No. 84

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, September 11, 2019.

 

10:00 a.m.

 

 

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

 

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

 

 

Alexander用resent Horn用resent Outman用resent

Ananich用resent Irwin用resent Polehanki用resent

Barrett用resent Johnson用resent Runestad用resent

Bayer用resent LaSata用resent Santana用resent

Bizon用resent Lauwers用resent Schmidt用resent

Brinks用resent Lucido用resent Shirkey用resent

Bullock用resent MacDonald用resent Stamas用resent

Bumstead用resent MacGregor用resent Theis用resent

Chang用resent McBroom用resent VanderWall用resent

Daley用resent McCann用resent Victory用resent

Geiss用resent McMorrow用resent Wojno用resent

Hertel用resent Moss用resent Zorn用resent

Hollier用resent Nesbitt用resent


 

Chief Michael O達rian of the Brighton Area Fire Authority of Brighton offered the following invocation:

As we gather today to continue to serve the citizens of this great state, I ask that we pause to remember those who lost their lives during the morning events of September 11, 2001.

At this time during the day, both towers had been hit by hijacked aircraft, as well as the Pentagon; at 9:59 a.m., the South Tower collapsed killing over 800 people; and at 10:03 a.m., the crew and passengers of Flight 93 showed true heroism as they overtook the hijacked cockpit and forced the plane crash in Shanksville, Pennsylvania. That day has shaped our country, our first responders, and our government, and I ask that we pause for a moment of silence in invocation to honor those who died that day and the 343 FDNY firefighters, 60 police officers, EMS, and military who gave their all to save lives and keep us protected.

We come together today to ask for Your continued guidance and strength. We pray for our Senators, that they may have an open mind and a strong heart to serve the citizens of the state. We ask for Your continued protection of our first responders. We ask that You guide our firefighters and paramedics to protect our residents as they respond to emergency medical incidents and home fires. We ask for Your support of our law enforcement and keep them from harm痴 way while working to keep our communities safe. We ask for Your healing hand on those first responders who are still suffering from the mental anguish and the crippling side effects from responding to events on September 11.

As we reflect on the course of that day, we ask that You continue to support the fallen痴 family and that You protect them and support them.

We ask for Your continued support of our military who not only went to war after September 11, but for those who continue to serve and the families that support them.

Finally, Lord, we ask for Your continued guidance for our elected leaders, firefighters, law enforcement, EMS, dispatchers, and the military as they all continue to protect this great country and great state. We ask that You guide us in our mission and provide us with the wisdom to ensure those events do not happen again and that we never forget.

In Your name. Amen.

 

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

 

 

Motions and Communications

 

 

Senator Chang moved that Senator Geiss be temporarily excused from today痴 session.

The motion prevailed.

 

 

The following communication was received and read:

Office of the Senate Majority Leader

September 10, 2019

Pursuant to MCL 390.1665, I am appointing Edward Klobucher, of Hazel Park, to the Hazel Park Promise Zone Authority Board for the term of September 11, 2019 to September 12, 2023.

Sincerely,

Mike Shirkey

16th Senate District

Senate Majority leader

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Office of Senator Rosemary Bayer

September 5, 2019

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 498 introduced by Senator Moss on September 4, 2019.

 

September 5, 2019

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 499 introduced by Senator Alexander on September 4, 2019.

September 5, 2019

Per Senate Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate Bill 500 introduced by Senator Brinks on September 4, 2019.

Sincerely,

Rosemary K. Bayer

12th Senate District

State Senator

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Rick Outman

September 10, 2019

I respectfully request that my name be added as a co-sponsor to Senate Bill 455, introduced by Senator Stamas.

If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.

Sincerely,

Rick Outman

State Senator

33rd District

The communication was referred to the Secretary for record.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator Santana as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4446, entitled

A bill to amend 1976 PA 388, entitled 溺ichigan campaign finance act, by amending sections 4, 5, 6, 9, 12, 21, 24, 26, 34, 35, 41, 51, 54, and 55 (MCL 169.204, 169.205, 169.206, 169.209, 169.212, 169.221, 169.224, 169.226, 169.234, 169.235, 169.241, 169.251, 169.254, and 169.255), sections 4, 9, 24, 26, 35, 51, 54, and 55 as amended by 2017 PA 119, sections 5 and 41 as amended by 1999 PA 237, section 6 as amended by 2018 PA 607, section 12 as amended by 2001 PA 250, section 21 as amended by 2015 PA 269, and section 34 as amended by 2012 PA 277.

Substitute (S-2)

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

 

 

Senator MacGregor moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 30

Senate Resolution No. 38

Senate Resolution No. 49

The motion prevailed.

 

 

Senator Johnson offered the following resolution:

Senate Resolution No. 74.

A resolution to commemorate September 11-17, 2019, as Michigan Patriot Week.

Whereas, The Michigan Legislature recognizes that understanding American history and our First Principles is indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001 attacks, the Legislature also acknowledges that American citizens must take time to honor the First Principles, its founders, our founding documents, and the symbols of their history; and

Whereas, The events surrounding the Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, not only have significance for every American, but are also honored in public schools across the nation on September 17th of each year, which is known as Constitution Day; and

Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the First Principles upon which America was founded and flourishes; and

Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States of America; and

Whereas, Key documents that embody America痴 First Principles and have advanced American liberty include the Declaration of Independence, the Constitution, the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the 的 Have a Dream speech; and

Whereas, The Bennington flag, the original Betsy Ross American flag, current American flag, Suffragist flag, Fort Sumter flag, Gadsden flag, United States Honor flag, and flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by every citizen; and

Whereas, We recognize that each generation needs to renew the spirit of America based on these First Principles, our historical figures, founding documents, and the symbols of America; and

Whereas, Citizens, schools, other educational institutions, government agencies, municipalities, as well as nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week so that all may offer the reverence that is due to our free republic; now, therefore, be it

Resolved by the Senate, That we commemorate September 11-17, 2019, as Michigan Patriot Week which symbolically begins on September 11th and concludes on September 17th which is Constitution Day.

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

Senator MacGregor moved that the rule be suspended.

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

The resolution was adopted.

Senators Bullock, Horn, Lucido, MacDonald, Moss, Polehanki and Santana were named co-sponsors of the resolution.

 

The President, Lieutenant Governor Gilchrist, assumed the Chair.

 

 

Introduction and Referral of Bills

 

 

Senator Theis introduced

Senate Bill No. 506, entitled

A bill to amend 1969 PA 317, entitled 展orker痴 disability compensation act of 1969, by amending section 621 (MCL 418.621), as amended by 1994 PA 271.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senators Moss, Bayer, Polehanki, McMorrow, Geiss, Irwin, Chang and Alexander introduced

Senate Bill No. 507, entitled

A bill to amend 2013 PA 240, entitled 溺ichigan state capitol historic site act, by amending section 6 (MCL 4.1946).

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

 

 

Senators Bayer, Wojno, Irwin, Bullock, Polehanki, McMorrow, Hertel, Brinks, Ananich and Santana introduced

Senate Bill No. 508, entitled

A bill to amend 1998 PA 58, entitled 溺ichigan liquor control code of 1998, by amending section 521 (MCL 436.1521), as amended by 2006 PA 502.

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

Senators Geiss, Wojno, Bullock, Hertel, Chang, Alexander, Bayer, Brinks, McMorrow, Moss, Irwin, Santana and Hollier introduced

Senate Bill No. 509, entitled

A bill to amend 1976 PA 451, entitled 典he revised school code, (MCL 380.1 to 380.1852) by adding section 1705.

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

 

 

House Bill No. 4126, entitled

A bill to amend 2018 IL 1, entitled 溺ichigan regulation and taxation of marihuana act, by amending section 8 (MCL 333.27958).

The House of Representatives has passed the bill by a 3/4 vote and ordered that it be given immediate effect.

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

 

 

House Bill No. 4127, entitled

A bill to amend 2016 PA 281, entitled 溺edical marihuana facilities licensing act, by amending section 206 (MCL 333.27206), as amended by 2018 PA 648.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4485, entitled

A bill to amend 2001 PA 142, entitled 溺ichigan memorial highway act, (MCL 250.1001 to 250.2080) by adding section 1081.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4572, entitled

A bill to amend 2001 PA 142, entitled 溺ichigan memorial highway act, (MCL 250.1001 to 250.2081) by adding section 1091.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4611, entitled

A bill to amend 2001 PA 142, entitled 溺ichigan memorial highway act, (MCL 250.1001 to 250.2081) by adding section 1089.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

Recess

 

 

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

The motion prevailed, the time being 10:21 a.m.

 

10:36 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senator Geiss entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 169, entitled

A bill to amend 2001 PA 142, entitled 溺ichigan memorial highway act, (MCL 250.1001 to 250.2080) by adding section 1084.

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:

 

 

Roll Call No. 196 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 362, entitled

A bill to amend 1939 PA 280, entitled 典he social welfare act, by amending section 107b (MCL 400.107b), as added by 2018 PA 208.

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:

Roll Call No. 197 Yeas38

 

 

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

 

 

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

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. 343

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 343, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 2705 (MCL 333.2705), as amended by 2016 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. 198 Yeas38

 

 

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

Nays0

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Hollier and Barrett asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hollier痴 statement is as follows:

I壇 like to talk a little bit about 9/11 and the experience that I had. 18 years ago, I was a high school sophomore with the largest concern being football and whether or not I was going to start that week. But that all changed as I walked into a classroom and I saw the biggest fire I had ever seen, which for me is always very personal because my dad was a firefighter and on big fires like that my dad was absolutely going to be there.

Very quickly I realized that that was not in Detroit, as people were talking about what was happening as my class was watching and viewing something that would always change our lives. I started to think about it. I thought about what my dad would have been doing, how different that would be if that were in Detroit, but it was in New York. We watched live as planes crashed into the towers. We watched them fall. Like many of you, I had no idea how to process that kind of information. I had no idea how to deal with it. But it wasn稚 the first time I had had to deal with terrorism as a young child. My family is from Oklahoma and in 1995 we happened to be in Oklahoma visiting my great uncle just outside of Oklahoma City, and all morning and all weekend I had been trying to convince my parents that we really needed to go to Oklahoma City. I guess, luckily for us, we didn稚, because at the time anyone with Michigan plates was being viewed very strangely because the people who perpetrated the, at the time, largest domestic terrorist event, were Michigan residents. 168 people were killed there at the federal building, but 2,977 were killed on 9/11. Not to mention the 10,000 first responders who responded, to this day, are still dealing with and grappling with the effects.

For many of us, we often think about 9/11 and as generations change we don稚 often think about how quickly and how impactful it was for every single one of us. My aunt was late for work that day and the reason she was late was because she missed her train. And so as she was walking up out of the subway, the tower that she worked in, where a majority of her colleagues died, was falling. But she was okay because she overslept傭ecause she missed the train. One of my college roommates, her aunt has framed over her mantel a copy of her ticket from the flight on 9/11. She missed her flight.

Every day we deal with these very small things that make a difference. But we also represent a generation that raised their right hand and enlisted. My best friend enlisted at 17 with his mother痴 permission because he wanted to make a difference. And so he raised his right hand and promised揺e swore葉o 都upport and defend the Constitution of the United States against all enemies, foreign and domestic and that he 努ould bear true faith and allegiance to the same; that he would 登bey the orders of the President of the United States and the orders of officers appointed over him, so help him God. And in direct response to these terrorist attacks.

But it has been incredibly costly. The wars in Afghanistan and Pakistan have cost the lives of more than 480,000 people directly. That means killed from a bomb or bullet; not from disease, not from famine, and not from any of the other things that have impacted. The 10,000 first responders and their families are still grappling with disease, cancer, and all kinds of things that we have to reconcile with. And the reason I bring that up is because we have more than 1,000 soldiers in the Michigan Army National Guard and airmen who are deployed at this moment, defending us, standing in the gap. Over the next couple months you will say 鍍hank you for their services. But for the firefighters and the police officers who every day run into these buildings and respond to these issues, very few people will say 鍍hank you.

And so, as you think about this today and as you think about how you remember 9/11, I hope you remember all the people who every day are responding to the worst day that we could ever think about; to all these things, and to think about how they continue to impact us, because we represent a generation of people who have committed themselves to dealing with this as we now approach the longest war in our history.

 

Senator Barrett痴 statement is as follows:

I want to just give some remarks today of course because of the anniversary we池e facing today of September 11. I appreciate my colleague痴 remarks as well. We have a similar life experience that we致e chosen to follow down this path.

I was a young private over in Korea on the side of a mountain doing field artillery training when we learned of the attacks here domestically. It was actually September 12 when we were aware of what had happened because of the incredible time zone difference between our two countries. I woke up that morning and hear a lot of radio chatter across our communication network and I asked my squad leader, 展hat are they talking about? He said, 泥on稚 worry. The Army is giving us a training scenario for this exercise we池e involved in. It痴 just part of that. I said, 展ell, they池e talking about the Pentagon getting bombed and the World Trade Center collapsing and thousands of people dead. That seems awfully far-fetched. He said, 添eah, I think so, but it痴 what the Army came up with. Literally it wasn稚 for several more hours until we actually learned of the truth of what had happened with 9/11, and everything changed after that.

Today, 18 years later, I知 reflecting on this. It makes me really conscious of the fact that literally starting today, on September 11, 2019, a legal adult can now enlist in the military of the United States, take an oath, and serve their country, and be born after the attacks of 9/11, and yet we are still today involved in conflict in Afghanistan and in countless other places around the world. I kind of view this a bit like a chronic medical condition where you can deal with the effects but you can稚 ever seem to cure the disease. That seems to be what our country is grappling with in regards to terrorism today and in conflicts we池e facing around the world.

Today especially, if we can try not to just let this day go by as another anniversary, another day of 双h yeah, that happened a long time ago, we致e done this 17 times to remember this. Today I think is a milestone change and I致e seen it with younger and younger and younger soldiers coming into our ranks, that we致e hit a point just a few years ago where young soldiers coming in couldn稚 even remember 9/11 because they didn稚 yet have the cognitive ability to remember things as a very young child. Now, starting today, we値l have young people coming in who weren稚 even born at the time of the attacks, and yet they volunteer to serve. They致e known nothing in their life but our country being at war in one way or another. I don稚 want that to be diminished and would appreciate my colleagues attention to that.

 

A moment of silence was observed in remembrance of the 18th anniversary of the terrorist attacks of September 11, 2001.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, September 10:

House Bill Nos. 4126 4127 4485 4572 4611

 

The Secretary announced that the following bills and resolutions were printed and filed on Tuesday, September 10 and are available on the Michigan Legislature website:

Senate Bill Nos. 497 498 499 500 501 502 503 504 505

Senate Resolution Nos. 72 73

House Bill Nos. 4925 4926 4927 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937 4938

 

 

Scheduled Meetings

 

 

Advice and Consent - Thursday, September 12, 12:00 noon, Room 1300, Binsfeld Office Building (517) 373-5312

 

Conference Committees -

 

Community Colleges (SB 134) - Thursday, September 12, 3:00 p.m., Room 352, House Appropriュations Room, Capitol Building (517) 373-2768

Environment, Great Lakes, and Energy (SB 137) - Thursday, September 12, 2:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

General Government (SB 138) - Thursday, September 19, 3:45 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Health and Human Services (SB 139) - Thursday, September 19, 4:00 p.m., Harry T. Gast Appropriュations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Insurance and Financial Services (SB 141) - Thursday, September 19, 3:30 p.m., Harry T. Gast Approュpriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Military and Veterans Affairs (SB 144) - Thursday, September 19, 2:45 p.m., Room 352, House Appropriations Room, Capitol Building (517) 373-2768

 

State Police (SB 147) - Thursday, September 12, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Transportation (SB 149) - Thursday, September 19, 4:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

Criminal Justice Policy Commission - Wednesday, September 18, 9:00 a.m., Room 7900, Binsfeld Office Building (517) 373-0212

 

Economic and Small Business Development - Thursday, September 12, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-1721

 

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

 

Judiciary and Public Safety - Thursday, September 12, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 10:54 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, September 12, 2019, at 10:00 a.m.

 

 

MARGARET O達RIEN

Secretary of the Senate