STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, June 13, 2019.
10:00 a.m.
The
Senate was called to order by the Assistant President Pro Tem,
Senator Lana Theis.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—excused 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—excused 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
Lord, Creator and Savior and
Sustainer of the universe, we come to thank You for another day. We ask for
Your gracious presence and grace be with us now. We thank You for our public
servants who gather here today to represent the citizens of our great state. We
thank You that they lead by example with integrity. Thank You, Lord, for
leaders who do not focus on the negative, but on the positive; leaders who
realize that an injustice anywhere is an injustice everywhere; leaders who
focus on what unites us and not divide us. We ask that You give our leaders
today guidance for this session, the serenity and peace to accept the things we
cannot change, the courage to change the things we can, and the wisdom to know
the difference. That all honor and glory would be Yours. Amen.
The Assistant President pro
tempore, Senator Theis, led the members of the Senate
in recital of the Pledge of Allegiance.
Motions and Communications
Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s
session.
The motion prevailed.
Senator McMorrow moved that Senator
Santana be temporarily excused from today’s session.
The motion prevailed.
Senator McMorrow moved that Senator Ananich be excused from today’s session.
The motion prevailed.
Senator Shirkey entered the Senate Chamber.
The following communications were
received and read:
Office of the Senate Majority
Leader
June 6, 2019
Pursuant to MCL 390.1665, I am
appointing Peter Spadafore, of Lansing, to the Lansing Promise Zone Authority
Board for the term of June 6, 2019 to June 5, 2023.
June 6, 2019
Pursuant to MCL 390.1665, I am
reappointing Christopher Dean, of Norton Shores, to the Muskegon County Promise
Zone Authority Board for the term of June 6, 2019 to June 5, 2023.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communications were referred to the
Secretary for record.
The following communication was
received:
Office of Senator Sylvia Santana
June 12, 2019
Please add my name to the list of
co-sponsors for SB 362 and SB 363. If you have any questions, please reach out
to my office.
Cordially,
Sylvia
A. Santana
State
Senator
Michigan’s
3rd District
The communication was referred to the
Secretary for record.
Messages from the House
A bill to amend 2016 PA 436,
entitled “Unmanned aircraft systems act,” by amending section 5 (MCL 259.305).
The House of Representatives has
substituted (H-5) the
bill.
The
House of Representatives has passed the bill as substituted (H-5), ordered that
it be given immediate effect and pursuant to Joint Rule 20, inserted the full
title.
Pursuant
to rule 3.202, the bill was laid over one day.
By unanimous consent the Senate
proceeded to the order of
General Orders
The motion
prevailed, and the Assistant President pro tempore, Senator Theis,
designated Senator McBroom as
Chairperson.
After some
time spent therein, the Committee arose; and the Assistant President pro
tempore, Senator Theis, having resumed the Chair, the
Committee reported back to the Senate, favorably and without amendment, the
following bill:
House Bill No. 4118, entitled
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as
amended by 2016 PA 445.
The bill was placed on the order of
Third Reading of Bills.
By unanimous consent the Senate proceeded
to the order of
Introduction and Referral of Bills
Senate
Bill No. 372
Senate
Bill No. 373
House
Bill No. 4229
House
Bill No. 4230
House
Bill No. 4231
House
Bill No. 4234
House
Bill No. 4235
House
Bill No. 4237
House
Bill No. 4238
House
Bill No. 4239
House
Bill No. 4615
House
Bill No. 4616
The motion prevailed, a majority of the members serving voting therefor.
Senators Wojno,
Irwin, Polehanki, Bayer, Bullock, McCann, Runestad, Geiss, Alexander, Ananich
and Brinks introduced
Senate Joint Resolution H, entitled
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 26 of article IV, to require a
two-thirds vote on any bill introduced during a regular legislative session
held after the November election in an even-numbered year.
The joint resolution was read a first and second time
by title and referred to the Committee on Government Operations.
Senators Hertel, McCann, Bullock, Wojno,
Polehanki, Geiss, Alexander, Ananich,
Bayer, Brinks, Moss, Runestad and Hollier introduced
A bill to establish the pediatric
congenital heart association fund in the department of treasury; to provide for
the distribution of the money from the fund; to prescribe the powers and duties
of certain agencies and officials; and to provide for appropriations.
The bill was read a first and second time by title and
referred to the Committee on Finance.
Senators Hertel, McCann, Bullock, Wojno,
Polehanki, Geiss, Alexander, Ananich,
Bayer, Brinks, Moss, Runestad and Hollier introduced
A bill to amend 1967 PA 281, entitled “Income tax act
of 1967,” by amending section 435 (MCL 206.435), as amended by 2018 PA 258.
The bill was read a first and second time by title and
referred to the Committee on Finance.
Senator Stamas introduced
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies, the judicial branch,
and the legislative branch for the fiscal year ending September 30, 2020; to
provide for certain conditions on appropriations; and to provide for the
expenditure of the appropriations.
The bill was read a first and second time by title.
In
pursuance of the order previously made, the bill was referred to the Committee
of the Whole and placed on the order of General Orders.
Senator Stamas introduced
A bill to amend 1979 PA 94, entitled “The state school
aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611,
388.1617b, 388.1801, and 388.1836), section 11 as amended by 2018 PA 586,
section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by
2018 PA 265.
The bill was read a first and second time by title.
In
pursuance of the order previously made, the bill was referred to the Committee
of the Whole and placed on the order of General Orders.
Senator Stamas introduced
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies and the judicial
branch for the fiscal year ending September 30, 2020; to provide for certain
conditions on appropriations; and to provide for the expenditure of the
appropriations.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies for the fiscal year
ending September 30, 2020; to provide for certain conditions on appropriations;
and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies for the fiscal year
ending September 30, 2020; to provide for certain conditions on appropriations;
and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senator Stamas introduced
A bill to amend 1979 PA 94, entitled “The state school
aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b),
section 11 as amended by 2018 PA 586 and section 17b as amended by 2007 PA 137.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senators Horn, LaSata and
MacDonald introduced
A bill to amend 1967 PA 281,
entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 674.
The bill was read a first and second time by title and
referred to the Committee on Economic and Small Business Development.
A bill to make appropriations for the department of
agriculture and rural development for the fiscal year ending September 30,
2020; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4230, entitled
A bill to amend 1979 PA 94,
entitled “The state school aid act of 1979,” by amending sections 201, 201a,
206, 207a, 207b, 207c, 209, 209a, 210b, 210f, 217, 225, 229a, and 230 (MCL
388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809,
388.1809a, 388.1810b, 388.1810f, 388.1817, 388.1825, 388.1829a, and 388.1830),
sections 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 229a, and 230
as amended and sections 209a and 210f as added by 2018 PA 265; and to repeal
acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4231, entitled
A bill to make appropriations for the department of
corrections for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4234, entitled
A bill to make appropriations for the legislature, the
executive, the department of the attorney general, the department of state, the
department of treasury, the department of technology, management, and budget,
the department of civil rights, the department of talent and economic
development, and certain other state purposes for the fiscal year ending
September 30, 2020; to provide for the expenditure of the appropriations; to
provide for the disposition of fees and other income received by the state
agencies; and to declare the effect of this act.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4235, entitled
A bill to make appropriations for the department of
health and human services for the fiscal year ending September 30, 2020; and to
provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4237, entitled
A bill to make appropriations for the department of
insurance and financial services for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4238, entitled
A bill to make appropriations for the judiciary for the
fiscal year ending September 30, 2020; and to provide for the expenditure of
the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
A bill to make appropriations for the department of
licensing and regulatory affairs for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
House Bill No. 4615, entitled
A bill to make appropriations for the department of
state police for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
A bill to make appropriations for the department of
military and veterans affairs for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
In pursuance of the order previously made, the bill was
referred to the Committee of the Whole and placed on the order of General
Orders.
Senator
Santana entered the Senate Chamber.
Statements
Senator
Hertel asked and was granted unanimous consent to make a statement and moved
that the statement be printed in the Journal.
The
motion prevailed.
Senator Hertel’s statement is as
follows:
I rise today to ask for your
support for an amendment to our Michigan Constitution that will protect
Michigan’s children by asserting a child’s best interests should be the focus
of any child custody or parental rights case. Placing a child in the custody of
their biological parent is not necessarily the best for them, especially when a
parent is neglectful, abusive, or absent from a child’s life.
Those of you who know me well
know I’ve experienced this very directly. The greatest thing that I’ve ever
done in my life was adopting my son Nathan. Throughout that process, I was
effectively his father since he was three years old. I wasn’t legally his
father until he was six. We had to go through a long process to terminate one
parent’s rights in order to make that happen. My greatest fear throughout the
entire process—every single day—was the fact that if something happened to my
wife, that his biological father—even though he had no part in his son’s life,
even though he made no attempt to see or provide for his son, even though he
had a legal and moral obligation to do so, even though I was the one who raised
him, even though I was the one who provided for him, even though I was the one
who tucked him in at night, even though I was the one who bathed him, clothed
him, and spent every day with him—the person who did nothing had more rights
than I did if something were to happen to my wife. That is clearly
unacceptable.
Biologically having a child or
putting your name on a birth certificate does not make you a mother or father.
It does not make you a parent. Being there does. Loving your child does. Over
the years, I’ve had the privilege of working with a constituent—Elaine
Hardy—who has shared her story. She’s in the Gallery right now. Elaine has been
a caregiver for her great-nephew Aden since shortly after his birth. Yet four
years into his life, after minimal contact and having no relationship with him,
Aden’s mother visited and took him for ten days, leaving Elaine powerless to
have him removed from her care, despite being his power of attorney and his
primary caregiver. Despite being his home, he was taken from her. Even after
CPS found his mother’s house to be uninhabitable by children, Aden was still
visited weekly by his mother until a therapist determined that these visits
were detrimental. The situation was nearly repeated with Aden’s younger brother
Asher, except his mother finally relinquished her rights. In fact, I was at the
adoption for Aden and Asher to Elaine’s daughter. It was a very important
moment in both those young boys’ lives. This entire situation placed an
incredible amount of stress on the children caught in the middle.
While this ordeal had been
undoubtedly traumatic for Aden, it is unfortunately not uncommon. Our state
should not emphasize relationships by blood, especially when there is in fact
no relationship at all at the expense of a child’s wellbeing. As a state, we
should be focused on the welfare of our children and use that as a guiding
principle in child custody and parental rights cases. While I recognize that in
some cases, and probably in most cases, reunifying children with their
biological parents is in their best interest, this is not the case when a parent
is neglectful, abusive, or has demonstrated no serious commitment to forming a
parental relationship. By using the child’s best interest as a litmus test, our
children will be served and will not be subject to toxic situations.
I propose this amendment so we
can put the children’s best interests at the heart of all decisions when it
comes to child custody and I ask for your support by sponsoring this amendment
today.
Announcements of Printing and Enrollment
House
Bill Nos. 4230 4234 4235 4237 4239
The Secretary announced that the
following bills and joint resolution were printed and filed on Wednesday, June
12, and are available on the Michigan Legislature website:
Senate Joint Resolution G
House Bill Nos. 4716 4717
Committee Reports
The
Committee on Appropriations reported
Senate
Bill No. 298, entitled
A bill
to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,”
by amending section 7b (MCL 722.1027b), as added by 2014 PA 530.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Jim
Stamas
Chairperson
To
Report Out:
Yeas: Senators Stamas,
Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory, Hertel, Bayer, Hollier, Irwin,
McCann and Santana
Nays:
None
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations
submitted the following:
Meeting held on Wednesday, June 12,
2019, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Stamas
(C), Bumstead, Barrett, Bizon,
LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory, Hertel, Bayer, Hollier, Irwin,
McCann and Santana
COMMITTEE ATTENDANCE REPORT
The Committee on Advice and Consent submitted the following:
Meeting
held on Wednesday, June 12, 2019, at 3:00 p.m., Room 1100, Binsfeld Office
Building
Present:
Senators Lucido (C), LaSata,
Nesbitt, McBroom and Hertel
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and Public Safety submitted the
following:
Meeting
held on Thursday, June 13, 2019, at 8:30 a.m., Room 1100, Binsfeld Office
Building
Present:
Senators Lucido (C), VanderWall,
Barrett, Johnson and Irwin
Excused:
Senators Runestad and Chang
Energy and Technology - Tuesday, June 18, 2:00 p.m.,
Room 1100, Binsfeld Office Building (517) 373‑5312
Environmental Quality - Tuesday, June 18, 1:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373‑5323
Regulatory Reform - Tuesdays, June 18, and June 25,
3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-5314
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:33 a.m.
The
Assistant President pro tempore, Senator Theis,
declared the Senate adjourned until Tuesday, June 18, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate