STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Thursday, February 13, 2020.
10:00 a.m.
The Senate was called to order by the
President, Lieutenant Governor Garlin D. Gilchrist II.
The roll
was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—excused 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—excused Nesbitt—present
Pastor Chad Minkler of Charis New Testament
Church of Vassar offered the following invocation:
Father, we welcome Your Spirit into this place
today, and as we come to You I can’t help but be put in remembrance of the
words of Jesus Christ, when he taught us to pray: “Thy Kingdom come, Thy will
be done on earth as it is in heaven.” As servants of the great state of
Michigan, help us to understand that we have been given a great responsibility
to be instruments of Your good, fulfilling Your will of bringing heaven to
earth. We ask for Your divine wisdom, for we are not so proud to believe that
the answers to our greatest problems lie in the plans of men and women, but
come from above. As we humble ourselves and submit to Your ways, we ask that
Michigan would rise up as a standard in the United States, of government done
rightly. That we would be a government that promotes and safeguards liberty to
its citizens and empowers its people to rise to their full potential.
Bless these men and women with wisdom,
creative ideas and vision, giving foresight into the future. May they aid the
business of Michigan to prosper and serve our great state, producing revenue
and opportunities greater than ever before. We thank You, God, for the gift of
work, which enables us to provide for ourselves and others through our God
given creativity and means of being productive. God, You are mighty to save and
history tells us that one of the pillars of any great society is healthy,
strong families. We thank You for the design of family—the beautiful
relationships of husband, wife, parent, child, and siblings. They display Your
nature and fulfill some of our deepest longings for intimacy and communion. May
we do everything in our power to strengthen and protect Your design; for in
doing so, we strengthen our homes, communities and this great state. Father,
give us the boldness to be champions of life, from conception into old age, for
we all are fearfully and wonderfully made; a gift from heaven, and are the
crown jewel of Your creation.
God, we thank You for these leaders of our
great state, and ask that You bless them as they serve the people of Michigan
with integrity, honor, courage, and strength.
In Jesus’ name. Amen.
The President, Lieutenant
Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Senator MacGregor moved that when the Senate adjourns
today, it stand adjourned until Friday, February 14, 2020, at 10:00 a.m.
The motion prevailed.
Motions and Communications
Senator MacGregor moved that Senator Barrett be excused from today’s
session.
The motion prevailed.
Senator Chang moved that Senator Hollier be excused from today’s
session.
The motion prevailed.
The
following communication was received and read:
Office of the Senate Majority Leader
February 13, 2020
Session and all committees were canceled for
Wednesday, February 12, 2020 due to buildings throughout downtown Lansing not
having heat. The heating failure included the State Capitol, the Binsfeld
Office Building and Boji Tower. In coordination with
the Governor’s office and the Michigan House of Representatives, the Michigan
Senate closed.
If you have any questions regarding this
matter, please do not hesitate to contact me.
Sincerely,
Mike
Shirkey
Senate
Majority Leader
Michigan’s
16th Senate District
The communication was referred to the Secretary for record.
The
following communication was received:
Office of Senator Rosemary Bayer
February 11, 2020
Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor
to Senate Bill 764 introduced by Senator Lana Theis on February 4, 2020.
Sincerely,
Rosemary
K. Bayer
12th
Senate District
State
Senator
The communication was referred to the Secretary for record.
Recess
Senator MacGregor moved that the Senate recess
until 10:30 a.m.
The motion prevailed, the time being 10:06
a.m.
Recess
Senator MacGregor moved that the Senate recess
until 10:45 a.m.
The motion prevailed, the time being 10:31
a.m.
Recess
Senator MacGregor moved that the Senate recess
until 11:00 a.m.
The motion prevailed, the time being 10:46
a.m.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President,
Lieutenant Governor Gilchrist, designated Senator Santana as Chairperson.
After some time spent therein, the Committee
arose; and the President, Lieutenant Governor Gilchrist, having resumed the
Chair, the Committee reported back to the Senate, favorably and without
amendment, the following bills:
House Bill No. 4444, entitled
A bill to amend 1976 PA 442, entitled “Freedom
of information act,” by amending section 11 (MCL 15.241), as amended by 2014 PA
563.
House Bill No. 4445, entitled
A bill to amend 1976 PA 442, entitled “Freedom
of information act,” by amending section 4 (MCL 15.234), as amended by 2018 PA
523.
A bill to amend 1976 PA 442, entitled “Freedom
of information act,” by amending section 5 (MCL 15.235), as amended by 2018 PA
105.
Senate Bill No. 345, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 20a (MCL 257.20a), as amended by 2012 PA
239, and by adding sections 20b and 30d.
Senate Bill No. 346, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 6311 and 6512
(MCL 324.6311 and 324.6512), as added by 1995 PA 60.
House Bill No. 4830, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 20161 (MCL 333.20161), as amended by 2018 PA
245.
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.
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.
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.
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.
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.
The bills were placed on the order of Third Reading of Bills.
Senate Bill No. 344, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 216, 217i, 802, and 803a (MCL 257.216,
257.217i, 257.802, and 257.803a), section 216 as amended by 2009 PA 32, section 217i
as added by 2018 PA 680, section 802 as amended by 2016 PA 425, and section
803a as amended by 1996 PA 404, and by adding section 803s.
Substitute (S-1)
The Senate agreed to the substitute
recommended by the Committee of the Whole, and the bill as substituted was
placed on the order of Third Reading of Bills.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senate
Resolution No. 99.
A
resolution to memorialize the Congress of the United States to enact
legislation to fully fund the Individuals with Disabilities Education Act
(IDEA).
Whereas,
Children with disabilities deserve quality education to develop skills so they
can fully participate in social, economic, and political life. However, these
children face significant barriers to education and are more likely to be out
of school. Ensuring access to education is the best way to help children with
disabilities realize their full potential; and
Whereas,
Congress has established that equal access to education for students with
disabilities is an essential element of our national policy by passing the
Individuals with Disabilities Education Act (IDEA). Congress states in the law
that disability is a natural part of the human experience, and the IDEA is
meant to ensure equality of opportunity and economic self-sufficiency for all
individuals with disabilities; and
Whereas,
While the IDEA has resulted in increased access to education for millions of
students, the Act remains dangerously underfunded. In the original 1975
legislation, Congress promised to cover 40 percent of the extra cost of special
education services required by the Act. However, the federal government is
currently covering only 14.6 percent of the cost, despite a 25 percent increase
in the number of students served; and
Whereas,
The IDEA Full Funding Act (S. 866) would fully fund the IDEA at the 40 percent
level that was originally promised. Passage of this legislation would ensure
that the federal government is paying for its fair share of the cost of special
education services and would alleviate the financial burden on individual
school districts; and
Whereas,
Students and teachers suffer when Congress fails to live up to its funding
commitment. School districts are forced to cover the costs with a scarcity of
resources and must sometimes divert funds away from other programs that serve
all students. In addition, school districts have less funding for teacher
salaries and classroom resources, making it more difficult to recruit and retain
high-quality teachers; now, therefore, be it
Resolved
by the Senate, That we memorialize the Congress of the United States to enact
legislation to fully fund the Individuals with Disabilities Education Act so
that children with disabilities have equal access to educational opportunity;
and be it further
Resolved,
That copies of this resolution be transmitted to the President of the United
States Senate, the Speaker of the United States House of Representatives, and
the members of the Michigan congressional delegation.
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on the adoption of the
resolution,
Senator MacGregor moved that the resolution be
referred to the Committee on Appropriations.
The motion prevailed.
Senate
Resolution No. 30
Senate
Resolution No. 38
Senate
Resolution No. 49
The motion prevailed.
Senator MacGregor moved that the Senate proceed to consideration of the
following resolution:
Senate
Resolution No. 97
The motion prevailed.
A resolution to recognize February 2020 as
School-Based Health Care Awareness Month.
(This resolution was offered on Tuesday,
February 4 and consideration postponed until Wednesday, February 12. See Senate
Journal No. 12, p. 136.)
The question being on the adoption of the
resolution,
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. 420
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 420, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 2559, 6002, and 6012 (MCL
600.2559, 600.6002, and 600.6012), section 2559 as amended by 2018 PA 261.
The
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.
44 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—0
Excused—2
Barrett Hollier
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. 4832, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2083) by adding section 18b.
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.
45 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—0
Excused—2
Barrett Hollier
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 consolidate prior acts naming
certain Michigan highways; to provide for the naming of certain highways; to
prescribe certain duties of the state transportation department; and to repeal
acts and parts of acts and certain resolutions,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4689, entitled
A bill to amend 1937 PA 306, entitled “An act
to promote the safety, welfare, and educational interests of the people of the
state of Michigan by regulating the construction, reconstruction, and
remodeling of certain public or private school buildings or additions to such
buildings, by regulating the construction, reconstruction, and remodeling of
buildings leased or acquired for school purposes, and to define the class of
buildings affected by this act; to prescribe the powers and duties of certain
state agencies and officials; to prescribe penalties for the violation of this
act; and to repeal acts and parts of acts,” by amending the title and section
5a (MCL 388.855a), the title as amended by 2002 PA 628 and section 5a as
amended by 2006 PA 199, and by adding section 1d.
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.
46 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—0
Excused—2
Barrett Hollier
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.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4128, entitled
A bill to amend 1939 PA 288, entitled “Probate
code of 1939,” by amending section 1 of chapter XI (MCL 711.1), as amended by
2000 PA 111.
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.
47 Yeas—35
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss MacGregor Santana
Nays—1
Alexander
Excused—2
Barrett Hollier
Not
Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give
the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes
relating to certain aspects of the family division of circuit court, to the
jurisdiction, powers, and duties of the family division of circuit court and
its judges and other officers, to the change of name of adults and children, and
to the adoption of adults and children; to prescribe certain jurisdiction,
powers, and duties of the family division of circuit court and its judges and
other officers; to prescribe the manner and time within which certain actions
and proceedings may be brought in the family division of the circuit court; to
prescribe pleading, evidence, practice, and procedure in certain actions and
proceedings in the family division of circuit court; to provide for appeals
from certain actions in the family division of circuit court; to prescribe the
powers and duties of certain state departments, agencies, and officers; to
provide for certain immunity from liability; and to provide remedies and
penalties,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4152, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 2891 (MCL 333.2891), as amended by 2019 PA
89.
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.
48 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—0
Excused—2
Barrett Hollier
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 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. 4153, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 2803 (MCL 333.2803), as amended by 2012 PA
499.
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.
49 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—0
Excused—2
Barrett Hollier
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 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. 5124, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending sections 78g, 78k, and 78q (MCL 211.78g,
211.78k, and 211.78q), section 78g as amended by 2014 PA 500, section 78k as
amended by 2016 PA 433, and section 78q as amended by 2019 PA 35.
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.
50 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—0
Excused—2
Barrett Hollier
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 provide for the assessment of
rights and interests, including leasehold interests, in property and the levy
and collection of taxes on property, and for the collection of taxes levied;
making those taxes a lien on the property taxed, establishing and continuing
the lien, providing for the sale or forfeiture and conveyance of property
delinquent for taxes, and for the inspection and disposition of lands bid off
to the state and not redeemed or purchased; to provide for the establishment of
a delinquent tax revolving fund and the borrowing of money by counties and the
issuance of notes; to define and limit the jurisdiction of the courts in
proceedings in connection with property delinquent for taxes; to limit the time
within which actions may be brought; to prescribe certain limitations with
respect to rates of taxation; to prescribe certain powers and duties of certain
officers, departments, agencies, and political subdivisions of this state; to
provide for certain reimbursements of certain expenses incurred by units of
local government; to provide penalties for the violation of this act; and to
repeal acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Motions and Communications
Michigan
Natural Resources Commission
Ms. Anna Mitterling, an Independent, of 1165
Harper Road, Mason, Michigan 48854, county of Ingham, succeeding Vicki Pontz whose term expires December 31, 2019, appointed
for a term commencing January 1, 2020 and expiring December 31,
2023.
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 voting therefor, as
follows:
Roll Call No.
51 Yeas—20
Bizon Lauwers Nesbitt Stamas
Daley Lucido Outman Theis
Horn MacDonald Runestad VanderWall
Johnson MacGregor Schmidt Victory
LaSata McBroom Shirkey Zorn
Nays—16
Alexander Bullock Hertel Moss
Ananich Bumstead Irwin Polehanki
Bayer Chang McCann Santana
Brinks Geiss McMorrow Wojno
Excused—2
Barrett Hollier
Not
Voting—0
In The Chair: President
Senator MacGregor moved that the Senate disapprove the appointment.
The question being on the disapproval of the
said appointment to office,
The
Senate disapproved the appointment, a majority of the members serving voting
therefor, as follows:
Roll Call No. 52 Yeas—20
Bizon Lauwers Nesbitt Stamas
Daley Lucido Outman Theis
Horn MacDonald Runestad VanderWall
Johnson MacGregor Schmidt Victory
LaSata McBroom Shirkey Zorn
Nays—16
Alexander Bullock Hertel Moss
Ananich Bumstead Irwin Polehanki
Bayer Chang McCann Santana
Brinks Geiss McMorrow Wojno
Excused—2
Barrett Hollier
Not
Voting—0
In The Chair: President
Protests
Senators Hertel, Moss, Bayer, Polehanki,
McMorrow, Wojno, Irwin, Bullock, McCann, Geiss, Chang, Ananich, Alexander and
Brinks, under their constitutional right of protest (Art. 4, Sec. 18),
protested against the disapproval of the gubernatorial appointment.
Senator Hertel moved that the statement he
made during the discussion of the appointment be printed as his reasons for
voting “no.”
The motion prevailed.
I rise to give my “no” vote explanation to the disapproval of the
appointment of Anna Mitterling to the Natural Resources Commission.
Colleagues, in these insane days—and this day does seem to be insane
right now—I try to look back at the history of this body for guidance. Ken
Sikkema, the former Senate Majority Leader who served before term limits, put
out a statement earlier this year about the history of advice and consent. His
statement is, “it’s not about trying to reject people that you disagree with ideologically,
because the Governor has a right to appoint the people that are ideologically,
philosophically, and politically compatible with her. It’s more about, ‘do
these people have the basic competence? Is there anything in their background
that would disqualify them from this high level of service?’”
Colleagues, on your desk is Anna’s resume. I hope you’ve all taken the
time to actually read it. I’m going to give you some highlights while up here
today. She has a master’s degree from Michigan State University in fisheries
and wildlife. She will literally be the first person ever appointed to this
commission who is an actual scientist when it comes to these issues. As one
member of the other side aisle pointed out to me earlier today, she is actually
overqualified for this position. She has a bachelor’s degree in recreation and
natural resources, focusing on zoology, chemistry, ecology, plant taxonomy,
stream ecology, anatomy, physiology, statistics, physics, communications,
consumer relations, management leadership, organizational behavior, marketing,
microcomputers, and cross-cultural studies in Guatemala. She is certainly
extremely qualified when it comes to an educational background. No one can get
up from the other side of the aisle and stand up and say that she isn’t.
Let’s look at her professional background. She’s an adjunct professor at
Lansing Community College teaching environmental science, so she actually
teaches people environmental science for a living. She worked as the Wildlife
Cooperative Coordinator for the Michigan United Conservation Clubs. She was
part of the Great Lakes Leadership Academy. She was a watershed technician in
the Ingham Conservation District. Again, it would be hard to argue that her
history does not show that she’s qualified.
What about her own personal volunteer work? She’s volunteered with the
Department of Natural Resources lab as a chronic wasting disease technician.
She is a technical director at Journey Life Church. She’s an advisor at the
Blandford Nature Center deer hunt. She’s a hunter. If you went to her
Instagram, you would know that she hunts with young people—she actually brings
young people into hunting—something we desperately need in this state;
something that many of you are always talking about. Go look and what her
actual record is. She’s a youth leader at Real Life, which is a church youth
group. She’s volunteered at a DNR deer check station.
Colleagues, quite frankly, most of you would be lucky to have a resume
like this. Thank God for each of you that no one had to review your resume in
this same way for you to serve in this body. She is obviously qualified. There
is zero question of it and I dare anyone from the other side of the aisle to
get up and actually make an argument that she’s not. It is obvious from any
reasonable indication that she is qualified.
So next we would look at her positions—whether she’s a vegan or that she
is some kind of animal rights activist that would make you be opposed to her.
Well, nothing could be further from the truth. She’s not involved in politics
at all. She hunts herself—there are images on her Instagram of her cleaning a
deer. She is obviously not in that position. And if you looked at the hunting
organizations of this state, she volunteers with our local Pheasants Forever in
my district. I’ve spoken with leaders there from my local Pheasants Forever
chapter and they say that they have a long history of working with her and she
is exactly what we need to get more people engaged and supporting our resources
of hunting.
I then went to a statewide organization. Amy Trotter is the executive
director of the Michigan United Conservation
Clubs. I’m going to read her statement on Ms. Mitterling:
“For a number of years Ms. Mitterling has been an active and engaged member of Michigan’s conservation
community and a volunteer researcher in a professional capacity. From a
personal perspective, she is a hunter, a land owner, a mother, and a wife. In a
state faced with loss of hunting licenses over time, she is exactly the type of
perspective we need on the NRC to bring into the outdoors and ensure that we
have a next generation of conservationists. I would like to underscore her
commitment to science and data collection and analysis. As someone with a
graduate degree in fisheries and wildlife, she understands the basis of
adaptive wildlife management and the collection of both biological and social
data. Not only that, but she also has experience directly working with hunters,
land owners, and cooperatives, and has successfully facilitated groups of
disparate land owners in coming together achieve common goals. Ms. Mitterling
also as a familiarity of the major challenge facing DNR in terms of wildlife
disease. Having personal experience working at a deer check station and
volunteering in the wildlife disease lab. Throughout those engagements, I have
found her to learn what is best for our natural resources by seeking to listen
and understand. The work of the NRC has tremendous impact on Michigan and I
believe Anna has demonstrated her commitment
to science-based natural resource management throughout her time as a
student, educator, and conservation professional. I encourage you to carefully
consider the appointment of Ms. Anna Mitterling to the NRC as she seeks to
continue her service to our natural resources and their betterment for future
generations.”
Again, no one could question her qualifications. No one could question
that most hunting groups have come out to actually support this woman. It’s not
about her not supporting hunting. It’s not about her record. So what is it
about? Colleagues, it’s about something much more sinister. The reality is that
those in the majority are mad about a man and so they are going to take it out
on a qualified woman. What they’re mad about is that George Heartwell, former
mayor of Grand Rapids—who certainly is also qualified by the way—was appointed
and a call came out yesterday to the Governor’s office from the majority’s
office saying that if they were willing to pull back on George—if they were
willing to take George back—that they wouldn’t do this to Anna today. Those are
the facts. A political game, that’s what we’re in the middle of right now.
Everyone in this body knows it. By the way, my understanding is that they didn’t
poll your members before they did that. They decided to use this young woman in
a political game because they don’t like that George said something negative
about guns at a city council meeting because he didn’t want guns in a city
council meeting. And they’re getting pressure from the National Rifle
Association. That’s what this is about. To be clear, I’m not so sure why that
matters about hunting either because unless they are literally in the city
council chambers I’m not sure what that has to do with hunting either.
This is not about this woman’s qualifications. This is nothing other
than a political game that you’re all being asked to be a part of. Just imagine
this: for the rest of her life, when her children go and Google her name; when
future employers go and Google her name—because that’s where we live now, we
should all know that; I’ve seen some interesting things under your Google
results, too—for the rest of her life, it’s going to say “unqualified by the
Michigan Senate.” What a damn shame. How could you possibly morally or
ethically do that to someone, when you know she is qualified. There are zero
questions so to whether she is qualified or not.
Colleagues, I’m not asking you to be grand “profiles in courage” today,
as the book was written about John F. Kennedy. I’m not asking that. I’m
asking for a little bit of courage—an ounce of courage. I understand that it’s
not easy to stand up to your leadership. I get that. I don’t envy your position
there. With that being said, it’s exactly what you were elected to do. Our
job—we all serve the people that sent us here—your job is to do what you think
is right, not be part of some political game. It has nothing to do with this
woman. It is 100 percent unfair what is happening. It is unethical and immoral
to put her in the middle of this political game and I’m asking each of
you—those of you that are on your phone; those of you who are out listening
this second—I’m asking each of you to show an ounce of courage in this body
today and to reject this motion. I’m asking you to do your job—to consider the
actual facts, to read the resume. And if you’re not going to do that, at least
recess for a moment and go talk to her. I’m more than happy to get you on the
phone with her. I’ve asked several of your members, including your leadership,
to do that today. Ask some questions to her. Find out your own opinion. Do not
be led down this political game. Do not put consequences on a qualified woman
because you have problems with a man. It makes no sense.
I ask for you all to consider doing that. Apparently we have a session
day tomorrow. We can come back tomorrow and say “no,” because you were so
afraid that one of us might make a motion. I ask you to take a little bit of
time and not do this right this second to this person that you have literally
nothing but good things in the information in front of you about her—not one
negative thing.
Colleagues, I ask for a “no” vote so that the history of this day and of
this action will be reflected in the Senate record, the dark stain that it is.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 1 of chapter VIII (MCL 768.1).
The bill was read a first and second time by title and
referred to the Committee on Judiciary and Public Safety.
Senate Bill No. 792, entitled
A bill to amend 1992 PA 234, entitled “The judges
retirement act of 1992,” by amending sections 301 and 604 (MCL 38.2301 and
38.2604), section 604 as amended by 2018 PA 335, and by adding sections 509a
and 714a.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Statements
Senator Bayer asked and was
granted unanimous consent to make a statement and moved that the statement be
printed in the Journal.
The motion prevailed.
Senator Bayer’s statement is as
follows:
Today I rise to speak to my
resolution that was introduced yesterday on our steam day to urge Congress to
fully fund the Individuals with Disabilities Education Act, also known as IDEA.
Passed in 1975 and updated in 1997, IDEA is meant to ensure the quality of
opportunity and economic self-sufficiency for all individuals with
disabilities.
While IDEA has increased access
to education for millions of students, the act is dangerously underfunded. In
the original legislation, Congress promised to cover 40 percent of the
additional cost of those special education services that are required by the
act, however the federal government currently is covering only 14.6 percent of
the cost and we’ve seen an increase of 25 percent more students being served.
This means our school districts are spending money out of their general
education fund to cover those costs required by the federal government IDEA.
There’s legislation already introduced in Congress that would ensure the
federal government pay its fair share and would alleviate that financial burden
on individual school districts.
Children
with disabilities deserve a quality education that develops their skills so
they can fully participate in social, economic, and political life. Doing
anything less is shirking our responsibility as elected officials. I hope that
you will join me and a bipartisan group of Senators here today to co-sponsor
this proposed resolution—Senate Resolution No. 99—that will urge Congress to
pass the full funding of the Individuals with Disabilities Act.
Protest
Pursuant to rule 3.506, Senator Alexander
submitted her reasons, in writing, for voting “no” on the passage of House Bill
No. 4128.
Senator Alexander’s
statement is as follows:
I voted “no” on the bill
because I believe that both parental rights should be acknowledged with equal
protections, even if such crimes take place.
Senator MacGregor moved that when the Senate adjourns
today, it stand adjourned until Tuesday, February 18, 2020, at 10:00 a.m.
The motion prevailed.
Announcements
of Printing and Enrollment
The Secretary announced the enrollment
printing and presentation to the Governor on Wednesday, February 12 for her
approval the following bill:
Enrolled
Senate Bill No. 455 at 12:26 p.m.
The Secretary announced that the following
bills were printed and filed on Tuesday, February 11, and are available on the
Michigan Legislature website:
Senate Bill Nos. 788 789 790
House Bill Nos. 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486
Committee Reports
The
Committee on Regulatory Reform reported
Senate
Bill No. 659, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending section 248l (MCL 257.248l), as added by 2018 PA 420.
With
the recommendation that the bill pass.
The committee
further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall and Zorn
Nays:
None
The
bill was referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
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.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting
held on Tuesday, February 11, 2020, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall, Zorn, Moss,
Polehanki and Wojno
COMMITTEE ATTENDANCE REPORT
The Appropriations Subcommittee on
Natural Resources and Environment, Great Lakes, and Energy submitted the
following:
Meeting held on Tuesday, February 11, 2020, at
8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present:
Senators Bumstead (C), Outman, Victory, McCann and Bayer
COMMITTEE ATTENDANCE REPORT
The Committee on Education and Career
Readiness submitted the following:
Meeting held on Tuesday, February 11, 2020, at
12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Theis (C), Horn, Bumstead,
Runestad, Daley, Polehanki and Geiss
COMMITTEE ATTENDANCE REPORT
The
Appropriations Subcommittee on Transportation submitted the following:
Meeting held on Tuesday, February 11, 2020, at
12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present:
Senators Schmidt (C), Victory, MacGregor, MacDonald, Zorn and Bayer
Excused:
Senator Hollier
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology
submitted the following:
Meeting held on Tuesday, February 11, 2020, 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
Appropriations Subcommittee on Labor and Economic Opportunity/MEDC submitted
the following:
Meeting held on Tuesday, February 11, 2020, at
3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present:
Senators Horn (C) and Schmidt
Excused:
Senator Hollier
Scheduled Meetings
Appropriations
- Wednesday, February 19, 2:00 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Subcommittees -
Agriculture and Rural Development - Thursday, February 20, 3:00 p.m., Room 1300,
Binsfeld Office Building (517) 373-2768
Community Health/Human Services - Wednesday, February 19, 12:30 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
General Government - Wednesday, February 19, February 26, March 4,
March 11 and March 18, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Justice and Public Safety - Thursdays, February 20 and February 27, 1:00
p.m., Room 1300, Binsfeld Office Building (517) 373-2768
Labor and Economic Opportunity/MEDC - Tuesdays, February 18, February 25 and March
3, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-2768
Natural Resources and Environment, Great
Lakes, and Energy -
Tuesday, February 18, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Universities and Community Colleges - Thursday, February 27, 3:00 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Energy and Technology - Tuesday,
February 18, 2:00 p.m., Room 1100, Binsfeld Office Building (517) 373-1721
Families, Seniors, and Veterans - Wednesday,
February 19, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-1721
Finance - Thursday,
February 27, 11:00 a.m., Room 1200, Binsfeld Office Building (517) 373-5312
Senator MacGregor moved that the Senate adjourn.
The motion prevailed, the time being 11:57
a.m.
In pursuance of the order previously made, the
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Tuesday, February 18, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate