers                  Outman                                  VanderWall

Bumstead                          Lucido                     Polehanki                               Victory

Daley                                MacDonald              Runestad                                Zorn

Hertel                                MacGregor              Santana                                 

 

 

                                                                      Nays—7

 

 

Alexander                          Chang                      Irwin                                      Wojno

Ananich                            Geiss                       McCann                                

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: Nesbitt

 

 

The Senate agreed to the title of the bill.

 

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Pursuant to rule 3.507, Senator Wojno submitted a statement in writing for inclusion in today’s Journal.

Senator Wojno’s statement is as follows:

Today we have in our Gallery individuals from Michigan’s Bangladesh community. They are here for a very special occasion—to commemorate the 100th anniversary of the birth of the “Founding Father of Bangladesh,” Bangabandhu, Sheikh Mujibur Rahman, also known as Mujib.

Mujib was born on March 17, 1920. His passion for freedom led him in his adult years to become involved with a democratic secular movement in East Pakistan, becoming the head of the Awami League Party. Subsequently this party faced war with Pakistan and a political coup where Mujib was placed in prison. In 1971, East Pakistan was liberated and Mujib was released from prison and soon after, Bangladesh was created as an independent nation. Sheikh is regarded as the first President of Bangladesh and after a January 1972 election, he became the first Prime Minister of the first Parliament of Bangladesh.

In 1975, he and the majority of his family were assassinated with the exception of his two daughters. Sheikh Mujib’s eldest child survived and today she is the longest-serving Prime Minister in Bangladesh history. It is an honor for her as Prime Minister that she has the opportunity to pay tribute and to recognize the 100th anniversary of her father’s birth.

Today, here in our State Senate, we have with us dignitaries from the Bangladesh community who will be traveling the United States to recognize Bangabandhu. They are Dr. Rabbi Alam, Convener of the Bangabandhu in the United States; Bangladesh Embassy Minister Brigadier General Habibur Rahman from Washington, D.C.; Dr. Siddiqur Rahman, Bangladesh Awami League President from New Jersey; Mohammed Alamgir, Joint Convener of the Bangabandhu from Virginia; and MD Nurul Hasan Parvez, executive member of the Bangabandhu U.S.A.; Shahanra Rahman, executive member of the Bangladesh Awami League from New Jersey; and Hkhaja Shahab Ahmed, Mohammed Shahab Uddin, Minhaj Russell Chiwdhury, and Kanan Danal Barua, all of them serving as executive members of the Bangabandhu from Michigan.

Today please join me in welcoming our guests and to commend and recognize the 100th birth anniversary of Bangabandhu, Sheikh Mujibur Rahman, “Founding Father of Bangladesh.” May he long be remembered for his leadership and the legacy he created which has empowered Bangladesh. Additionally today in our Capitol rotunda, beginning at 12:30 p.m., the Bangladesh community and dignitaries will be conducting a program recognizing Bangabandhu. They will be receiving tributes from the state of Michigan, signed by members of our legislative delegation, Lieutenant Governor Garlin Gilchrist, and Governor Gretchen Whitmer. All legislators and staff are invited to attend.

 

 

Recess

 

 

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

The motion prevailed, the time being 1:04 p.m.

 

1:20 p.m.

 

The Senate was called to order by the President pro tempore, Senator Nesbitt.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, March 5:

House Bill No.     4030

 

The Secretary announced that the following bills, joint resolution, and resolution were printed and filed on Thursday, March 5, and are available on the Michigan Legislature website:

Senate Bill Nos.      819    820    821    822   823

Senate Resolution No.     106

House Bill Nos.     5580   5581   5582   5583  5584   5585   5586   5587   5588  5589   5590   5591 5592       5593        5594        5595        5596        5597                               5598  5999

House Joint Resolution       Q

 

 

Committee Reports

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 104, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 11 (MCL 15.271).

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, Barrett, Johnson, 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. 195, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 14a.

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, Johnson, 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. 463, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 539g (MCL 750.539g), as amended by 1993 PA 227.

With the recommendation that the bill pass.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

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

Nays: Senator Irwin

The bill was referred to the Committee of the Whole.

 

 

The Committee on Judiciary and Public Safety reported

Senate Bill No. 754, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8144 (MCL 600.8144), as amended by 2012 PA 18.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Peter J. Lucido

                                                                                       Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Thursday, March 5, 2020, at 8:30 a.m., Room 1100, Binsfeld Office Building

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

 

 

The Committee on Economic and Small Business Development reported

Senate Bill No. 812, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 2017 PA 228.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

                                                                                       Ken Horn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Horn, VanderWall, MacGregor, Theis, Lauwers, Schmidt, McMorrow, Geiss and Moss

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic and Small Business Development reported

House Bill No. 4816, entitled

A bill relating to the promotion of regional convention business and tourism in this state and certain regions of this state; to provide for tourism and convention financing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention financing and promotion programs; to provide for the disbursement of the assessments; to establish the oversight functions and duties of certain state departments, state agencies, and state employees; and to prescribe penalties and remedies.

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

The committee further recommends that the bill be given immediate effect.

                                                                                       Ken Horn

                                                                                       Chairperson

To Report Out:

Yeas: Senators Horn, VanderWall, MacGregor, Theis, Lauwers, Schmidt, McMorrow, Geiss and Moss

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic and Small Business Development submitted the following:

Meeting held on Thursday, March 5, 2020, at 12:00 noon, Room 1200, Binsfeld Office Building

Present: Senators Horn (C), VanderWall, MacGregor, Theis, Lauwers, Schmidt, McMorrow, Geiss and Moss

 

 

The Committee on Health Policy and Human Services reported

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.

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

The committee further recommends that the bill be given immediate effect.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

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

 

 

The Committee on Health Policy and Human Services reported

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.

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

The committee further recommends that the bill be given immediate effect.

                                                                                       Curtis S. VanderWall

                                                                                       Chairperson

To Report Out:

Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Health Policy and Human Services submitted the following:

Meeting held on Thursday, March 5, 2020, at 1:15 p.m., Room 1100, Binsfeld Office Building

Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Licensing and Regulatory Affairs (LARA)/Department of Insurance and Financial Services (DIFS) submitted the following:

Meeting held on Thursday, March 5, 2020, at 8:45 a.m., Room 1300, Binsfeld Office Building

Present: Senators Nesbitt (C), MacDonald and Santana

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Justice and Public Safety submitted the following:

Meeting held on Thursday, March 5, 2020, at 1:15 p.m., Room 1200, Binsfeld Office Building

Present: Senators Barrett (C), Runestad and Hollier

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Agriculture and Rural Development submitted the following:

Meeting held on Thursday, March 5, 2020, at 3:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Victory (C) and McCann

Excused: Senator Daley

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Universities and Community Colleges submitted the following:

Meeting held on Thursday, March 5, 2020, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators LaSata (C), Horn, Bizon, MacDonald, Zorn, Irwin and Hertel

 

 

Scheduled Meetings

 

 

Agriculture - Thursday, March 12, 8:30 a.m., Room 1200, Binsfeld Office Building (517) 373-1721

 

Appropriations - Wednesday, March 11, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307

 

Subcommittees -

 

Agriculture and Rural Development - Thursday, March 19, 3:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

Capital Outlay - Wednesday, March 11, 3:00 p.m., Room 519, House Office Building (517) 373-2768

Community Health/Human Services - Wednesday, March 11, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

General Government - Wednesdays, March 11 and March 18, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Justice and Public Safety - Thursday, March 12, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768

 

Licensing and Regulatory Affairs (LARA)/Department of Insurance and Financial Services (DIFS) - Thursday, March 12, 8:30 a.m., Room 1300, Binsfeld Office Building, (517) 373-2768

 

Universities and Community Colleges - Thursday, March 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Elections - Wednesday, March 11, 2:00 p.m., Room 1300, Binsfeld Office Building (517) 373-5323

 

Health Policy and Human Services - Thursday, March 12, 1:00 p.m., Room 1100, Binsfeld Office Building (517) 373-5323

 

Insurance and Banking - Wednesday, March 11, 9:00 a.m., Room 1100, Binsfeld Office Building (517) 373-5314

 

Legislative Council - Thursday, March 19, 8:30 a.m., Room 352, House Appropriations Room, Capitol Building (517) 373-0212

 

Natural Resources - Wednesday, March 11, 9:00 a.m., Room 1300, Binsfeld Office Building (517) 373‑5312

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 1:21 p.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Wednesday, March 11, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate