context_text:
Not Voting—0
In The Chair: Nesbitt
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5263, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending section 316 (MCL 484.2316), as amended by 2011 PA 58.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


chamber: senate

result: passed

context_text:
Not Voting—0
In The Chair: Nesbitt
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 regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 595, entitled
A bill to authorize the state administrative board to accept and convey real property in Grand Traverse County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
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.
The following bill was read a third time:
House Bill No. 4912, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2018 PA 479.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


result: failed

context_text:
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4203, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2017 PA 221, and by adding section 4ff.
The question being on the passage of the bill,
Senator McMorrow offered the following amendment:
1. Amend page 8, following line 3, by inserting:
“Enacting section 1. It is the intent of the legislature to annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:


context_text:
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not Voting—0
In The Chair: Nesbitt
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
I stand today to offer an amendment that would carry that very good policy forward and make sure that as we are considering bills to collect areas in statute to provide tax fairness, we make sure we are not negatively impacting the future of every single child in this state. I encourage a “yes” vote on this amendment.
The following bill was read a third time:
House Bill No. 4204, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2017 PA 220, and by adding section 4ff.
The question being on the passage of the bill,
Senator Polehanki offered the following amendment:
1. Amend page 7, following line 28, by inserting:
“Enacting section 1. It is the intent of the legislature to annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:


motion_text: The bill was passed, a majority of the members serving voting therefor, as follows:


result: unknown

context_text:
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
House Bill No. 5118, entitled
A bill to amend 2016 PA 343, entitled “ An act to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state and local governmental officers and agencies; to provide remedies; and to make an appropriation ,” by amending section 7 (MCL 691.1757).
The House of Representatives has amended the Senate substitute (S-1) as follows:
1. Amend page 2, line 1, after “ the ” by striking out “ 2019 ” and inserting “ 2020 ”.
The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendment made to the Senate substitute,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:


context_text:
Not Voting—0
In The Chair: Nesbitt
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. 170
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 170, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766c (MCL 333.17766c), as amended by 2014 PA 216.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Nays—1
Irwin
Excused—1
Stamas
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 599, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766f (MCL 333.17766f), as amended by 2014 PA 275.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Nays—2
Hollier Irwin
Excused—1
Stamas
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4862, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20981 (MCL 333.20981), as added by 2016 PA 40.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Not Voting—0
In The Chair: Nesbitt
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5043, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b and 772 (MCL 330.1100b and 330.1772), section 100b as amended by 2014 PA 200 and section 772 as added by 1995 PA 290, and by adding section 206a; and to repeal acts and parts of acts.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Not Voting—0
In The Chair: Nesbitt
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 codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5044, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 4c (MCL 722.954c), as amended by 2014 PA 337.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Ananich entered the Senate Chamber.
Senate Bill No. 118, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA 46.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


context_text:
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 762
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 762, entitled
A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2004 PA 463.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
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. 402
The motion prevailed.
Senator MacGregor moved that Senator Victory be excused from the balance of today’s session.
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 402, entitled
A bill to establish the Michigan PFAS action response team and provide for its powers and duties; and to prescribe the powers and duties of certain state and local agencies and officials.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Victory
Not Voting—0
In The Chair: Nesbitt
Senator MacGregor offered to amend the title to read as follows:
“A bill to establish the Michigan PFAS action response team; to provide for its powers and duties; to provide for the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts.”
The amendment to the title was adopted.
The Senate agreed to the title as amended.
The following bill was read a third time:
Senate Bill No. 696, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1801 and 1809 (MCL 339.1801 and 339.1809), section 1801 as amended by 2006 PA 300.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 686
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 686, entitled
A bill to prohibit a state department or agency from taking disciplinary action against an employee for communicating with certain individuals.
The question being on the passage of the bill,
Senator Hertel offered the following substitute:
Substitute (S-3).
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:


context_text:
The Senate agreed to the title of the bill.
Senator Barrett asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Barrett’s statement is as follows:
I wanted to just briefly talk about some of the merits of Senate Bill No. 686 that is before us today. This bill represents a codification of, I think, what we all believe should exist in statute already, which is this basic protection for employees of the state of Michigan—the tens of thousands of employees who go to work each day and work hard on behalf of the taxpayers of this state—to make sure they can have open and free communication with us as lawmakers. As we serve in an oversight role of the departments and positions that they hold and as they work with us collaboratively to make the best public policy we can and apply the best resources toward solving the problems of our state, we want to make sure we can have those open and candid conversations.
Senate Bill No. 686 allows state employees to come forward to state lawmakers and communicate openly with us without any fear of reprisal or disciplinary action by their department. I personally, and I’m sure many of you have as well, had interactions with state employees who have come to you about an improvement to their department or a process they would like to see changed or some type of issue they’re facing within the scope of their work. By us protecting that communication today, we can ensure that going forward we will continue to have those open and candid conversations.
I wanted to send a special appreciation to the Senator from the 23rd District who worked with me on this, and I look forward to bipartisan support on this bill.
The following bill was read a third time:
House Bill No. 4712, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 421 (MCL 750.421).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Not Voting—0
In The Chair: Nesbitt
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. 4713, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16u of chapter XVII (MCL 777.16u), as amended by 2000 PA 279.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Not Voting—0
In The Chair: Nesbitt
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all 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. 5103, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3203 and 3204 (MCL 700.3203 and 700.3204), as amended by 2018 PA 13.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Not Voting—0
In The Chair: Nesbitt
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 codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 692, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 125 (MCL 125.525), as amended by 2016 PA 14.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Daley
Nays—0
Excused—1
Johnson
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 669, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20145, 22201, 22203, 22207, 22208, 22209, 22215, 22221, and 22227 (MCL 333.20145, 333.22201, 333.22203, 333.22207, 333.22208, 333.22209, 333.22215, 333.22221, and 333.22227), section 20145 as amended by 2015 PA 104, section 22201 as added by 1988 PA 332, sections 22203, 22207, 22209, 22215, and 22221 as amended by 2002 PA 619, section 22208 as amended by 2011 PA 51, and section 22227 as amended by 1993 PA 88.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Johnson
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 671, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 22211 and 22215 (MCL 333.22211 and 333.22215), section 22211 as amended by 2014 PA 107 and section 22215 as amended by 2002 PA 619.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Daley
Nays—0
Excused—1
Johnson
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 672, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Johnson
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 673, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c and 137 (MCL 330.1100c and 330.1137), section 100c as amended by 2016 PA 320 and section 137 as amended by 2015 PA 59, and by adding section 137a.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—1
Johnson
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 674, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
10:27 a.m.
The Senate was called to order by the President pro tempore, Senator Nesbitt.
During the recess, Senator Geiss entered the Senate Chamber.
Messages from the Governor
Michigan Natural Resources Commission
Mr. George K. Heartwell III, of 8928 S. Parson Avenue, Newaygo, Michigan 49337, county of Newaygo, appointed for a term commencing February 7, 2020 and expiring December 31, 2023.
The question being on the disapproval of the said appointment to office,
The Senate disapproved of the appointment to office, a majority of the members serving voting therefor, as follows:


context_text:
I think it’s unfortunate that outside influences have had so much effect in this process. I think it’s unfortunate that the long arm of the NRA comes all the way down into this body and gets to choose who’s on the Natural Resources Commission. I think that’s inappropriate. Again, that might be a reasoning, but someone has to get up and actually explain it. At the end of the day, I think that what we’re looking for is an independent voice. You’re looking for somebody who’s going to take issues, look at them, and do what they think is right. George certainly fits into that. It’s impossible to think that he isn’t. If an avid fisherman who’s been an independent voice in this state and an avid outdoorsman isn’t qualified for the NRC, then I don’t know where you’re going to find someone to actually approve at the end of the day. Again, I’m just going to ask somebody to get up and explain what’s the standard for rejecting.
At the end of the day, we have real problems to solve in this state. We’ve got to work together in order to solve them, but we’re not going to solve them by playing politics. We’re not going to solve them by backroom political deals. We’re not going to solve them by insulting the citizens who are willing to serve for free in this process. These are people who are willing to give of their time just because they love the state of Michigan. I hope we get to a better place and I hope we get to a better place where the history of this body and the history of this process will be respected. I think we’ve reached a place where that’s not the case today, and I think that’s sad.
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. 712
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 712, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 10 and 13 of chapter II and section 5 of chapter V (MCL 62.10, 62.13, and 65.5), section 13 of chapter II as amended by 2003 PA 305 and section 5 of chapter V as amended by 1998 PA 255.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


context_text:
Senator Hollier moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Hollier’s statement, in which Senators Bayer, Santana, Polehanki, Bullock, Geiss, McMorrow and Wojno concurred, is as follows:
I think we spend a lot of time talking about communities that cannot take care of themselves. When there are communities represented by people that look like me, we talk about how they’re incompetent. We talk about their inability to get things done; how they can’t manage their finances. We talk about all the mistakes that they’ve made. But when these communities are from other places in the state, we talk about all the accommodations that are necessary to be made. We change rules. We make recommendations based on the issues that they have.
I represent a number of communities that have been taken over by the state—Highland Park, Hamtramck, and the Detroit Public Schools twice. We have communities like Flint, Benton Harbor, Muskegon Heights, and Buena Vista where they completely dissolved this community and what they said first was that they couldn’t manage their money. And then they said they couldn’t manage their community. And here we have a community where they literally can’t keep enough there to represent them. Instead of saying, “hey, we’re going to let them deal with it the same way every other community does,” we’re going to change state law. We didn’t change state law to ensure that the members of the 13th Congressional District had a Congressperson for the better part of the year that they had a vacancy. We didn’t change state law for the members of the 2nd Senate District who lost a State Senator. We didn’t change state law for the countless number of vacancies that happened across the state. But we have a small community that is pushing up against a deadline that they could not negotiate, so we are going to move heaven and earth to make sure that that small community is not affected negatively. We didn’t do that in Detroit. We didn’t do that for Detroit Public Schools. We haven’t done that in Hamtramck, Highland Park, or Flint. I don’t know why this community is any different.
Today we’ve talked about how some communities are treated differently than others. Here is another opportunity for us to say that. Either we are going to treat communities the same or we aren’t. Either we are going to seek to address the fundamental issues and difficulties that local communities have, or we aren’t. This is another opportunity for us to say that some communities matter more than others. That’s really frustrating for me. It’s really frustrating when I know that we are going to have a number of communities like the ones that I represent that had these financial challenges that are of no situations of their own. They did not control them, they did not make them, but they happened. We are going to have more vacancies in these communities and we are not going to change state law for them. What we are doing for this small community is so that they can make their deadlines because we really care about what matters to them. I’m not saying that we shouldn’t care about other communities, but we should care about communities in a matter that’s equitable and reasonable so the next time I come up or my colleagues come up and talk about the very specific situations going on in some of these communities where a disproportionate number of residents in this state live, I’d ask you to think about what it means to our residents, because that’s not what we’ve done at this point. Because we have been talking about consolidation; we have been talking about financial issues. But when it comes to communities—particularly in urban communities—we talk about how the people were bad; how they were managing their experiences poorly; how they didn’t handle their business. When we look at a community that has lost a significant number of their members—where they have a councilmember that literally refuses to show up—we’re willing to change state law. That’s not what we did in Detroit when we had a Congressperson lost, in my district when a Senator resigned, or in a number of these other communities. We have a real problem in this state of how we look at local governments and it’s patchwork and that’s unacceptable.
I would ask you to think about how our decisions today speak volumes about how we care about the other communities across the state and where people live and how we prioritize the work that they are going to do.
The following bill was read a third time:
Senate Bill No. 713, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 381 (MCL 168.381), as amended by 2018 PA 120.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Bayer Geiss McMorrow Santana
Bullock Hollier
Excused—1
Johnson
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4266, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2979.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Not Voting—0
In The Chair: Nesbitt
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 the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5266, entitled
A bill to amend 2008 PA 167, entitled “Electric cooperative member-regulation act,” (MCL 460.31 to 460.39) by adding sections 8a and 8b.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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10:56 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Theis.
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. 370
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 370, entitled
A bill to establish the pediatric congenital heart association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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The motion prevailed.
Senator Hertel’s statement is as follows:
Today I rise and ask for your support for my legislation to create a tax check-off for the Michigan chapter of the Pediatric Congenital Heart Association.
Congenital heart disease is the No. 1 birth defect and consists of problems with the heart’s structure or the way it works that are present at birth, including related life-long consequences. One in 100 newborns are born with CHD, there is an estimated two to three million people living with CHD, and 25 percent of children born with CHD need heart surgery or other intervention to survive.
On October 23, 2015, Ruby Jane Schupbach, the inspiration for this legislation, was born with CHD. Ruby, the fourth child to David and Gail Schupbach, at one month old, had her first open heart surgery. She is now four and has had three open-heart surgeries and more than ten heart catheterizations. Ruby is more than just a statistic, and will have a long road ahead for her CHD journey; but like many CHD warriors, you wouldn’t know it when you meet her. She is happy, playful, and precocious.
While there is no cure, thanks to advances in medical research, more and more children are surviving. Over 85 percent of babies born with CHD will now live to reach the age of 18. Michigan families have found their support in the Pediatric Congenital Heart Association. They have been connected to research, resources, and comfort. All funds raised through this check-off will go to the Michigan chapter of the Pediatric Congenital Heart Association in support of their efforts to improve the lives of those with CHD and their families through direct support, education, research, and awareness.
Please join me in supporting the millions of individuals living with congenital heart disease by voting in support of this legislation.
The following bill was read a third time:
Senate Bill No. 371, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2018 PA 258.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Adam, thank you for your years of service and great work for the Michigan Senate and for the state of Michigan. We wish you the best in your endeavors down the street; we’re glad you’re not going to be too far away. We look forward to working with you in your new role.
The President, Lieutenant Governor Gilchrist, assumed the Chair.
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. 716
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 716, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 18a and 18b (MCL 247.668a and 247.668b), section 18b as amended by 2002 PA 498.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 5174
The motion prevailed.
The following bill was read a third time:
House Bill No. 5174, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1915 (MCL 500.1915), as amended by 2006 PA 644.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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:


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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:


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The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 364
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 364, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11i.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 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.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
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. 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.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
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 question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 151
The motion prevailed.
Senate Bill No. 151, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal year ending September 30, 2020; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
(This bill was returned from the House with a substitute (H-1), immediate effect and title amendment, and was laid over under the rules. See Senate Journal No. 27, p. 351.)
The question being on concurring in the substitute made to the bill by the House,
Senator Stamas offered the following substitute to the House substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on concurring in the House substitute as substituted,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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Senate Bill No. 268
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. 245
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 245, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Ananich Chang McCann Santana
Bayer Geiss McMorrow Wojno
Brinks Hertel Moss
Excused—0
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 246, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, 122, and 123 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, 24.322, and 24.323), section 71 as amended by 1984 PA 28, section 80 as amended and section 123 as added by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Ananich Chang McCann Santana
Bayer Geiss McMorrow Wojno
Brinks Hertel Moss
Excused—0
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 665, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 411 (MCL 436.1411), as amended by 2018 PA 403.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Daley
Nays—1
McBroom
Excused—0
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
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.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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.
The following bill was read a third time:
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.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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.
The following bill was read a third time:
Senate Bill No. 268, entitled
A bill to establish certain financial aid programs for certain residents of this state seeking associate degrees or industry-recognized certificates or credentials from certain educational and jobs training programs; to provide for the administration of the financial aid programs; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal year ending September 30, 2020; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The House of Representatives has concurred in the Senate substitute (S-1) to the House substitute (H-1).
Pursuant to rule 1.114, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on Thursday, March 12, 2020.
Senate Bill No. 269, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” (MCL 205.1 to 205.31) by adding section 4a.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 543, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2010 PA 266.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 701 (MCL 436.1701), as amended by 2019 PA 131.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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House Bill No. 5580
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 4125
The motion prevailed.
The following bill was read a third time:
House Bill No. 4125, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51 and 51d (MCL 206.51 and 206.51d), as amended by 2018 PA 588.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4908, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32 (MCL 125.1432), as amended by 2012 PA 328.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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 create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5576, entitled
A bill to establish certain financial aid programs for certain residents of this state seeking associate degrees or industry-recognized certificates or credentials from certain educational and jobs training programs; to provide for the administration of the financial aid programs; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Excused—1
Wojno
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5580, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 256 (MCL 388.1856), as amended by 2019 PA 62.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 125, entitled
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 18 (MCL 567.238), as amended by 2010 PA 197.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 268, entitled
A bill to establish certain financial aid programs for certain residents of this state seeking associate degrees or industry-recognized certificates or credentials from certain educational and jobs training programs; to provide for the administration of the financial aid programs; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 711, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 109 (MCL 436.1109), as amended by 2018 PA 409, and by adding section 504.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 712, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 10 and 13 of chapter II and section 5 of chapter V (MCL 62.10, 62.13, and 65.5), section 13 of chapter II as amended by 2003 PA 305 and section 5 of chapter V as amended by 1998 PA 255.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1895 PA 3, entitled “An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,” by amending section 10 of chapter II and section 5 of chapter V (MCL 62.10 and 65.5), section 5 of chapter V as amended by 1998 PA 255.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 4740
The motion prevailed.
The President, Lieutenant Governor Gilchrist, resumed the Chair.
The following bill was read a third time:
House Bill No. 4740, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 75102, 75103, and 75104 (MCL 324.75102, 324.75103, and 324.75104), section 75102 as amended by 2016 PA 11, section 75103 as added by 1995 PA 58, and section 75104 as amended by 2012 PA 251.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5401, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80146 (MCL 324.80146), as amended by 2007 PA 8.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5402, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 113, 8701, and 8703 (MCL 600.113, 600.8701, and 600.8703), section 113 as amended by 1996 PA 79, section 8701 as added by 1994 PA 12, and section 8703 as amended by 1996 PA 388.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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 the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5463, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80104 and 80110 (MCL 324.80104 and 324.80110), section 80104 as amended by 2014 PA 402 and section 80110 as amended by 2006 PA 237, and by adding section 80112a.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 592, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA 18.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Daley
Nays—0
Excused—1
Wojno
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. 799, entitled
A bill to authorize the department of natural resources to accept and convey real property in Gogebic County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Daley
Nays—0
Excused—1
Wojno
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. 718, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625t (MCL 257.625t), as added by 2016 PA 243.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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House Bill No. 4729
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. 745
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 745, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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:


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Daley
Nays—0
Excused—1
Wojno
Not Voting—0
In The Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4729, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:31 a.m.
12:26 p.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
Senator MacGregor moved that the Committee on Government Operations be discharged from further consideration of the following bills:
Senate Bill No. 857, entitled
A bill to repeal 1945 PA 302, entitled “An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,” (MCL 10.31 to 10.33).
Senate Bill No. 858, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132.
On which motion Senator MacGregor requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members serving voting therefor, as follows:


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Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 857
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 857, entitled
A bill to repeal 1945 PA 302, entitled “An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,” (MCL 10.31 to 10.33).
The question being on the passage of the bill,
Senator MacGregor moved that the previous question be ordered.
The motion prevailed.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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My friend from Southfield stood up and said rational people are taking care of this. I guess that means we shouldn’t worry our pretty little heads; that this is all being taken care of. This is being taken care of by one person and one person alone who’s planning to save lives—like we couldn’t—like we couldn’t help in the decision. I had another colleague just stand up and say “we should be here writing laws that protect citizens instead of this bill,” but we’re not allowed to because it’s being taken care of for us.
When the people were given the formal task of self-governance they set themselves up with a well-defined system of creating laws. The people own this government. They deserve a say in it. We are their say. There are governments around this world that vest all the power and authority of government into one person. Those are not called democracies and those are not called republics. We have a responsibility, as a co-equal branch of government, to share in the solutions to all the problems that Michigan faces, including this crisis itself. If my colleagues are unwilling to participate in this particular system of democracy we have—if you want to leave or yield all of your authority and your power to one person—then you shouldn’t be here in the first place. You swore an oath to protect the citizens, not to yield your authority.
Senator Barrett’s statement is as follows:
The bill before us today is uncomplicated. It simply restores the constitutional order to our state and removes any doubt as to the actions allowed by each branch of government. All of us, regardless of political stripe or affiliation, or no affiliation at all, should be gravely concerned that any Governor would claim authority to seize unilateral control of state government for as long as he or she chooses. There are systems of government in the world—and I’ve been to some of them—that provide total authority to one person. Thankfully, the state of Michigan is not one of them. Our framers correctly realized that the pursuit of power was a vice to be safeguarded against. A recent, unconscionable example of this is a no-bid contract placing private citizens’ individual health care under the control of a partisan, political data-mining firm. I realize that none of my colleagues on the other side even made mention of that. The remedy to this is what our Founders created—to establish checks and balances with branches of government co-equal, not subordinate to one another.
But don’t take my word for it. The Michigan Constitution is clear. Article I, section 1: “ All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.” The protection of the rights of the people. Article III, section 2: “The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch.” Now, I’ll fully acknowledge and admit to you today that I was a little rusty on my public acts from 1945 when I walked in the door to this chamber. But for the benefit of those at home, I’ll recap some of the highlights. There are two emergency powers statutes in Michigan. Public Act No. 302 of 1945, which this bill seeks to repeal, allows the Governor to declare a state of emergency under the following circumstances: “disaster, rioting, catastrophe, or similar public emergency within the state.” Nothing in the statute prohibits the Governor from declaring a state of emergency that extends for the entirety of their term of office, relegating the place of the Legislature entirely moot in any of that decision. Public Act No. 390 of 1976, however, designates a state of disaster meaning an “occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause” including an epidemic, the exact situation we’re facing right now. That law clearly lays out a timeline under which the Governor must receive an extension from the Legislature. It is crystal-clear that Public Act No. 390 of 1976—which provides a firm timeline for the Governor—applies to the crisis related to the coronavirus outbreak in Michigan. It is clear that the Governor requires the consent of the Legislature to continue emergency powers. This bill removes any doubt as to the proper roles of government in our state. We can both grieve the loss of life and still protect our system of government. Those two are not mutually exclusive.
You want to talk about sanctity of life? I’m glad you brought that up. You think it’s perfectly acceptable to rip a baby in half and call it life-sustaining, but not necessary for preventive medicine. We know of people denied chemotherapy, people who have been denied pacemakers. I know of someone who went into the hospital with chest pain but they waited at home for so long, that by the time they arrived they died shortly after. I’ve walked a few hardships and I’ve been a few places that I hope none of you have to go to in your life. If I don’t have the standing in this chamber to stand up and talk about that, then I don’t know who does. It’s a false choice that we cannot grieve the loss of others and work on appropriate legislation at the same time. Our work here should not be relegated as insignificant, simply because we think it will be hard or that we think we’ll have disagreement, or that others might think we’re arguing too much. Governing is hard. It’s supposed to be hard. Making laws is supposed to be hard. It should be.
Stand with me in defense of our Constitution. Vote “yes” on Senate Bill No. 857.
The following bill was read a third time:
Senate Bill No. 858, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Resolved, That the joint select committee shall examine the status and efficacy of governmental actions in response to the COVID-19 pandemic in Michigan. The joint select committee shall report to the Legislature a summary of its findings and conclusions, as well as any recommendations on further appropriate actions the Legislature may take to address the COVID-19 pandemic and to prevent or prepare for similar emergencies in the state.
The House of Representatives has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
Senator Irwin offered the following amendments:
1. Amend page 2, line 9, by striking “five” and inserting “six”.
2. Amend page 2, line 10, following “House,” by striking “two” and inserting “three”.
3. Amend page 2, line 12, following “and” by striking “five” and inserting “six”.
4. Amend page 2, line 13, following “Leader,” by striking “two” and inserting “three”.
The question being on the adoption of the amendments,
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:


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Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—1
Alexander
Not Voting—0
In The Chair: President
Senator Hertel offered the following amendment:
1. Amend page 2, line 27, after “Michigan” by inserting, “This shall include an investigation of the federal response and whether actions taken by the federal government to assist the State of Michigan were influenced by the President’s favoritism.”
The question being on the adoption of the amendment,
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:


result: adopted

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Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—1
Alexander
Not Voting—0
In The Chair: President
The question being on the adoption of the concurrent resolution,
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:


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The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senate Bill No. 858, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:


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Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
Senator MacGregor moved that the bill be given immediate effect.
On which motion Senator MacGregor requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion did not prevail, 2/3 of the members not voting therefor, as follows:


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The motion prevailed, the time being 10:09 a.m.
10:37 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senator Santana entered the Senate Chamber.
The question being on the passage of the bill,
Senator Irwin offered the following amendments:
1. Amend page 8, line 4, after “ provider ” by inserting “ that relate to the treatment, diagnosis, prevention, or mitigation of COVID-19 or the assessment or care of an individual with a confirmed case or a suspected case of COVID-19, ”.
2. Amend page 8, line 5, after “ of ” by striking out “ health care ” and inserting “ those ”.
The question being on the adoption of the amendments,
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:


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Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not Voting—0
In The Chair: President
Senator Irwin offered the following amendment:
1. Amend page 4, line 19, after “services.” by inserting “ The immunity granted under this subsection does not apply to conduct with an intent to harm or discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation, or gender identity by a health care facility or a health care provider providing health care services. A health care facility or a health care provider shall not deny health care services to any individual based on race, ethnicity, national origin, religion, disability, sexual orientation, or gender identity. ”.
The question being on the adoption of the amendment,
Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:


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Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not Voting—0
In The Chair: President
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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What my amendment does is it adds language to the definition of a provider by making it clear that this protection from liability only applies when mistakes were made related to the treatment, diagnosis, prevention, or mitigation of COVID-19, or the assessment or care of an individual with a confirmed case, or suspected case, of COVID-19. If we do not narrowly tailor this language to COVID-19, my concern is that this liability shield will be used to protect folks who have engaged in gross misdiagnoses, errors in judgement, and errors in procedures that normally they would and should be accountable for.
Senator Irwin’s second statement, in which Senator Bullock concurred, is as follows:
My amendment seeks to provide some clarity and assurance to a large portion of our citizens who have a lack of trust in the health care industry. Many of our citizens, particularly black Americans, feel that in the health care system, they don’t always get a fair shake. We can see that with the dollars that are put into health care research and how those dollars are spent, and we can see that from time to time in facilities right here in Michigan.
I want to direct you all to the story of Mr. Fowler. Mr. Fowler was a Detroiter who recently passed from COVID-19 and this gentleman visited three emergency rooms and was turned away from all three of those emergency rooms, not admitted, and not tested. In the wake of this, his son said in the media, “I honestly believe it was because my father was black. They didn’t honestly take his symptoms serious enough to give him a test.”
What I’m asking for my colleagues to do is to support this amendment—provide some reassurance to our citizens who know that there is racial bias in pain assessment, who know that there is racial bias in treatment, who know that there is racial bias in diagnosis and prescriptions. I urge my colleagues to Google racial bias and pain assessment. See what’s happening with doctors post-training here in the United States of America who believe falsely that there are biological differences between black Americans and white Americans, and it affects the way that they diagnose and it affects the way that they prescribe treatment for individuals.
What I’m asking for you to do today is to adopt this amendment to add clearly to this bill that wipes away liability and accountability for our health care professionals during this COVID-19 crisis to say that no, that does not apply if our citizens can show that you’ve discriminated against them based on their race or based on their ethnicity or based on who they love.
That’s wrong, we should stand against it here in this Legislature, and particularly in this moment when we’ve been challenged here in this Capitol and on these grounds with the racism in our society. I think now is an especially-important time for this body to stand up and say we do not support discrimination in health care and we are not going to pass a bill that wipes away liability in an environment where we know our citizens are being discriminated against.
The following bill was read a third time:
House Bill No. 5496, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11503 and 11504 (MCL 324.11503 and 324.11504), as amended by 2018 PA 640.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:


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Senate Bill No. 889, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” (MCL 141.501 to 141.787) by adding sections 40 and 80 to chapter 2.
Substitute (S-1)
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator MacGregor moved to reconsider the vote by which the following bill was passed:
Senate Bill No. 899, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 11 (MCL 30.411), as amended by 2005 PA 321.
The motion prevailed, 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: