STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, October 10, 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—excused Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—excused 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
Imam Arif Huskic of Common Word
Alliance of Hamtramck offered the following invocation:
Dear God, we thank You for the
blessings and the opportunity to see daylight in this day and every day. We
pray for ourselves, our great state of Michigan, and for our State Senators.
Shower them with light, wisdom, and guidance. Have mercy on them and guide them
to make right decisions for the best interests of the lives of our citizens in
this beautiful state.
Dear God,
help our Senators to enforce the human rights and equal justice for all people
in our state. Dear God, be
passionate towards the Senators and guide them to be passionate to the poor,
the hungry, and helpless in providing them with nourished food, clean water,
clothing, and housing. Dear God, grant courage to them to stand against
injustice, bigotry, and hate. Keep the healthy relationships among them and
place the spirit of cooperation in their hearts. Dear God, grant the strength
to our Senators to build bridges of creating jobs and paths for our current
students; how they should work through and become tomorrow’s leaders and successful
businessmen and -women. Dear God, help the Senators to provide health and
safety in every school and community. Dear God, help us to promote our state’s
values and its diversity. Keep us in peace and harmony.
Dear Allah, our Quran said about
You in An-Nahl, which means chapter of the bees—chapter 16, verse 129—“Verily,
Allah is with those who are righteous and those who do good.” Dear Allah, be
with our Senators too, and guide them and help them to do their best and reward
them, please, for their obedience.
Dear God, answer my plea. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
Senator MacGregor moved that Senator
Barrett be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator
Ananich be temporarily excused from today’s session.
The motion prevailed.
Senator Chang moved that Senator
Bullock be excused from today’s session.
The motion prevailed.
Senator McBroom entered the Senate
Chamber.
Recess
Senator MacGregor moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time
being 10:11 a.m.
The Senate was called to order by
the President pro tempore, Senator Nesbitt.
During the recess, Senators Shirkey and
Ananich entered the Senate Chamber.
By unanimous consent the Senate
proceeded to the order of
General Orders
The motion prevailed, and the
President pro tempore, Senator Nesbitt, designated Senator Zorn 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:
Senate Bill No. 278, entitled
A bill to amend 1949 PA 300,
entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221
and 257.310), section 221 as amended by 1998 PA 64 and section 310 as amended
by 2018 PA 177.
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.
Senate Bill No. 279, entitled
A bill to amend 2008 PA 23,
entitled “Enhanced driver license and enhanced official state personal
identification card act,” by amending section 5 (MCL 28.305), as amended by
2018 PA 606.
Substitute (S-1)
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.
The President, Lieutenant Governor
Gilchrist, resumed the Chair.
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
Senate
Resolution No. 73
The motion prevailed.
A resolution to urge the United
States Congress to increase funding for sickle cell disease research.
The question being on the
adoption of the resolution,
Senator Lauwers offered the following
resolution:
Senate
Resolution No. 84.
A resolution to recognize October
14-18, 2019, as Careers in Energy Week.
Whereas, Access to affordable and
reliable energy is fundamental to the lives of all Michigan residents and
crucial to businesses; and
Whereas, Michigan’s energy
industry is transforming energy generation to cleaner and greener generation
technologies and infrastructure as older facilities are retired over the next
ten years; and
Whereas, Energy efficiency and
clean energy sources have become a priority for Michigan residents, businesses,
and government; and
Whereas, Michigan’s energy
industry currently boasts 111,000 jobs, with total demand projected to grow by
six percent through 2026. This underscores a vital need to increase Science,
Technology, Engineering, and Math (STEM) and skilled trades training to
increase the number of Michigan residents ready to fill the growing gap in the
workforce pipeline; and
Whereas, As Michigan’s economy
continues to grow and become more competitive, our energy providers have hired
more than 3,200 employees since January 2018; and
Whereas, The Michigan Energy Workforce
Development Consortium (MEWDC) is a coalition of more than 50 representatives of industry, education, workforce, labor,
government, and veterans celebrating 11 years of dedication to
identifying and acting on current and future workforce issues that are crucial
to building and sustaining Michigan’s energy industry; and
Whereas, MEWDC has aligned with
energy-related associations including the Michigan Energy Efficiency Contractor Association, Michigan Municipal
Electric Association, Michigan Energy Co-operative Association, the
Michigan Electric and Gas Association, and the American Petroleum Institute;
and
Whereas, MEWDC has partnered with the
U.S. Department of Labor, U.S. Chamber of Commerce Foundation, and the Center
for Energy Workforce Development to implement talent development strategies for
employment opportunities in Michigan’s energy industry; and
Whereas, MEWDC has been awarded a
Michigan Industry Cluster Approach 2.0 grant to advance the work of the
consortium, further increasing industry involvement and opportunities for
students and residents of the state; and
Whereas, MEWDC collaborated with the
Michigan Department of Education in order to create Michigan’s 17th “career
cluster”, which provides a roadmap for high school, career and technical
education, and community college students to pursue jobs in the energy sector;
and
Whereas, MEWDC members now have an
enhanced, year-round presence in schools and on college and university campuses
with a focus on hiring Michigan students, in addition to offering more than 900
industry internships, work-based learning and co-op opportunities annually for
students; now, therefore, be it
Resolved by the Senate, That we
recognize October 14-18, 2019, as Careers in Energy Week; and be it further
Resolved, That during this week, MEWDC
will focus on energy career awareness through student tours, energy fairs, and
other events to raise awareness about the many benefits of energy careers.
Senator MacGregor moved that the
rule be suspended.
The motion prevailed, a majority
of the members serving voting therefor.
Senators
Bayer, Horn and Nesbitt were named co-sponsors of the resolution.
Senator Theis offered the following
resolution:
Senate
Resolution No. 85.
A resolution to recognize October
2019 as Get Smart About Credit Month.
Whereas, Financial literacy is defined
as the basic knowledge and skills that allow individuals to make educated
decisions about their financial resources and plan for a stable economic
future; and
Whereas, Those who are proficient in
financial literacy possess the capability to create and execute short-term and
long-term budgets, invest in the market, save and plan for retirement, buy a
house, pay off student loans, raise their credit score, and manage
communications with banks and other financial institutions; and
Whereas, An
important component of mastering financial literacy is the ability to maintain
good credit; and
Whereas, Young Michiganders need
financial education. More specifically, the generation born between 1997 and
2012 will face the highest rate of student loan debt with over 44 million
students collectively owning more than $1.4 trillion in loans before they enter
the workforce; and
Whereas, During their early adult
years, young Michiganders will face important decisions that will impact their
financial future; and
Whereas, Many Michiganders do not know
what a credit score is or how it impacts the ability to qualify for mortgages,
car loans, recreational loans, or other lines of credit; and
Whereas, When
surveyed, an overwhelming number of student loan borrowers often say they would
borrow differently if they knew more
about student loan interest and if they better understood how their credit
scores impact interest rates; and
Whereas, Not every state requires high
school students to learn about personal financial education; and
Whereas, Many young Michiganders have
asked for the opportunity to learn about personal finance before they graduate
high school so they are better prepared for financial decisions in college; and
Whereas, There is no fast and easy way
to “fix” damaged credit. Repairing credit history takes time and requires the
establishment of good money management over a length of time; and
Whereas, The
understanding of credit management is key to the establishment of good credit
in the future; and
Whereas, Access to credit in the
future may assist Michiganders who face life events, both positive and
negative, that drastically change financial plans. Our citizens can
unexpectedly face a decline in health, medical expenses, or legal troubles, but
being able to access affordable emergency lines of credit can help them avoid
remaining fees, costs, fines, and other financial obligations that are
difficult to manage; and
Whereas, Empowering Michiganders
to be knowledgeable about their finances along with the best ways to maintain
access to positive credit programs will enable them to be in a better position
to boost our local economies and lower poverty rates long-term; and
Whereas, The lowering of poverty
rates does not simply create more jobs, but strengthen our citizens’ ability to
provide for their families and to raise their children. The promotion of smart
credit management and overall financial literacy helps our citizens achieve
their American Dream; now, therefore, be it
Resolved by the Senate, That the
members of this legislative body recognize October 2019 as Get Smart About
Credit Month; and be it further
Resolved, That we urge all of
Michigan’s financial institutions to observe this month with appropriate programs
and activities for both students and all of its citizens within the communities
they serve.
Senator MacGregor moved that the
rule be suspended.
The motion prevailed, a majority
of the members serving voting therefor.
Senators
Geiss, Horn, MacDonald, Polehanki, Runestad, Santana, VanderWall and Wojno were
named co‑sponsors of the resolution.
Senator
Theis asked and was granted unanimous consent to make a statement and moved
that the statement be printed in the Journal.
The
motion prevailed.
Senator Theis’ statement is as follows:
I rise today to ask for your support
for my resolution to declare October Get Smart About Credit Month in the state
of Michigan.
Financial literacy is the basic
knowledge and skill that allows individuals to make educated decisions about
their financial resources and plan for a stable economic future. Those who are
proficient in financial literacy possess the capability to create and execute
short- and long-term budgets, invest in the market, save and plan for
retirement, buy a house, pay off student loans, improve their credit score, and
manage communications with banks and other financial institutions.
More young
Michiganders need a financial education. The generation born between 1997 and
2012 will face the highest rate of student loan
debt, with over 44 million students collectively owing more than $1.4 trillion
in loans before they enter the workforce. Understanding finance and credit is
establishing a solid financial future for our next generation. Empowering
Michiganders to be knowledgeable about their finances and about the best ways
to maintain access to a positive credit program will enable our citizens to be
in a position to boost our local economies and help our state. Promoting smart
credit management and overall financial literacy helps our citizens achieve
their American dream.
Therefore, I ask for your support on
this resolution, which is available for electronic co-sponsorship.
By unanimous consent the Senate
returned to the order of
Messages from the House
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending sections 27 and 34d (MCL
211.27 and 211.34d), section 27 as amended by 2013 PA 162 and section 34d as
amended by 2014 PA 164.
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 amended the title to read as follows:
A bill to amend 1893 PA 206,
entitled “An act to provide for the assessment of rights and interests,
including leasehold interests, in property and the levy and collection of taxes
on property, and for the collection of taxes levied; making those taxes a lien
on the property taxed, establishing and continuing the lien, providing for the
sale or forfeiture and conveyance of property delinquent for taxes, and for the
inspection and disposition of lands bid off to the state and not redeemed or
purchased; to provide for the establishment of a delinquent tax revolving fund
and the borrowing of money by counties and the issuance of notes; to define and
limit the jurisdiction of the courts in proceedings in connection with property
delinquent for taxes; to limit the time within which actions may be brought; to
prescribe certain limitations with respect to rates of taxation; to prescribe
certain powers and duties of certain officers, departments, agencies, and
political subdivisions of this state; to provide for certain reimbursements of
certain expenses incurred by units of local government; to provide penalties
for the violation of this act; and to repeal acts and parts of acts,” by
amending section 27 (MCL 211.27), as amended by 2013 PA 162.
Pursuant
to rule 3.202, the bill was laid over one day.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senators
Irwin, Alexander, Geiss, Moss, McMorrow, Polehanki, Chang, Bayer and Brinks
introduced
Senate Bill No. 568, entitled
A bill to designate the second Monday in October of
each year as Indigenous Peoples’ Day in this state.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators McMorrow, Geiss, Moss, Irwin,
Hertel, Ananich, Chang, Polehanki, Alexander, Bullock, Bayer, Santana, Wojno
and Hollier introduced
A bill to amend 1865 PA 124, entitled “An act to
designate the holidays to be observed in acceptance and payment of bills of
exchange, bank checks and promissory notes, the business of banking, savings
and loan, building and loan, municipal offices, the holding of courts and
relative to the continuance of suits,” by amending section 1 (MCL 435.101), as
amended by 1984 PA 4.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Theis, Hertel, Johnson, Barrett,
LaSata, Bullock, Victory, McMorrow, MacDonald, Runestad and Daley introduced
A bill to amend 1978 PA 368, entitled “Public health
code,” (MCL 333.1101 to 333.25211) by adding article 18.
The bill was read a first and second time by title and referred
to the Committee on Insurance and Banking.
Senators Theis, Hertel, Johnson, Barrett,
LaSata, Bullock, Victory, McMorrow, MacDonald, Runestad and Daley introduced
A bill to amend 1978 PA 368, entitled “Public health code,”
by amending section 16221 (MCL 333.16221), as amended by 2018 PA 463.
The bill was read a first and second time by title and
referred to the Committee on Insurance and Banking.
Senators Hertel, Theis, Johnson, Barrett,
LaSata, Bullock, Victory, McMorrow, MacDonald, Runestad and Daley introduced
A bill to amend 1978 PA 368, entitled “Public health
code,” (MCL 333.1101 to 333.25211) by adding section 24505 to article 18.
The bill was read a first and second time by title and
referred to the Committee on Insurance and Banking.
Senators Hertel, Theis, Johnson, Barrett,
LaSata, Bullock, Victory, McMorrow, MacDonald, Runestad and Daley introduced
A bill to amend 1978 PA 368, entitled “Public health
code,” by amending section 16226 (MCL 333.16226), as amended by 2018 PA 463.
The bill was read a first and second time by title and
referred to the Committee on Insurance and Banking.
Senator Lucido introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle
code,” by amending section 323 (MCL 257.323), as amended by 2018 PA 99.
The bill was read a first and second time by title and
referred to the Committee on Transportation and Infrastructure.
Senator Schmidt introduced
A bill to amend 1979 PA 94, entitled “The state school
aid act of 1979,” by amending section 22d (MCL 388.1622d), as amended by 2018
PA 265.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senator Hertel introduced
A bill to make, supplement, and adjust appropriations
for various state departments and agencies for the fiscal year ending September
30, 2020; 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 Hertel introduced
A bill to amend 1979 PA 94, entitled “The state school
aid act of 1979,” by amending sections 11, 35a, and 236 (MCL 388.1611,
388.1635a, and 388.1836), sections 11 and 35a as amended by 2019 PA 58 and
section 236 as amended by 2019 PA 260, and by adding section 260.
The bill was read a first and second time by title and
referred to the Committee on Appropriations.
Senator Hertel introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending the title and section 465 (MCL 750.465), the title as
amended by 2010 PA 107, and by adding section 465b.
The bill was read a first and second time by title and
referred to the Committee on Economic and Small Business Development.
Senator MacGregor introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” (MCL 750.1 to 750.568) by adding section 465c.
The bill was read a first and second time by title and
referred to the Committee on Economic and Small Business Development.
Senator Hertel introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” (MCL 750.1 to 750.568) by adding section 465d.
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 amend 1978 PA 368, entitled “Public health
code,” by amending sections 16201, 18101, 18107, 18111, and 18115 (MCL
333.16201, 333.18101, 333.18107, 333.18111, and 333.18115), section 16201 as
amended by 2016 PA 49, sections 18101 and 18111 as added by 1988 PA 421,
section 18107 as amended by 1989 PA 262, and section 18115 as amended by 2006
PA 429, and by adding sections 18106, 18112, 18114, and 18116.
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 Health Policy and Human Services.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 42b.
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.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” by amending section 21b (MCL 250.1021b), as added by
2019 PA 4.
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 10:53 a.m.
The
Senate was called to order by the Assistant President pro tempore, Senator
Theis.
Announcements
of Printing and Enrollment
House Bill Nos. 4325 4349 4731
The Secretary announced that the following bills and
resolutions were printed and filed on Tuesday, October 8, and are available on
the Michigan Legislature website:
Senate
Bill Nos. 542 543 544 545 546 547 548 549 550 551 552 553 554
555 556 557 558 559 560 561 562 563 564 565 566 567
Senate
Resolution Nos. 82 83
House
Bill Nos. 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050
5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063
5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076
5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089
5090 5091 5092
Committee Reports
COMMITTEE
ATTENDANCE REPORT
The
Subcommittee on Justice and Public Safety submitted the following:
Joint
meeting held on Tuesday, October 8, 2019, at 2:00 p.m., Room 1100, Binsfeld
Office Building
Present:
Senators Barrett (C), Runestad and Hollier
COMMITTEE
ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Joint
meeting held on Tuesday, October 8, 2019, at 2:00 p.m., Room 1100, Binsfeld
Office Building
Present:
Senators McBroom (C), Lucido, Theis, MacDonald and Irwin
COMMITTEE
ATTENDANCE REPORT
The
Committee on Regulatory Reform submitted the following:
Meeting
held on Tuesday, October 8, 2019, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall, Zorn, Polehanki and
Wojno
Excused:
Senator Moss
Scheduled Meetings
Environmental Quality - Tuesday, October 15, 1:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5323
Legislative Council - Tuesday, October 15, 12:45 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-0212
Michigan Law
Revision Commission - Wednesday, October 23, 11:30 a.m., Legislative Council
Conference Room, 3rd Floor, Boji Tower (517) 373-0212
State Drug Treatment Court Advisory
Committee -
Tuesday, October 15, 10:00 a.m., Legislative Council Conference Room, 3rd
Floor, Boji Tower (517) 373-0212
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:18 a.m.
The Assistant President pro tempore, Senator Theis,
declared the Senate adjourned until Tuesday, October 15, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate