STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, September
15, 2020.
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—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—excused
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—excused McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator Rick Outman of the 33rd District offered
the following invocation:
Father, thank You for this day—for the
privilege of gathering here as one body to help craft meaningful legislation to
make Michigan a better place to live and raise our families. Father, it wasn’t
too many years ago that we as a nation watched in horror as two planes crashed
into the Twin Towers, a third plane crashed into the Pentagon, and a fourth
plane crashed into a field in Pennsylvania. We as a nation were united in our
horror and perhaps also in our collective fear. But on the morning of September
12, we were also united in our resolve to come together as a nation and deal
with this evil that was perpetrated on our shores. We were no longer divided
along racial lines, nor socioeconomic lines, nor religious lines, nor any other
lines. We were united as one people.
Since that time, we have fallen away from that
sense of unity. There are those who would perpetrate another type of evil upon
this nation—that of division. Abraham Lincoln quoted the words of Your son,
Jesus Christ, when he said, “A house divided against itself cannot stand.” We
seem to be headed towards that end. Father, we would beseech you to bring our
remembrance of that day—September 12—and the unity we had lest we certainly
fall.
I pray this in Your son’s name. Amen.
The President, Lieutenant
Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator MacGregor moved that Senator Nesbitt
be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators Hertel and
Hollier be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators Geiss and
Santana be excused from today’s session.
The motion prevailed.
Senators Nesbitt and Hertel entered the Senate
Chamber.
The motion prevailed, a majority of the
members serving voting therefor.
Senate
Bill No. 1080
The motion prevailed, a majority of the members
serving voting therefor.
House Bill No. 5396, 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, 2021; to provide for certain conditions on appropriations; and to
provide for the expenditure of the appropriations.
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 rules be suspended and that the following bill, now on the order of General
Orders, be placed on the General Orders calendar for consideration today:
House Bill No. 5396
The motion prevailed, a
majority of the members serving voting therefor.
The
following communication was received:
Office of Senator Curtis Hertel Jr.
August 27, 2020
I am writing to request my addition in co-sponsorship of Senate Bill
964, sponsored by Senator Wojno.
Please feel free to contact me if you need any further information.
Sincerely,
Curtis
Hertel Jr.
State
Senator
District
23
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Betty Jean Alexander
September 14, 2020
Please add my name, State Senator Betty Jean Alexander, as a cosponsor
for: SB 826
Respectfully
Requested,
Betty
Jean Alexander
Michigan
State Senator
5th
Senate District- Redford, Inkster, Garden
City, Dearborn Heights, and Detroit
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Dale W. Zorn
September 15, 2020
I write to you today to respectfully request that you add my name as a co-sponsor
to Senate Bill 1080, sponsored by Sen. Rick Outman.
Please let me know if you have any questions. Thank you for your
assistance in this important matter.
Respectfully,
Dale
W. Zorn
State
Senator – District 17
The communication was referred to the Secretary for record.
Messages from the Governor
The
following message from the Governor was received on September 14, 2020, and
read:
EXECUTIVE ORDER
No. 2020-181
Amendment to the Safe Start
order
In
order to limit the spread of COVID-19 in indoor spaces, this order clarifies
that indoor social gatherings and organized events among persons not part of
the same household remain limited to 10 people or fewer statewide.
Acting
under the Michigan Constitution of 1963 and Michigan law, I find it reasonable
and necessary, for the reasons outlined above, to order:
1. Subsection
(d) is added to Section 8 of the Safe Start order (Executive Order 2020-176),
providing: “In Regions 6 and 8, an indoor social gathering or indoor organized
event among persons not part of the same household is permitted provided that
the gathering or event does not exceed 10 people and complies with the social
distancing requirement of subsection 6(a)(1) of this order.”
Given under my hand and the Great Seal of the State of Michigan.
Date:
September 11, 2020
Time:
5:45 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
Recess
Senator MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 10:05
a.m.
The Senate was called to order by the
President, Lieutenant Governor Gilchrist.
During the recess, Senator Hollier entered the
Senate Chamber.
By unanimous consent the Senate proceeded to
the order of
General Orders
The motion prevailed, and the President,
Lieutenant Governor Gilchrist, designated Senator Runestad as Chairperson.
After some time spent therein, the Committee
arose; and the President, Lieutenant Governor Gilchrist, having resumed the
Chair, the Committee reported back to the Senate, favorably and with a
substitute therefor, the following bill:
House Bill No. 5396, 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, 2021; to provide for certain conditions on appropriations; and to
provide for the expenditure of the appropriations.
Substitute (S-1)
By unanimous consent the Senate returned to
the order of
Motions and Communications
House
Bill No. 5396
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 bills:
House
Bill No. 5148
House
Bill No. 5149
House
Bill No. 5248
House
Bill No. 5249
House
Bill No. 5396
Senate
Bill No. 757
The motion prevailed.
The following bill was read a third time:
House Bill No. 5148, entitled
A bill to amend 1939 PA 288, entitled “Probate
code of 1939,” by amending section 55 of chapter X (MCL 710.55), as amended by
2016 PA 481.
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.
292 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Geiss Santana
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes
relating to certain aspects of the family division of circuit court, to the
jurisdiction, powers, and duties of the family division of circuit court and
its judges and other officers, to the change of name of adults and children,
and to the adoption of adults and children; to prescribe certain jurisdiction,
powers, and duties of the family division of circuit court and its judges and
other officers; to prescribe the manner and time within which certain actions
and proceedings may be brought in the family division of the circuit court; to
prescribe pleading, evidence, practice, and procedure in certain actions and
proceedings in the family division of circuit court; to provide for appeals
from certain actions in the family division of circuit court; to prescribe the
powers and duties of certain state departments, agencies, and officers; to
provide for certain immunity from liability; and to provide remedies and
penalties,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5149, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 136c (MCL 750.136c), as amended by
2016 PA 482.
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.
293 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Geiss Santana
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and
add to the statutes relating to crimes; to define crimes and prescribe the
penalties and remedies; to provide for restitution under certain circumstances;
to provide for the competency of evidence at the trial of persons accused of
crime; to provide immunity from prosecution for certain witnesses appearing at
criminal trials; to provide for liability for damages; and to repeal certain
acts and parts of acts inconsistent with or contravening any of the provisions
of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5248, entitled
A bill to amend 1994 PA 204, entitled “The
children’s ombudsman act,” by amending section 9 (MCL 722.929), as amended by
2013 PA 38.
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.
294 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Geiss Santana
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to establish the children’s ombudsman
office; and to prescribe the powers and duties of the children’s ombudsman,
certain state departments and officers, and certain county and private agencies
serving children; and to provide remedies from certain administrative acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5249, entitled
A bill to amend 1994 PA 204, entitled “The
children’s ombudsman act,” by amending sections 2 and 6 (MCL 722.922 and
722.926), as amended by 2014 PA 455.
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.
295 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bayer Horn McCann Stamas
Bizon Irwin McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—0
Excused—2
Geiss Santana
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to establish the children’s ombudsman
office; and to prescribe the powers and duties of the children’s ombudsman,
certain state departments and officers, and certain county and private agencies
serving children; and to provide remedies from certain administrative acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5396, 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, 2021; to provide for certain conditions on appropriations; and to
provide for the expenditure of the appropriations.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
296 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—14
Alexander Bullock Irwin Moss
Ananich Chang McCann Polehanki
Bayer Hertel McMorrow Wojno
Brinks Hollier
Excused—2
Geiss Santana
Not
Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 757, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending sections 765, 765a, and 765b (MCL 168.765, 168.765a,
and 168.765b), section 765 as amended by 2018 PA 603, section 765a as added by
2018 PA 123, and section 765b as added by 2018 PA 127, and by adding sections
14b and 24k.
The
question being on the passage of the bill,
Senator Wojno offered the following substitute:
Substitute (S-5).
The question being on the adoption of the
substitute,
Senator Wojno withdrew the substitute.
Senator Johnson offered the following
substitute:
Substitute (S-6).
The substitute was adopted, a majority of the
members serving voting therefor.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
297 Yeas—34
Alexander Hertel MacGregor Runestad
Ananich Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Daley MacDonald
Nays—2
Barrett Theis
Excused—2
Geiss Santana
Not
Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator
Moss moved that he be named co-sponsor of the bill.
The motion
prevailed.
By unanimous consent the Senate returned to
the order of
General Orders
The motion prevailed, and the President,
Lieutenant Governor Gilchrist, designated Senator Runestad as Chairperson.
After some time spent therein, the Committee
arose; and the President, Lieutenant Governor Gilchrist, having resumed the
Chair, the Committee reported back to the Senate, favorably and without
amendment, the following bills:
House Bill No. 6116, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 78n (MCL 211.78n), as amended by
2006 PA 626.
House Bill No. 6117, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16315 and 20161 (MCL 333.16315 and
333.20161), section 16315 as amended by 2013 PA 268 and section 20161 as
amended by 2020 PA 35.
House Bill No. 6118, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending section 624g (MCL 168.624g), as amended by 1990 PA
7.
House Bill No. 6120, entitled
A bill to amend 2016 PA 281, entitled “Medical
marihuana facilities licensing act,” by amending section 604 (MCL
333.27604).
House Bill No. 6121, entitled
A bill to amend 2000 PA 489, entitled “Michigan
trust fund act,” by amending section 7 (MCL 12.257), as amended by 2018 PA 577.
House Bill No. 6122, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by
2011 PA 234.
House Bill No. 5444, entitled
A bill to create the kinship caregiver
navigator program; to provide for resources and services for kinship
caregivers; to make appropriations for the kinship caregiver navigator program;
and to prescribe the powers and duties for certain state departments and
agencies.
House Bill No. 4831, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” by amending section 261 (MCL 18.1261), as amended
by 2017 PA 21.
House Bill No. 5492, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” (MCL 18.1101 to 18.1594) by adding section 385.
House Bill No. 5495, entitled
A bill to amend 1984 PA 431, entitled “The management
and budget act,” (MCL 18.1101 to 18.1594) by adding section 261f.
Senate Bill No. 1080, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 30705 (MCL
324.30705), as amended by 2002 PA 215.
Senate Bill No. 1103, 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; to investigate and study the tolling of roads, streets,
highways, or bridges; and to repeal acts and parts of acts,” by amending
section 10 (MCL 247.660), as amended by 2018 PA 471.
The bills were placed on the order of Third
Reading of Bills.
House Bill No. 5443, entitled
A bill to create the kinship caregiver
advisory council; to prescribe the membership of the council; to prescribe the
powers and duties of the kinship caregiver advisory council; to prescribe the
powers and duties of certain state departments and agencies; to allow for
appropriations to carry out the provisions of this act; and to promulgate rules
to carry out the purposes of this act.
Substitute (S-1)
Senate Bill No. 855, entitled
A bill to ensure access to quality complex
rehabilitation technology in the Medicaid program for people with complex
medical needs; and to prescribe the powers and duties of certain state
departments.
Substitute (S-1)
House Bill No. 5053, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” by amending section 261 (MCL 18.1261), as amended
by 2017 PA 21.
Substitute (S-1)
House Bill No. 5493, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” (MCL 18.1101 to 18.1594) by adding section 490.
Substitute (S-1)
House Bill No. 5494, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” (MCL 18.1101 to 18.1594) by adding section 261e.
Substitute (S-1)
The Senate agreed to the substitute
recommended by the Committee of the Whole, and the bill as substituted was
placed on the order of Third Reading of Bills.
By unanimous consent the Senate proceeded to
the order of
Introduction and Referral of Bills
Senate Bill No. 1107, entitled
A bill to create the foster care task force;
to provide for the powers and duties of the foster care task force; and to
provide for the powers and duties of certain state departments and agencies.
The bill was read a first and second time by
title and referred to the Committee on Families, Seniors, and Veterans.
Senators Theis, Hollier, LaSata,
MacDonald, Lucido, Victory, Daley, Zorn, Wojno, McMorrow, Moss and Schmidt
introduced
Senate Bill No. 1108, entitled
A bill to amend 1976 PA 267, entitled “Open
meetings act,” by amending section 3 (MCL 15.263), as amended by 2018 PA 485,
and by adding section 3a.
The bill was read a first and second time by
title and referred to the Committee on Local Government.
Senators Brinks, Barrett, Chang,
Moss, Wojno and Hollier introduced
Senate Bill No. 1109, entitled
A bill to amend 2016 PA 560, entitled “Michigan
veterans’ facility authority act,” (MCL 36.101 to 36.112) by adding section 6b.
The bill was read a first and second time by
title and referred to the Committee on Families, Seniors, and Veterans.
Senators Barrett, Brinks, Chang,
Moss, Wojno and Hollier introduced
Senate Bill No. 1110, entitled
A bill to amend 2016 PA 560, entitled “Michigan
veterans’ facility authority act,” by amending the title and sections 2, 3, 5,
and 6 (MCL 36.102, 36.103, 36.105, and 36.106), sections 3, 5, and 6 as amended
by 2018 PA 630, and by adding sections 6a and 6c; 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 Families, Seniors, and Veterans.
Senators Johnson, Santana,
Runestad, Nesbitt, Barrett, Wojno, LaSata, Alexander, VanderWall and Hollier
introduced
Senate Bill No. 1111, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 307, 314, and 811 (MCL 257.307, 257.314,
and 257.811), section 307 as amended by 2018 PA 604, section 314 as amended by
2020 PA 127, and section 811 as amended by 2006 PA 589.
The bill was read a first and second time by
title and referred to the Committee on Transportation and Infrastructure.
Senators Alexander, Santana,
Nesbitt, Barrett, Wojno, LaSata, VanderWall and Hollier introduced
Senate Bill No. 1112, entitled
A bill to amend 1972 PA 222, entitled “An act
to provide for an official personal identification card; to provide for its
form, issuance and use; to regulate the use and disclosure of information
obtained from the card; to prescribe the powers and duties of the secretary of
state; to prescribe fees; to prescribe certain penalties for violations; and to
provide an appropriation for certain purposes,” by amending section 2 (MCL
28.292), as amended by 2020 PA 128.
The bill was read a first and second time by
title and referred to the Committee on Transportation and Infrastructure.
Senator Polehanki introduced
Senate Bill No. 1113, entitled
A bill to require long-term care facilities to
follow certain testing and procedural requirements in response to COVID-19; to
require the reporting of certain data; to prescribe civil sanctions; to provide
for the powers and duties of certain state officers and entities; to require
the promulgation of rules; 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 Health Policy and Human Services.
Senators Alexander, Santana,
Brinks, Wojno, Chang, Geiss, McCann, Bullock, McMorrow, Polehanki, Bayer, Moss,
Irwin, Ananich, Johnson and Hollier introduced
Senate Bill No. 1114, entitled
A bill to amend 1927 PA 175, entitled “The code
of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d),
as amended by 2018 PA 661.
The bill was read a first and second time by
title and referred to the Committee on Elections.
Senators Alexander, Hollier, Geiss,
Wojno, McMorrow, Bullock, McCann, Ananich, Moss, Polehanki, Brinks, Bayer,
Irwin, Santana, Chang and Johnson introduced
Senate Bill No. 1115, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” (MCL 168.1 to 168.992) by adding section 932g.
The bill was read a first and second time by
title and referred to the Committee on Elections.
Senator Geiss introduced
Senate Bill No. 1116, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406v.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senator Geiss introduced
Senate Bill No. 1117, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406w.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1164c.
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 Education and Career Readiness.
A bill to amend 1974 PA 381, entitled “An act
to encourage and contribute to the rehabilitation of former offenders and to
assist them in the assumption of the responsibilities of citizenship; to
prescribe the use of the term “good moral character” or similar term as a
requirement for an occupational or professional license or when used as a
requirement to establish or operate an organization or facility regulated by
this state; and to provide administrative and judicial procedures to contest
licensing board or agency rulings thereon,” by amending the title and sections
1, 2, 3, 4, 5, 6, and 7 (MCL 338.41, 338.42, 338.43, 338.44, 338.45, 338.46,
and 338.47), section 2 as amended by 2014 PA 361.
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 Regulatory Reform.
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 934 (MCL 600.934), as amended by
2004 PA 558.
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 Regulatory Reform.
A bill to amend 2016 PA 407, entitled “Skilled
trades regulation act,” by amending section 105 (MCL 339.5105).
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 Regulatory Reform.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16104 and 21755 (MCL 333.16104 and
333.21755), section 16104 as amended by 2011 PA 210.
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 Regulatory Reform.
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending section 104 (MCL 339.104), as amended by 2016 PA 412.
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 Regulatory Reform.
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending section 411 (MCL 339.411), as amended by 2014 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 and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding section 18817.
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 Agriculture.
A bill to amend 1945 PA 200, entitled “An act
to define a marketable record title to an interest in land; to require the
filing of notices of claim of interest in such land in certain cases within a
definite period of time and to require the recording thereof; to make invalid
and of no force or effect all claims with respect to the land affected thereby
where no such notices of claim of interest are filed within the required
period; to provide for certain penalties for filing slanderous notices of claim
of interest, and to provide certain exceptions to the applicability and
operation thereof,” by amending section 3 (MCL 565.103), as amended by 2018 PA
572.
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.
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 311 and 907 (MCL 257.311 and 257.907),
section 311 as amended by 1983 PA 63 and section 907 as amended by 2015 PA 126.
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 Transportation and Infrastructure.
Statements
The motion prevailed.
Senator
Barrett’s statement is as follows:
I just wanted to briefly touch on Senate Bill No. 757 that we passed
today. I voted “no” on this bill and I think we have a number of competing
interests at play. I think we have a number of competing interests taking place
at the same time. Certainly we want the timely reporting of our elections to
take place and to know the certainty of that outcome, but I think more
importantly than that we have to stand and ensure that the accuracy of the vote
is taking place and the security of the ballot is also taking place.
The concern I have with Senate Bill No. 757—they’ve added a number of
security measures that I think are a great step in the right direction, but
where I think it falls short is currently under Michigan law, when ballots are
tabulated through the machine on Election Day and stored within that machine,
they are then locked into a sealed container on Election Night, and if there’s
an event that causes a recount, those ballot boxes are then re-opened and
examined and used for the purposes of that recount. If a seal is broken or the
box is damaged, then those paper ballots are not able to be used for the
purpose of the recount because they have been tampered with. That could have
been through negligence, it could be through the storage purposes or the
techniques, rough handling, whatever it is, or it could have been tampered
with, but it still says if that seal is broken, then those paper ballots are
not used for a recount and the machine total stands as the final figure for
that election result.
With this particular bill, we are going to partially process these
ballots, store them in a sealed container, affix the seal to it, and then come
back at a later time and feed them through the machine to be finally processed.
The concern I have is if that seal is somehow broken, again through either
purposeful action to tamper with the results or just through error or
negligence or rough handling of that particular box, those ballots are now
exposed and there’s nothing in here that says what happens in that event, and
there could be a lot of ambiguity as to whether or not those ballots should be
counted. Certainly those voters deserve to have their ballots counted, but what
do we do about the actual security and certainty of that particular box of
ballots that was partially processed but not finally tabulated? That’s the
concern I have.
The election results this year could be extremely close here in
Michigan. We all know that could happen again—it happened four years ago. To
me, we have to err on the side of the certainty and less on the side of the
convenience and I’m hopeful that in the House of Representatives, they will
address this issue in the bill and then we can come back and concur in it. I’d
be happy to support it at that point.
Announcements
of Printing and Enrollment
The Secretary announced that the following
House bills were received in the Senate and filed on Thursday, September 10:
House Bill Nos. 4483 4488 4489 4490 4491 4492 4493 5085 5611 5699
The Secretary announced the enrollment
printing and presentation to the Governor on Monday, September 14, for her
approval the following bills:
Enrolled
Senate Bill No. 473 at 12:58 p.m.
Enrolled
Senate Bill No. 475 at 1:00 p.m.
Enrolled
Senate Bill No. 171 at 1:02 p.m.
Enrolled
Senate Bill No. 595 at 1:04 p.m.
Enrolled
Senate Bill No. 799 at 1:06 p.m.
The Secretary announced that the following
bills and resolutions were printed and filed on Thursday, September 10, and are
available on the Michigan Legislature website:
Senate Bill Nos. 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106
Senate Resolution Nos. 140 141 142 143
House Bill Nos. 6193 6194 6195 6196 6197 6198 6199 6200
Committee Reports
The
Committee on Environmental Quality reported
Senate Bill No. 1080, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 30705 (MCL
324.30705), as amended by 2002 PA 215.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Rick
Outman
Chairperson
To Report Out:
Yeas: Senators Outman, Daley, Johnson,
VanderWall, Bayer and Brinks
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Environmental Quality
reported
House Bill No. 4454, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 8905a (MCL
324.8905a), as amended by 2014 PA 549.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Rick
Outman
Chairperson
To Report Out:
Yeas: Senators Outman, Daley, VanderWall,
Bayer and Brinks
Nays: Senator McBroom
The bill was referred to the Committee of the
Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Environmental Quality
submitted the following:
Meeting held on Thursday, September 10, 2020,
at 9:00 a.m., Room 403, 4th Floor, Capitol Building
Present: Senators Outman (C), Daley, Johnson,
VanderWall, McBroom, Bayer and Brinks
The
Committee on Judiciary and Public Safety reported
Senate Bill No. 20, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 317a (MCL 750.317a), as added by 2005
PA 167.
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 and Runestad
Nays: Senators Chang and Irwin
The bill was referred to the Committee of the
Whole.
The Committee on Judiciary and Public Safety reported
Senate Bill No. 21, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 5a to
chapter II.
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 and Runestad
Nays: Senators Chang and Irwin
The bill was referred to the Committee of the
Whole.
The Committee on Judiciary and Public Safety
reported
Senate Bill No. 289, entitled
A bill to create the child abuse offenders
registry; to prescribe the powers and duties of certain departments and
agencies in connection with that registry; and to prescribe penalties and sanctions.
With the recommendation that the substitute
(S-2) be adopted and that the bill then pass.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett,
Johnson and Chang
Nays: Senator Irwin
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. 290, entitled
A bill to require persons convicted of certain
child abuse offenses to register with the child abuse offenders registry; to
prescribe the powers and duties of certain departments and agencies in
connection with that registration; to prescribe fees and penalties; and to
authorize certain causes of action.
With the recommendation that the bill pass.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett and
Johnson
Nays: Senator Irwin
The bill was referred to the Committee of the
Whole.
The Committee on Judiciary and Public Safety
reported
Senate Bill No. 291, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 11b of chapter XVII (MCL
777.11b), as amended by 2016 PA 234.
With the recommendation that the bill pass.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett,
Johnson and Runestad
Nays: Senator Irwin
The bill was referred to the Committee of the
Whole.
The Committee on Judiciary and Public Safety
reported
Senate Bill No. 611, entitled
A bill to amend 1982 PA 455, entitled “The
library privacy act,” by amending the title and sections 2, 3, and 4 (MCL
397.602, 397.603, and 397.604), section 2 as amended by 1999 PA 37 and section
3 as amended by 1996 PA 188.
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.
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.
COMMITTEE
ATTENDANCE REPORT
The Committee on Judiciary and Public Safety
submitted the following:
Meeting held on Thursday, September 10, 2020,
at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Lucido (C), VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
The
Committee on Health Policy and Human Services reported
Senate Bill No. 758, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 18201 (MCL 333.18201) and by adding sections
16190 and 18211a.
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.
The Committee on Health Policy and Human
Services reported
House Bill No. 5482, entitled
A bill to provide for certain requirements
regarding suicide prevention for schools; to prescribe the rights, powers,
duties, and privileges of schools, school districts, public school academies,
intermediate school districts, and other public school entities; to provide for
and prescribe the powers and duties of certain state departments; and to
provide for the regulation of certain school employees.
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, September 10, 2020,
at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators VanderWall (C), Bizon,
Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
The Committee on Advice and Consent submitted
the following:
Meeting held on Thursday, September 10, 2020,
at 12:00 noon, Room 1100, Binsfeld Office Building
Present: Senators Nesbitt (C), Theis, McBroom
and Hertel
COMMITTEE
ATTENDANCE REPORT
The Committee on Economic and Small Business
Development submitted the following:
Meeting held on Thursday, September 10, 2020,
at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Horn (C), VanderWall,
MacGregor, Lauwers, Schmidt, LaSata, McMorrow, Geiss and Moss
The Joint Select Committee on the COVID-19
Pandemic (HCR 20) submitted the following:
Meeting held on Tuesday, September 15,
2020, at 8:15 a.m., Room 519, House Office Building
Present: Senators Nesbitt, LaSata, and
Hertel
Excused: Senators Schmidt and Hollier
Advice and Consent - Thursday, September 17,
10:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5314
Appropriations -
Subcommittee -
Universities and Community Colleges - Thursday, September 17, 2:00 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768 (CANCELED)
COVID-19 Pandemic Joint Select - Wednesday, September 16, 8:15 a.m., Room 519, Anderson
House Office Building (517) 373-5795
Health Policy and Human Services - Thursday, September 17, 11:00 a.m., Senate Hearing
Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety - Thursday, September 17, 8:30 a.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5312
Legislative Council - Wednesday, September 23, 9:00 a.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building (517) 373-0212
Local Government - Thursday,
September 17, 1:30 p.m., Room 1100, Binsfeld Office Building (517) 373‑5312
(CANCELED)
Oversight -
Wednesday, September 16, 9:00 a.m., Room 403, 4th Floor, Capitol Building and
Thursday, September 17, 8:00 a.m., Room 1100, Binsfeld Office Building (517)
373-5312
Senate Fiscal Agency Governing Board - Wednesday, September 16, 8:30 a.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 11:56
a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Wednesday, September 16, 2020, at
10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate