STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, February
13, 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—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
Reverend
Richard Kinnamon of Twelve Stones Church of Holly offered the following
invocation:
Lord God,
we come before You and bring before You this group today.
In Micah
6, You tell us what You desire of each of us—to love mercy, to act justly, and
to walk humbly with You. We pray, Lord God, that today this group may act
justly, bring justice and lay out orderly decisions for our society; love
mercy, to present the best interests, Lord God, for all of the citizens within
our great state of Michigan; and walk humbly, walk humbly with each other, Lord
God, be gracious to one another, and, Lord God, to be humbled in Your sight.
In the
name of our Lord, Jesus Christ, we pray today. Amen.
The President pro tempore, Senator Nesbitt, led the members of the
Senate in recital of the Pledge of
Allegiance.
The President, Lieutenant Governor
Gilchrist, assumed the Chair.
Motions and Communications
Senators Schmidt and Geiss entered the
Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senator
VanderWall offered the following resolution:
Senate Resolution No. 12.
A resolution to urge the United States
Department of Agriculture’s Forest Service to reverse its recent order banning
the use of alcohol on and within 200 feet of the shoreline of the National Wild
and Scenic River sections of the AuSable, Manistee, and Pine rivers.
Whereas, Over 12,000 miles of rivers and
streams are protected by the federal Wild and Scenic Rivers Act. These waters
are considered to have remarkable scenic, recreational, geologic, fish and
wildlife, or other similar values and are managed to provide a wide range of
recreational opportunities to the public. Three of Michigan’s designated
National and Wild Scenic Rivers are located in the Huron-Manistee National
Forest and managed by the National Forest Service (NFS); and
Whereas, The NFS recently banned the use of
alcohol within 200 feet of the water and on all sections of the AuSable,
Manistee, and Pine rivers located within the national forest. The NFS states
that pollution related to drinking and disruption of fish and wildlife habitat
are the reasons for the ban; and
Whereas, The federal ban is overreaching and
redundant. Current Michigan law governs river health, boater safety, and
littering of our waterways. Additionally, current NFS policy suggests a limited
number of canned beverages per river user. The problem is not drinking on these
waters, but the proper disposal of containers and irresponsible use. Rather
than ban a legal, adult activity, the federal government should allow Michigan
to enforce our laws; and
Whereas, The federal action will hurt Michigan
tourism. Many Michigan residents and visitors from other states enjoy a
leisurely paddle on the waters of this state and contribute more than $140
million to Michigan’s economy. A ban on alcohol will detract from this
experience for many paddlers who may then find a different way to spend a hot
Michigan summer’s day than on the water; now, therefore, be it
Resolved by the Senate, That we urge the
United States Department of Agriculture’s Forest Service to reverse its recent
order banning the use of alcohol on and within 200 feet of the shoreline of the
National Wild and Scenic River sections of the AuSable, Manistee, and Pine
rivers; and be it further
Resolved, That copies of this resolution be
transmitted to the United States Secretary of Agriculture, 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.
Senator MacGregor moved that the
resolution be referred to the Committee on Natural Resources.
The motion prevailed.
Senators
Horn, Lauwers, Lucido, Schmidt and Wojno were named co-sponsors of the
resolution.
Senator MacGregor offered the following resolution:
Senate
Resolution No. 13.
A resolution to recognize
February 2019 as “School-Based Health Care Awareness Month”.
Whereas,
Michigan’s school-based and school-linked health centers (also known as child
and adolescent health centers) have been delivering comprehensive primary
healthcare, mental healthcare, and prevention services for over 30 years; and
Whereas,
There are over 125 school-based and school-linked health centers and programs
in the state of Michigan delivering a range of primary, preventive, early
intervention, and mental health services to children and youth of all grade
levels in urban, rural, and suburban schools across the state; and
Whereas,
Children and youth served by school-based and school-linked health centers show
improved rates of school attendance, enhanced scores on standardized tests,
less absenteeism due to illness, and increased immunization rates, while having
their wellness and healthcare needs addressed; and
Whereas, School-Based Health Care Awareness Month is a time to
acknowledge the commitment and passion that school-based health center staff
and parent/guardians show for all Michigan children and youth; and
Whereas,
We also recognize the critical role these individuals play in improving the
health and well-being of all Michigan children; now, therefore, be it
Resolved
by the Senate, That the members of this legislative body recognize February
2019 as “School-Based Health Care Awareness Month”.
Senator
MacGregor moved that the rule be suspended.
The motion
prevailed, a majority of the members serving voting therefor.
Senators Alexander, Ananich, Bizon, Brinks, Chang,
Hollier, Horn, Lucido, MacDonald, Polehanki, Schmidt and Wojno were named co-sponsors
of the resolution.
Introduction
and Referral of Bills
Senator Lucido introduced
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1927 PA 175, entitled “The code of
criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as
amended by 2016 PA 88.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1998 PA 386, entitled “Estates and
protected individuals code,” by amending section 5306 (MCL 700.5306), as
amended by 2004 PA 532.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1978 PA 368, entitled “Public health
code,” by amending sections 16211, 16222, 16231, 16235, 16238, 16244, 16648,
16911, 18117, 18237, 18513, 20175, and 21515 (MCL 333.16211, 333.16222,
333.16231, 333.16235, 333.16238, 333.16244, 333.16648, 333.16911, 333.18117,
333.18237, 333.18513, 333.20175, and 333.21515), sections 16211 and 16235 as
amended and section 16238 as added by 1993 PA 79, section 16222 as amended
by 2014 PA 97, section 16231 as amended by 2017 PA 249, section 16244 as
amended by 1993 PA 87, section 16648 as amended by 2004 PA 401, section 16911
as added by 1995 PA 126, sections 18117 and 18237 as amended by 1998 PA
496, section 18513 as amended by 2004 PA 61, and section 20175 as amended by
2006 PA 481.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 2918 (MCL 600.2918), as amended by
2014 PA 223.
The
bill was read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senator Ananich introduced
A bill to amend 1979 PA 94, entitled “The state school
aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2018 PA
586.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
By
unanimous consent the Senate returned to the order of
Third Reading of Bills
The following bill was read a third
time:
Senate Bill No. 2, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 7523 (MCL 333.7523), as
amended by 2016 PA 418, and by adding section 7521a.
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. 5 Yeas—36
Alexander Daley MacDonald Runestad
Ananich Geiss MacGregor Santana
Barrett Hertel McBroom Schmidt
Bayer Hollier McCann Shirkey
Bizon Horn McMorrow Stamas
Brinks Irwin Moss Theis
Bullock Johnson Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Zorn
Nays—2
LaSata Wojno
Excused—0
Not
Voting—0
In The Chair: President
The Senate agreed to the title of the
bill.
Announcements of Printing and Enrollment
The
Secretary announced that the following bills were printed and filed on Tuesday,
February 12, and are available on the Michigan Legislature website:
Scheduled Meetings
Advice and Consent - Wednesday, Thursday, February 14, 12:00 noon, Room 1200, Binsfeld Office
Building (517) 373-5312
Appropriations -
Subcommittees -
Justice
and Public Safety - Thursdays, February 14 and 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
Natural
Resources and Environmental Quality - Tuesday, February 19, 8:30 a.m.,
Rooms 402 and 403, Capitol Building (517) 373-2768
Health Policy
and Human Services - Thursday, February
14, 1:30 p.m., Room 1100, Binsfeld Office Building (517) 373-5323
Judiciary and
Public Safety - Thursday, February 14, 9:15 a.m.
EST, Room 1100, Binsfeld Office Building
Remote Access: Dickinson County, 41st Circuit Court, 705
S. Stephenson Avenue, Iron Mountain (517) 373-5312
Oversight - Thursday,
February 14, 8:30 a.m., Room 1300, Binsfeld Office Building (517) 373-5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:15 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Thursday, February 14, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate