STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, March 19, 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—excused LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—excused
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—excused
Hollier—present Nesbitt—present
Senator Sylvia Santana of the 3rd
District offered the following invocation:
Dear heavenly Father, we humbly
thank You for allowing us to convene in this Senate Chamber today. We pray,
Lord God, for unity—unity for the people who we represent, unity for us in this
body who represent ten million people across the state of Michigan. We pray,
Lord God, for progress—progress for those who are poor and who are suffering,
Lord God. We pray that the decisions that we make will help them, to uplift
them and, Lord God, for those of us who do have the means to do more, Lord God,
we pray that You will help us to have a giving heart and a giving spirit.
We pray, Lord God, for
understanding—understanding for all of us who pray to You, Lord God, no matter
what or how we pray, what our religious beliefs are. We pray, Lord God, that
You give us understanding, Lord, so that we can continue to move forward and
serve You.
Father, thank You so much for
having this opportunity. I pray, dear heavenly Father, that every decision we
make in this Capitol, that it be for the benefit of the people who You have
given us the ability to lead. Thank You, Lord God, for this Senate. Thank You
for each and every member here, Lord God, let their families be blessed while
they serve the people.
Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senator Lauwers moved that Senators
Schmidt and Zorn be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator Bayer
be excused from today’s session.
The motion prevailed.
The following communications were
received and read:
Office of the Auditor General
March 13, 2019
Enclosed is a copy of the
following report:
• Follow-up report on the performance audit of
Oversight of Health Professions, Bureau of Health Care Services, Department of
Licensing and Regulatory Affairs (641-0430-14F).
March 14, 2019
Enclosed is a copy of the
following report:
• Performance audit report on the Automobile
Theft Prevention Authority, Michigan Department of State Police (551-0108-18).
Sincerely,
Doug
Ringler
Auditor
General
The audit reports were referred
to the Committee on Oversight.
The following communications were
received:
Department of State
Administrative Rules
Notices of Filing
January 4, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-020-LR
(Secretary of State Filing #19-01-11) on this date at 3:36 p.m. for the Department of Licensing and Regulatory Affairs
entitled, “Pharmacy - Controlled Substances.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 4, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-019-LR
(Secretary of State Filing #19-01-12) on this date at 3:36 p.m. for the Department of Licensing and Regulatory Affairs
entitled, “Veterinary Medicine - General Rules.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 4, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-020-LR
(Secretary of State Filing #19-01-13) on this date at 3:36 p.m. for the Department of Licensing and Regulatory Affairs
entitled, “Veterinary Technician Licensure.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 4, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-001-LR
(Secretary of State Filing #19-01-14) on this date at 3:36 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Construction Code -
Part 8. Electrical Code.”
These rules take effect
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 4, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-087-LR
(Secretary of State Filing #19-01-15) on this date at 3:36 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Residential Builders
and Maintenance and Alteration Contractors.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 7, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-015-LR
(Secretary of State Filing #19-01-16) on this date at 3:59 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Audiology - General
Rules.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 7, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-016-LR
(Secretary of State Filing #19-01-17) on this date at 3:58 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Chiropractic -
General Rules.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 7, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-019-LR
(Secretary of State Filing #19-01-18) on this date at 3:58 p.m. for the Department of Licensing and Regulatory Affairs
entitled, “Behavior Analysts - General Rules.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 7, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-024-LR
(Secretary of State Filing #19-01-19) on this date at 3:58 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “General Rules -
Public Health Code.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn
Benson
Secretary
of State
Robin
L. Houston, Departmental Supervisor
Office
of the Great Seal
The communications were referred
to the Secretary for record.
The following communications were
received:
Office of Senator Paul Wojno
March 14, 2019
Per Senate
Rule 1.110(c), I am requesting that my name be added as a co-sponsor to Senate
Bill 14 which was introduced on January 15, 2019, by Senator Brinks and is
currently in the Senate Environmental Quality Committee.
March 14, 2019
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bill 41 which was
introduced on January 22, 2019, by Senator Santana and is currently in the
Senate Education and Career Readiness Committee.
Sincerely,
Paul
Wojno
State
Senator
9th
District
The communications were referred
to the Secretary for record.
Recess
Senator Lauwers moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time
being 10:05 a.m.
The Senate was called to order by
the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senator Nesbitt offered the following
resolution:
Senate
Resolution No. 27.
A
resolution to reject the extreme anti-life policies contained in New York’s
Reproductive Health Act, to support President Trump’s call for an end to
late-term abortions, and to encourage the U.S. Congress to pass the Born-Alive
Abortion Survivors Protection Act.
Whereas, The
New York State Legislature passed and New York Governor Andrew M. Cuomo signed
into law the Reproductive Health Act on January 22, 2019. This law will allow
abortions to occur virtually up to the time of natural birth and allow
non-physicians to perform abortions; and
Whereas, This
barbaric expansion of late-term abortions flies in the face of modern science
and the basic demands of human decency. Thanks to advances in medicine,
children may survive and thrive outside of the womb at earlier and earlier
stages of pregnancy. It is unconscionable to reject these advances and deny the
most vulnerable in our society a chance at life. It is further unconscionable
that an insufficient number of United States Senators believe that babies who
survive an abortion attempt should not be provided the utmost care and
protection; and
Whereas, The
state of Michigan has a long and unbroken history of protecting unborn children
from abortion, with a law prohibiting abortion in place since 1846. The people
of Michigan affirmed the prohibition of abortion in a 1972 statewide initiative
vote rejecting a proposal to legalize abortion through 20 weeks of pregnancy.
Since the Roe v Wade decision,
Michigan has continued to protect unborn children within the limits of federal
law; and
Whereas, New
York’s law represents a dramatic step backwards in the commitment to life.
Every person regardless of age has an unalienable right to life. As a
compassionate and caring society, we must embrace life, not celebrate the
ending of it, and ensure the protection of unborn children as well as those who
survive abortion; and
Whereas, Given
laws like New York’s, it is more important now than ever before to join
President Trump in asking Congress to ban horrific late-term abortions and to
strengthen protections for abortion survivors; now, therefore, be it
Resolved by the Senate, That we reject the extreme anti-life policies
contained in New York’s Reproductive Health Act, support President Trump’s call
for a federal ban on late-term abortions, and encourage the Congress of the
United States to pass the Born-Alive Abortion Survivors Protection Act; 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.
Senator
Lauwers 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
Lauwers moved that the resolution be referred to the Committee on Health Policy
and Human Services.
The motion prevailed
Introduction and Referral of
Bills
Senators MacGregor and Schmidt introduced
A bill to amend 1954 PA
188, entitled “An act to provide for the making of certain improvements by
townships; to provide for paying for the improvements by the issuance of bonds;
to provide for the levying of taxes; to provide for assessing the whole or a
part of the cost of improvements against property benefited; and to provide for
the issuance of bonds in anticipation of the collection of special assessments
and for the obligation of the township on the bonds,” by amending section 2
(MCL 41.722), as amended by 2002 PA 585.
The bill was read a first and second time by
title and referred to the Committee on Local Government.
Senators Runestad, Wojno, Lucido,
Irwin, MacDonald, Johnson and Hollier introduced
A bill to create a suicide prevention
commission within the legislative council and to prescribe its powers and
duties; and to prescribe the powers and duties of certain state officers and
entities.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators Barrett, LaSata, Nesbitt,
Victory, Bumstead, Daley, Horn, Stamas, MacDonald, Theis, Outman, McBroom,
Lauwers, Lucido, Zorn, Bizon, Runestad, VanderWall and MacGregor introduced
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011
PA 168.
The bill was read a first
and second time by title and referred to the Committee on Judiciary and Public
Safety.
Senators LaSata, Barrett, Nesbitt,
Victory, Bumstead, Daley, Horn, Stamas, MacDonald, Theis, Outman, McBroom,
Lauwers, Lucido, Zorn, Bizon, Runestad, VanderWall and MacGregor 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.
Senators Runestad and Barrett
introduced
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 1910 (MCL 600.1910), as amended by
1994 PA 403.
The bill was read a first
and second time by title and referred to the Committee on Judiciary and Public
Safety.
Senator Runestad introduced
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 3801, 3810, 3815, and 3825 (MCL
600.3801, 600.3810, 600.3815, and 600.3825), sections 3801, 3810, and 3825 as
amended by 2014 PA 387 and section 3815 as amended by 2015 PA 153.
The bill was read a first
and second time by title and referred to the Committee on Judiciary and Public
Safety.
Announcements of Printing and
Enrollment
The Secretary announced the enrollment printing and
presentation to the Governor on Thursday, March 14, for her approval the
following bill:
Enrolled
Senate Bill No. 87 at 10:55 a.m.
The Secretary announced that the following bills and
resolutions were printed and filed on Thursday, March 14, and are available on
the Michigan Legislature website:
Senate Bill Nos. 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226
Senate Concurrent Resolution No. 6
Senate Resolution Nos. 24 25 26
House Bill Nos. 4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385
Committee Reports
The Committee on Judiciary and Public Safety reported
Senate
Bill No. 203, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana
facilities licensing act,” by amending section 102 (MCL 333.27102), as
amended by 2018 PA 648.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Runestad, Chang and Irwin
Nays:
None
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and Public Safety submitted the
following:
Meeting
held on Thursday, March 14, 2019, at 8:30 a.m., Room 1100, Binsfeld Office
Building
Present:
Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
The Committee on Health Policy and Human Services reported
Senate
Bill No. 127, entitled
A bill to amend 1978 PA 368, entitled “Public health code,”
by amending section 7303a (MCL 333.7303a), as amended by 2018 PA 101.
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.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The Committee on Health Policy and Human Services reported
Senate
Bill No. 128, entitled
A
bill to amend 1978 PA 368, entitled “Public health code,” by amending section
7104 (MCL 333.7104), as amended by 2001 PA 233.
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.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel
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 Health Policy
and Human Services submitted the following:
Meeting held on Thursday, March 14, 2019,
at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators VanderWall (C),
Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel and Wojno
Excused: Senator Santana
COMMITTEE ATTENDANCE REPORT
The Committee on Advice and Consent submitted the following:
Meeting
held on Thursday, March 14, 2019, at 12:00 noon, Room 1300, Binsfeld Office
Building
Present:
Senators Lucido (C), LaSata, Nesbitt, McBroom and Hertel
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting
held on Thursday, March 14, 2019, at 12:00 noon, Room 1200, Binsfeld Office
Building
Present:
Senators Zorn (C), Johnson, Daley, Alexander and Moss
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community
Health/Human Services submitted the following:
Meeting held on Thursday, March 14,
2019, at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators MacGregor (C),
Bizon, Schmidt, LaSata, MacDonald, Barrett, Hertel and Irwin
Excused: Senator Santana
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Justice and Public
Safety submitted the following:
Meeting held on Thursday, March 14,
2019, at 1:30 p.m., Room 1300, Binsfeld Office Building
Present: Senators Barrett (C),
Runestad and Hollier
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Agriculture and
Rural Development submitted the following:
Meeting held on Thursday, March 14,
2019, at 3:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators Victory (C),
Daley and McCann
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Universities and
Community Colleges submitted the following:
Meeting held on Thursday, March 14,
2019, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building
Present: Senators LaSata (C),
Horn, Bizon, MacDonald, Zorn, Irwin and Hertel
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Natural Resources
and Environmental Quality submitted the following:
Meeting held on Tuesday, March 19,
2019, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Bumstead (C),
Outman, Victory and McCann
Excused: Senator Bayer
Appropriations - Wednesday, March 20, 2:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-5307
Subcommittees -
Agriculture and Rural Development - Thursday, March 21, 3:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
Community Health/Human Services - Wednesday, March 20, 12:00 noon,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; and Thursday,
March 21, 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (517)
373-2768
General Government - Wednesdays, March 20, April 10,
and April 17, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-2768
Justice and Public Safety - Thursday, March 21, 1:30 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
Talent and Economic Development/MEDC - Tuesdays, April 9, and April 16,
3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-2768
Universities and Community Colleges - Thursday, March 21, 3:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Insurance and Banking - Wednesday, March 20, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373-5314
Natural Resources - Wednesday, March 20, 8:30 a.m.,
Room 1300, Binsfeld Office Building (517) 373‑5312
Transportation and Infrastructure - Wednesday, March 20, 10:30 a.m.
or later immediately following session, Room 1100, Binsfeld Office Building
(517) 373-5323
Senator
Lauwers moved that the Senate adjourn.
The
motion prevailed, the time being 10:58 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, March 20, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate