STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, March 20, 2019.
10:00 a.m.
The Senate was called to order by the
President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the
Senate, who announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—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
Ed McBroom of the 38th District offered the following invocation:
Dear Father, we thank You again for a new day, a day that You have made,
a day that we can rejoice in Your many blessings to us. Specifically the
opportunity that we have to live in this country, a country that is governed by
the people. In this beautiful state, Lord, I pray that You will help each of us
today to work hard for You, to remember that we work for You, and that we work
for Your people here. Help us to promote laws that are based on Your
righteousness.
I pray that You will help us to remember those who need our help; and
that in this time of reflecting on the sacrifice of Your Son, that You would
help each of us to recognize the need that our communities have, for our sacrificial love for the people around us.
Watch over us in this day and in our travels in the weeks to come.
I pray this in Jesus’ name. Amen.
The President, Lieutenant Governor Gilchrist, led
the members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
Ananich entered the Senate Chamber.
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 communication was received:
Office of Senator Betty Jean Alexander
March 19, 2019
I would like to add my name as a co-sponsor of Senate Bill 228, which
was sponsored by Senator Jim Runestad. Thank you for the opportunity and please
let me know if you have any questions.
Sincerely,
Betty
Jean Alexander
State
Senator
5th
District—Detroit, Dearborn Heights,
Garden
City, Inkster, and Redford
The communication was referred to the Secretary for record.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed.
Senator
Shirkey’s statement is as follows:
I ask my colleagues on the Senate floor to join me in a few moments of
celebration of dear Terry Edwards who is leaving and retiring on a bittersweet
day today after serving more than 37 years in the state Senate.
Terry came to the Senate after accepting a position with Senator David
Plawecki. At the end of his term, she accepted a temporary position with the
Secretary of the Senate as a receptionist. From that point on, Terry continued
to fill in for a long list of employees throughout her career. The list is too
long to read.
In her time in the Senate, Terry has been through three different state
accounting systems, three different Senate financial systems, and has served
through 18 individual Legislatures. She is currently the Senate’s accounting
and financial reporting specialist—Lord knows we need an accounting and
financial reporting specialist—where she keeps budgetary records and handles
many of the financial duties of the Senate.
Terry is joined today in the east Gallery by her family—her husband of
42 years, Kent; with whom she has three children, sons Kent and Kristopher and
daughter Kimberly. They have four grandsons—Robert, Kent, Bryce, and Eli—with a
granddaughter due this September. Robert, Kent, Bryce, and Eli, you should be
very proud of your grandma; very proud of your grandma. Kent, Kristopher, and
Kimberly, you know how proud you should be of your mom.
After her retirement, Terry looks forward to spending time with her
family, as well as relaxing at her trailer in the Thumb and being active
outdoors. She told me a moment ago that she’s really very nervous about
standing here next to me; I promised her I would not bite her. But, she’s not
nervous at all about taking this next transition in life to enjoy the fruits of
all the 37 years of labor she’s invested to spend more time with her family and
friends camping. They’re involved in the Durand Wrestling Club, pairing
tournaments for the Mid-Michigan Wrestling Association, the Durand chicken
barbecue, serving as secretary, treasurer, and booklet chairperson for the
Durand Railroad Days.
It is with great pleasure that we give this tribute
to Terry and wish her the best of luck in her retirement. It is my hope, and I
am sure the hope of everybody in this chamber, of all Senators and staff, that
you succeed and make it an effortless transition into this new and exciting
phase of your life. God bless you for your service and God bless you going
forward. Thank you for being such an important part of our organization for so
many years.
Messages from the House
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending section 5744 (MCL 600.5744), as amended by 2004 PA 105.
The House of Representatives has passed the bill, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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.
By unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and
the President, Lieutenant Governor Gilchrist, designated Senator Moss 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. 4061, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 21b.
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.
The bills were placed on the order of Third Reading of Bills.
Resolutions
Senator MacGregor offered the following resolution:
Senate
Resolution No. 28.
A resolution to commemorate March 20, 2019, as Hunger Solutions Day.
Whereas, The Food Bank Council of Michigan’s mission is to create a food
secure state through advocacy, resource management, as well as the
collaboration among stakeholders and Michigan’s unified food bank network; and
Whereas, Over 14 percent of Michigan residents regularly face hunger in
their household and over 16 percent of our children do not have a consistent
source of healthy, nutritious food; and
Whereas, The Food Bank Council of Michigan represents regional food
banks that serve all 83 counties in Michigan; and
Whereas, Michigan food banks distribute food and resources to direct
service agencies including pantries, after school programs, and senior centers;
and
Whereas, These food banks coordinate outreach and educational programs
throughout the year to promote healthy and responsible choices that affect
hunger; and
Whereas, Michigan food banks organize the surplus donations from
Michigan farmers in order to make available fresh, nutritious produce into the
emergency food system; and
Whereas, The Food Bank Council of Michigan also coordinates the
statewide food and fund drive, also known as the Michigan Harvest Gathering,
which has secured nearly 79 million meals since 1991; and
Whereas, Michigan food banks are committed to increasing access to
nutritious food through programs and food distribution services; and
Whereas, The Food Bank Council of Michigan advocates for policy in
support of food security for all Michigan residents; and
Whereas, The state of Michigan can be proud to encourage the
collaborative and innovative strategies which bring food security to families,
individuals, and communities that are desperately in need of support; now,
therefore, be it
Resolved by the Senate, That we commemorate March 20, 2019, as Hunger
Solutions Day.
Senator Lauwers moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The resolution
was adopted.
The motion prevailed.
Senator MacGregor’s statement is as follows:
We are pleased to have Dr. Phil Knight, the
executive director of the Food Bank Council of Michigan, with us in the Gallery
today for the resolution naming March 20 as Hunger Solutions Day.
The Food Bank Council has been a long-term
partner with many sectors in Michigan, including agribusiness, healthcare,
government, and charitable sectors.
While serving in the State Legislature, I have
been a proud supporter of the Food Bank Council in its efforts to help both
hungry people and our farming communities. With the support of the state of
Michigan, the Food Bank Council of Michigan rescues healthy, high-quality,
fresh and frozen produce from farmers and processors which they are then able
to distribute to those in need. For every dollar invested in the Food Bank Council’s Produce-Rescue Program, it generates
over $16.00 in economic value back to the state of Michigan.
The Food Bank Network continues to find
innovative ways to work towards achieving its mission of ending hunger in our
state. So, we designate today—March 20, 2019—as Hunger Solutions Day for the
state of Michigan as an opportunity to celebrate how far we’ve come and in
recognition of the collaborative work that is still needed to ensure all
Michiganders become food-secure.
Introduction and Referral of
Bills
Senator Alexander introduced
A bill to amend 2018 PA
337, entitled “Improved workforce opportunity wage act,” by amending
section 4d (MCL 408.934d), as amended by 2018 PA 368,
and by adding section 4f.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senator Santana introduced
A bill to amend 1978 PA 390, entitled “An act to
regulate the time and manner of payment of wages and fringe benefits to
employees; to prescribe rights and responsibilities of employers and employees,
and the powers and duties of the department of labor; to require keeping of
records; to provide for settlement of disputes regarding wages and fringe
benefits; to prohibit certain practices by employers; to prescribe penalties
and remedies; and to repeal certain acts and parts of acts,” by amending
section 8 (MCL 408.478).
The bill was read a first and
second time by title and referred to the Committee on Judiciary and Public
Safety.
Senator Santana introduced
A bill to provide for the levy, collection, and
administration of an excise tax on the admission charge to an entertainment
event in this state; to provide for the disposition of the proceeds of the tax;
to prescribe the powers and duties of certain state departments; and to provide
for certain exemptions.
The bill was read a first and second time by title and
referred to the Committee on Finance.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” by amending section 13 (MCL 15.243), as amended by 2018 PA
68.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” by amending sections 1, 2, and 3 (MCL 15.231, 15.232, and
15.233), section 1 as amended by 1997 PA 6, section 2 as amended by 2018
PA 68, and section 3 as amended by 2018 PA 523.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” (MCL 15.231 to 15.246) by adding sections 29e and 29f.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” (MCL 15.231 to 15.246) by adding sections 29a and 29b.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” (MCL 15.231 to 15.246) by adding part 2.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” (MCL 15.231 to 15.246) by adding sections 26, 27, 28, and 29.
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 Oversight.
A bill to amend 1976 PA 442,
entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section
24.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” (MCL 15.231 to 15.246) by adding sections 29c and 29d.
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 Oversight.
A bill to amend 1986 PA 268, entitled “Legislative
council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA
241.
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 Oversight.
A bill to amend 1967 PA 288, entitled “Land division
act,” by amending section 109 (MCL 560.109), as amended by 2017 PA 196.
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 Local Government.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1083.
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.
Announcements of Printing and Enrollment
The Secretary announced that the following
House bills were received in the Senate and filed on Tuesday, March 19:
House
Bill Nos. 4007 4008 4009 4010 4011 4012 4013 4015 4016 4055 4060
The Secretary announced
that the following bills and resolution were printed and filed on Tuesday,
March 19, and are available on the Michigan
Legislature website:
Senate
Bill Nos. 227 228 229 230 231 232
Senate
Resolution No. 27
House
Bill Nos. 4386 4387 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405
Committee Reports
The
Committee on Regulatory Reform reported
Senate Bill No. 106, entitled
A bill to amend 1915 PA 31,
entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4
(MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236, and by adding
sections 2b and 2c.
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, Moss, Polehanki and Wojno
Nays: None
The bill and the substitute
recommended by the committee were referred to the Committee of the Whole.
The
Committee on Regulatory Reform reported
Senate Bill No. 155, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” (MCL 722.641
to 722.645) by adding sections 2b and 2c.
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, 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, March
19, 2019, at 3:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Nesbitt (C),
Theis, Johnson, Lauwers, VanderWall, Moss, Polehanki and Wojno
Excused: Senator Zorn
The
Committee on Education and Career Readiness reported
Senate Bill No. 122, entitled
A bill to amend 1976 PA 451,
entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as
amended by 2018 PA 235.
With the recommendation that
the substitute (S-2) be adopted and that the bill then pass.
The committee further
recommends that the bill be given immediate effect.
Lana
Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Horn,
Bumstead, Runestad, Daley, Polehanki and Geiss
Nays: None
The bill and the substitute
recommended by the committee were referred to the Committee of the Whole.
The
Committee on Education and Career Readiness reported
Senate Bill No. 202, entitled
A bill to
amend 1976 PA 451, entitled “The revised school code,” by amending section
1249b (MCL 380.1249b), as added by 2015 PA 173.
With the recommendation that
the substitute (S-2) be adopted and that the bill then pass.
The committee further
recommends that the bill be given immediate effect.
Lana
Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Horn,
Bumstead, Runestad, Daley, Polehanki and Geiss
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 Education and Career Readiness submitted the following:
Meeting held on Tuesday, March
19, 2019, at 12:00 noon, Room 1300, Binsfeld Office Building
Present: Senators Theis (C),
Horn, Bumstead, Runestad, Daley, Polehanki and Geiss
COMMITTEE
ATTENDANCE REPORT
The
Committee on Environmental Quality submitted the following:
Meeting held on Tuesday, March
19, 2019, at 1:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Outman (C),
Daley, Johnson, VanderWall, McBroom and Brinks
Excused: Senator Bayer
COMMITTEE
ATTENDANCE REPORT
The
Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, March
19, 2019, at 2:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Lauwers (C), Horn, LaSata, Nesbitt,
Barrett, Bumstead, Outman, McCann, Brinks and McMorrow
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Talent and
Economic Development/MEDC submitted the following:
Meeting held on Tuesday, March
19, 2019, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Horn (C) and
Hollier
Excused: Senator Schmidt
COMMITTEE
ATTENDANCE REPORT
The
Committee on Insurance and Banking submitted the following:
Meeting held on Wednesday,
March 20, 2019, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Theis (C), Lauwers, LaSata, Nesbitt,
Daley, Barrett, Horn, Geiss, Bullock and McMorrow
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Thursday, March 21, 3:00 p.m., Room 1300,
Binsfeld Office Building (517) 373-2768
Community Health/Human Services - Thursday, March 21, 8:00 a.m., Senate Hearing
Room, Ground Floor, Boji Tower (517) 373-2768
General Government - Wednesdays, 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, 1:30 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Senator Lauwers moved that the Senate adjourn.
The motion prevailed, the time being 10:34
a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Thursday, March 21, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate