STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, February 20, 2019.
10:00 a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist
II.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Father
Enzo Addari of St. Louis Center of Chelsea offered the following invocation:
Gracious
God, Yours are heaven and earth. We praise You for the gift and mystery of
creation; the magnificence and the splendor of our state give You glory and
honor. We laud You for creating all of us at Your image and likeness, making
women and men the crown of Your creative hand.
We pray
to You to bestow upon each and every one of us all the graces and blessings we
need to carry out our duties of public servants and to fulfill the trust,
desires, and dreams of those who elected us to the Senate of the state of
Michigan. May we, sustained by Your loving and caring hand, serve everyone
promulgating laws which will empower all to have a fruitful life full of
dignity and respect.
For
according to Your design and will, the human activity should consider the
common good and allow each person—either as a single individual or as a member
of the family of peoples—to cultivate and carry out their integral vocation. We
pray that all the people of Michigan, through Your blessings and graces, and
through our work may live and prosper in harmony, serenity, and peace.
We
thank You for listening to us because in Your Son we are Your children. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
The
following communication was received and read:
Michigan
Legislature
February 15, 2019
Pursuant to Public Act 56 of
2003, we nominate the following member of the Michigan Legislature to be
selected by the Legislative Council for the Michigan Interstate Commission for
Juveniles for the term ending March 17, 2020:
Senator
Tom Barrett (R)
Sincerely,
Lee Chatfield Mike
Shirkey
Speaker Senate
Majority Leader
Michigan House of Representatives Michigan Senate
District #107 District
#16
The
communication was referred to the Secretary for record.
The following communication was
received and read:
Office of the Auditor General
February 15, 2019
Enclosed is a copy of the
following reports:
• Report on Internal Control, Compliance, and
Other Matters for the State of Michigan 401K Plan (071-0156-19).
• Report on Internal Control, Compliance, and
Other Matters for the State of Michigan 457 Plan (071-0157-19).
Sincerely,
Doug
Ringler
Auditor
General
The audit reports were referred
to the Committee on Oversight.
The following communications were
received:
Office of Senator Betty Jean
Alexander
February 14, 2019
I would like to add my name as a
co-sponsor of Senate Bill 85, which was sponsored by Senator Curtis Hertel.
Thank you for the opportunity and please let me know if you have any questions.
February 19, 2019
I would like to add my name as a
co-sponsor of Senate Bill 15, which was sponsored by Senator Jim Ananich. Thank
you for the opportunity and please let me know if you have any questions.
February 19, 2019
I would like to add my name as a
co-sponsor of Senate Bill 16, which was sponsored by Senator Jim Ananich. Thank
you for the opportunity and please let me know if you have any questions.
Sincerely,
Betty
Jean Alexander
State
Senator
5th
District—Detroit, Dearborn Heights,
Garden
City, Inkster, and Redford
The communications were referred
to the Secretary for record.
Third Reading of Bills
The following bill was read a third
time:
Senate Bill No. 87, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending section 8160 (MCL 600.8160), as amended by 2012 PA 21.
The question being on the passage of the bill,
The
bill was passed, a majority of the members serving voting therefor, as follows:
Roll
Call No. 8 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The Chair: 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.
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senate
Resolution No. 14
Senate Resolution
No. 16
The motion
prevailed, a majority of the members serving voting therefor.
Senator Santana offered the following
resolution:
Senate
Resolution No. 14.
A resolution to honor the life and service of
Congressman John D. Dingell Jr.
Whereas, John D. Dingell
Jr. dedicated his life in service to the United States of America. Before he
succeeded his father, John Dingell Sr., a twelve-term member of the U.S. House
of Representatives, he served as a House page, a park ranger with the U.S.
National Park Service, a second lieutenant in the United States Army, and an
assistant prosecutor in Wayne County; and
Whereas, John Dingell was elected to the U.S.
House of Representatives to represent Southeast Michigan in 1955. He was a
champion of Congress and the role it plays in our republic. He firmly believed
Congress represents the “great coming together of the American people.” and was
quick to assert that Congress serves as a coequal branch of government—and is
not subservient to the Executive Branch. He served with eleven presidents of
the United States; and
Whereas, John Dingell, over the course of his
59 years in Congress, became the Dean of the House and the longest-serving
member of either chamber of the United States Congress, and his legacy is best
measured by his legislative achievements and oversight activities on the Energy
and Commerce Committee; and
Whereas, He was decades
ahead of his time on many issues. In particular, Congressman Dingell
reintroduced his
father’s legislation to provide for national health insurance each session from
1957 until the passage of the Affordable Care Act in 2010, and was also
instrumental to the passage of landmark legislation, including the Civil Rights
Act of 1964, the Voting Rights Act of 1965, Medicare Act, Children’s Health
Insurance Act, National Environmental Protection Act, Clean Water Act, Clean
Air Act, Water Quality Act, Endangered Species Act, and the Detroit
International Wildlife Refuge Act; and
Whereas, One of his greatest strengths as a
public servant was the help he provided to constituents in need. He was not
afraid to use his prosecutorial skills to send piercing letters, known as “Dingellgrams”
or call a federal agency to testify before his committee, if it meant he would
uncover an answer that could improve people’s lives; and
Whereas, John Dingell’s service and
achievements profoundly transformed our way of life and will forever affect all
those who walk the Earth. He was awarded the Presidential Medal of Freedom by
President Barack Obama to honor his retirement and service to the nation in
2014; and
Whereas, John Dingell was a giant both
physically and legislatively. He raised four children and was succeeded in
office by his beloved wife, Congresswoman Debbie Dingell. He was known for his
legendary and unique lexicon of quips, quotes, and tweets. Perhaps his most
profound words of wisdom were to remind us that “compromise is an honorable
word”; and
Whereas, Congressman Dingell often said he was
not an important person, but that the work we did together was important and
essential to improving the lives of the American people and all those who call
Michigan home; and
Whereas, His humility was
admirable, but his many legislative achievements could not have happened
without him. His legacy will live on through his family, friends, and his loyal
former staffers; now, therefore, be it
Resolved by the Senate, That the members of
this legislative body honor the life and legacy of Congressman John D. Dingell
Jr.; and be it further
Resolved, That on behalf of all citizens of
Michigan, we offer this resolution as a condolence to Congresswoman Debbie
Dingell and the rest of the Congressman’s family; and be it further
Resolved, That copies of this resolution be
transmitted to the Speaker of the United States House of Representatives and
the members of the Michigan congressional delegation.
The question being on the adoption of
the resolution,
The resolution was adopted by a
unanimous standing vote of the Senate.
The motion
prevailed, a majority of the members serving voting therefor.
The motion prevailed.
Senator Santana’s statement is as
follows:
Colleagues, I rise today in honor
of John David Dingell—better known simply as the “Dean”—who proudly served the
people of the great state and my district for almost 30 terms—or 60 years.
It’s hard to find words to
express what so many have already expressed before me about the Dean. However,
as I sat in the pews at Divine Child Catholic Church and I looked at my
daughter Sofia, my role as a Senator—a public servant—became just a little clearer.
I began to think about the life that the congressman led and his character as
individual. He was genuine. He was humble. He was a man of valor who used his
time on Earth to serve others. He was a mentor to many elected officials,
including my husband, Harvey, who found himself in a tough predicament here in
Lansing—should I toe the party line? Or should Harvey Santana faithfully
execute the duties of his office and serve the people of his district? The Dean
told Harvey, “Listen, it’s not easy to travel the middle road. As you drive to
Lansing, think about if you always drive to the left, you can’t get help. If
you always drive to the right lane, you might find yourself in a ditch. But if
you travel the middle lane, that’s where the decisions get made.”
As we cherish the legacy, the
service, and the endless contributions of John Dingell to our country and to
our collective history, we must remember the choices he made to change history
for the people. We should remember that times where he made the right decision
for people, even if it wasn’t the status quo in Washington. John Dingell’s
footsteps are imprinted in the history books like the footprints imprinted in
the sand. But unlike the tides that sweep away the footprints on the beach and
memories of old, John’s memories will remain standing throughout time.
We will
forever be indebted to the Dean’s service and commitment to the people of
Michigan and this nation. I believe that John has joined our forefathers in
heaven where they happily watch every chamber, every Capitol, and every state
to see what we, the elected officials, will do to bring real change to the
people who we serve. This great depends on our leadership, and John Dingell’s
legacy of leadership has taught us all that, if nothing else.
I want to thank John Dingell’s
family for sacrificing so much for the common good of our state and our nation,
and for sharing John with us for so many wonderful years. I want to extend my
condolences to Congresswoman Dingell, who will carry the torch and continue to
be the voice for all Michiganders.
A moment of silence was observed
in memory of John David Dingell, Jr., former member of the United States House
of Representatives.
Senator Stamas’ statement is as
follows:
I wanted to take a quick moment to say
a few words about Congressman Dingell and take a moment to appreciate my
opportunity to meet the good Congressman.
I was at a Tigers game and was politely
introduced to the Congressman. He informed me that his party was going to kick
my party’s butt in the coming fall, and I offered up a box of Kleenex when the
fall season had come through. We went on to have a 20-minute conversation, and
in that conversation I had the opportunity to learn that we actually went to
basic training in the same place—Fort Benning, Georgia, Harmony Church. There
were 38 years’ difference in that time period.
From that time, I had the opportunity
to meet with him multiple times, and he always remembered the conversation, was
always a true gentleman, and carried on the conversations. I truly appreciated
it. I just wanted to rise to acknowledge a true statesman whom we’ve lost. May
his memory be eternal.
Senate
Resolution No. 15.
A resolution to urge the federal government to
provide durable, permanent, and meaningful security at our nation’s borders.
Whereas, The integrity of our nation’s borders
is essential to peace, order, and stability. Without borders, a country cannot
exist; and
Whereas, The extensive length of our borders
and the status of our nation create challenges in maintaining the integrity of
our borders. The United States has approximately 6,900 miles of inland
border—1,900 along the Mexican border and 5,000 along the Canadian border—and
95,000 miles of shoreline. Our strong economy, quality of life, and leadership
in the world make the United States both a desired destination for immigrants seeking better opportunities and a
target for people seeking to exploit or harm our way of life; and
Whereas, Border threats and security are not
limited to our country’s southern borders. There were 18 joint operations along
our northern border in 2017, and 24 projected for 2018, to ensure legal trade
and travel, while mitigating border security threats, including illicit
activity by criminal organizations. In Michigan, there are 13 sensors covering
35 miles of the St. Clair River to monitor border activity; and
Whereas, Structures along
our border, in concert with other efforts, are an effective and demonstrated
deterrent to illegal border crossings and the crime, drugs, and smuggling
associated with those crossings. In some areas where these structures have been
built, there has been a 91 percent reduction in apprehensions, a far larger
drop than in areas without structures, as well as a drop in nearby criminal
activity. These structures will continue to be a deterrent for years to come,
and the construction of structures is a vital component of future border
security; and
Whereas, Current funding levels are not
adequate to take the actions needed to secure our borders; and
Whereas, The dedicated men and women tasked
with protecting our borders need our full support. Every day, they work
tirelessly to facilitate lawful travel, trade, and immigration while preventing
terrorists and terrorist weapons, illegal
aliens, smugglers, and narcotics from moving across our borders; now,
therefore, be it
Resolved by the Senate,
That we urge the federal government to fund border security at an appropriate
level to keep our country safe and provide durable, permanent, and meaningful
security at our nation’s borders; and be it further
Resolved, That copies of this resolution be
transmitted to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representatives, and
the members of the Michigan congressional delegation.
Pursuant to rule 3.204, the resolution
was referred to the Committee on Government Operations.
Senator Daley was named co-sponsor of
the resolution.
Senators MacGregor and Daley offered
the following resolution:
Senate
Resolution No. 16.
A resolution to request an opinion of the
Supreme Court of the state of Michigan pursuant to Article III, Section 8 of
the Constitution of the State of Michigan
of 1963.
Whereas, On July 30, 2018, the Department of
State submitted to the Michigan Legislature a legislative initiative petition,
an initiation of legislation to enact the “Earned Sick Time Act,” for
consideration under Article II, Section 9 of the Constitution of the State of Michigan of 1963; and
Whereas, On August 27, 2018, the Department of
State submitted to the Michigan Legislature a legislative initiative petition,
an initiation of legislation to enact the “Improved Workforce Opportunity Wage
Act,” for consideration under Article II, Section 9 of the Constitution of the State of Michigan of 1963; and
Whereas, On September 5, 2018, the Senate and
House of Representatives adopted the legislative initiative petition to enact
into law the “Improved Workforce Opportunity Wage Act,” which was subsequently
assigned Public Act 337 of 2018, and will not take effect until March 29, 2019;
and
Whereas, On September 5, 2018, the Senate and
House of Representatives adopted the legislative initiative petition to enact
into law the “Earned Sick Time Act,” which was subsequently assigned Public Act
338 of 2018, and will not take effect until March 29, 2019; and
Whereas, On November 8, 2018, Senate Bill No.
1171 was introduced to amend the “Improved Workforce Opportunity Wage Act”
created under Public Act 337 of 2018; and
Whereas, On November 8, 2018, Senate Bill No.
1175 was introduced to amend the “Earned Sick Time Act” created under Public
Act 338 of 2018; and
Whereas, Senate Bill No. 1171 and Senate Bill
No. 1175 of the 2018 Regular Session of the Legislature were signed into law by
Governor Rick Snyder on December 13, 2018, as Public Act 368 of 2018 and Public
Act 369 of 2018, respectively, and will not take effect until March 29, 2019;
and
Whereas, On February 13, 2019, a request for a
formal opinion was submitted to the Attorney General regarding the
constitutionality of Public Act 368 of 2018 and Public Act 369 of 2018, which
amended legislative initiative petitions enacted by the Legislature during the
same legislative session; and
Whereas, The Senate has
determined that important questions of law exist with respect to the
constitutionality of
Public Act 368 of 2018 and Public Act 369 of 2018; and
Whereas, Article III, Section 8 of the Constitution of the State of Michigan of
1963 states:
Either
house of the legislature or the governor may request the opinion of the supreme
court on important questions of law upon solemn occasions as to the
constitutionality of legislation after it has been enacted into law but before
its effective date.
; now,
therefore, be it
Resolved by the Senate, That the Senate
requests the Supreme Court of the state of Michigan issue an opinion, pursuant
to Article III, Section 8 of the Constitution
of the State of Michigan of 1963, on the following important questions of
law pertaining to Public Act 368 of 2018 and Public Act 369 of 2018:
1. Does Article II, Section 9 of the Constitution of the State of Michigan of
1963 permit the Legislature to enact an initiative petition into law and
then subsequently amend that law during the same legislative session?
2. Were Public Act 368 of 2018 and Public Act 369
of 2018 enacted in accordance with Article II, Section 9 of the Constitution of the State of Michigan of
1963?
; and
be it further
Resolved, That the Senate Majority Leader is
authorized to engage counsel in furtherance of this request for an opinion from
the Supreme Court of the state of Michigan and take all necessary steps
incidental thereto; and be it further
Resolved, That copies of this resolution be
transmitted to the Supreme Court of the state of Michigan.
The question being on the adoption of
the resolution,
Senators Bumstead, Horn, VanderWall and
Victory were named co-sponsors of the resolution.
Announcements
of Printing and Enrollment
Senate Bill Nos. 116
House
Bill Nos. 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216
COMMITTEE
ATTENDANCE REPORT
The
Subcommittee on Natural Resources and Environmental Quality submitted the
following:
Meeting
held on Tuesday, February 19, 2019, at 8:30 a.m., Rooms 402 and 403, Capitol Building
Present:
Senators Bumstead (C), Outman, Victory, McCann and Bayer
COMMITTEE
ATTENDANCE REPORT
The
Committee on Environmental Quality submitted the following:
Meeting
held on Tuesday, February 19, 2019, at 1:00 p.m., Room 1200, Binsfeld Office Building
Present:
Senators Outman (C), Daley, Johnson, VanderWall, McBroom, Bayer and Brinks
COMMITTEE
ATTENDANCE REPORT
The
Committee on Energy and Technology submitted the following:
Meeting
held on Tuesday, February 19, 2019, at 2:00 p.m., Room 1100, Binsfeld Office
Building
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt,
Barrett, Bumstead, Outman, McCann, Brinks and McMorrow
COMMITTEE
ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Meeting
held on Tuesday, February 19, 2019, at 2:00 p.m., Room 1300, Binsfeld Office
Building
Present:
Senators McBroom (C), Lucido, Theis, MacDonald and Irwin
Scheduled Meetings
Advice and Consent - Wednesday,
February 20, 3:00 p.m., Room 1100, Binsfeld Office Building and Thursday,
February 21, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312
Agriculture and Agriculture and Rural
Development Appropriations Subcommittee -
Thursday, February 28, 3:00 p.m., Room 1300, Binsfeld Office Building (517)
373-5314
Appropriations -
Subcommittees -
Agriculture and
Rural Development and Agriculture - Thursday, February 28, 3:00 p.m., Room 1300,
Binsfeld Office Building (517) 373-2768
Justice and Public Safety - Thursday,
February 28, 1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Licensing and Regulatory Affairs
(LARA)/Department of Insurance and Financial Services (DIFS) - Thursday,
February 21, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-2768
Families, Seniors,
and Veterans - Wednesday, February 20, 4:00 p.m., Rooms 402 and 403,
Capitol Building (517)
373-1721
Finance - Wednesday,
February 20, 12:30 p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Health Policy and
Human Services - Thursday, February 21, 1:00 p.m., Room 1100, Binsfeld Office Building (517)
373-5323
Insurance and
Banking - Wednesday, February 20, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373-5314
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:22 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Thursday, February 21, 2019, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate