STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, February 5, 2020.
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—excused 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—excused
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—excused Nesbitt—excused
Pastor
Joe Jones of Brown-Hutcherson Ministries of Grand Rapids offered the following
invocation:
Eternal God our Father, I stretch my hands to thee, recognizing You as
the only help that I know. And I begin this morning by taking a moment to pause
and say, “thank You.” I want to thank You for this occasion to invoke a
blessing upon this august body—this diverse assembly of public servants who
have been selected to serve for such a time as this. I also want to acknowledge
just how good You’ve been to our beloved state.
You have endowed us with bountiful lakes full of fresh water as well as
an abundance of natural resources. May we never lose sight that it all belongs
to You. For Psalm 24:1-2 declares, “The earth is the Lord’s, and everything in
it, the world, and all who live in it; for he founded it on the seas and
established it on the waters.” Therefore, may we be good stewards of that which
ultimately belongs to You.
As we enter into this hour, we ask for Your blessing over the
proceedings of today. May this esteemed gathering consider the wisdom of the
Ojibwe and the Gifts of the Seven Grandfathers as decisions are being made both
today and the days to come. May they operate with respect, love, truth,
bravery, wisdom, generosity, and humility in their hearts and minds.
Dear Lord, I ask for a special blessing over the lives of those who have
come before us, our elders, and our ancestors whose sacrifices and selflessness
can serve as models of perseverance. As we celebrate black history and those
individuals from the African diaspora who pressed and prospered, we pause to
remember our own heroes and sheroes like OB/GYN and historian Dr. Charles
Wright of Detroit; the first African-American teacher hired by the Lansing
School District, Olivia Letts; the first black woman to graduate from the
University of Michigan Dental School in 1890 as well as the nation’s first
black female dentist, Dr. Ida Gray; one of the first African American
families who made the Upper Peninsula their home after the Civil War and the
namesake of Gaines Rock in Marquette, William and Mary Gaines; the first black
woman to serve as president of the National YWCA, Grand Rapids civil rights
leader Helen Claytor. And the list goes on and on, Lord. But You know who they
are because You gifted all of them just like You’ve gifted all of us.
May we all here this morning—regardless of our age or ethnicity; our
gender or sexual orientation; regardless of our socio-economic status—re-commit
ourselves to Your command that we love one another as You have loved us. Dear
God, may we never make the mistake of forgetting that all of humanity has been
made in Your image and Your likeness and that You require us to act justly and
to love mercy and to walk humbly with You.
May the presence of Your Holy Spirit be felt here in this place as we
once again thank You, praise You, magnify You, and lift You up. In the
matchless and miraculous name of Your Son, Jesus the Christ I pray. 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.
The motion prevailed.
Senator
Chang moved that Senator Hollier be excused from today’s session.
The motion prevailed.
The
following communication was received:
Office of Senator Winnie Brinks
February
4, 2020
Per
Senate Rule 1.110(c) I am requesting that my name be added as a co-sponsor to
Senate Bill 0284 which was introduced on April 24, 2019 and was referred to the
Senate Committee on Health Policy and Human Services.
Sincerely,
Senator
Winnie Brinks
District
29
The
communication was referred to the Secretary for record.
The following message from the Governor was
received:
Date: February 4, 2020
Time: 11:13 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 588
(Public Act No. 26), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the
control of the alcoholic beverage traffic within this state, and to prescribe
its powers, duties, and limitations; to provide for powers and duties for
certain state departments and agencies; to impose certain taxes for certain
purposes; to provide for the control of the alcoholic liquor traffic within
this state and to provide for the power to establish state liquor stores; to
prohibit the use of certain devices for the dispensing of alcoholic vapor; to
provide for the care and treatment of alcoholics; to provide for the
incorporation of farmer cooperative wineries and the granting of certain rights
and privileges to those cooperatives; to provide for the licensing and taxation
of activities regulated under this act and the disposition of the money received
under this act; to prescribe liability for retail licensees under certain
circumstances and to require security for that liability; to provide
procedures, defenses, and remedies regarding violations of this act; to provide
for the enforcement and to prescribe penalties for violations of this act; to
provide for allocation of certain funds for certain purposes; to provide for
the confiscation and disposition of property seized under this act; to provide
referenda under certain circumstances; and to repeal acts and parts of acts,”
(MCL 436.1101 to 436.2303) by adding section 609d.
(Filed with the Secretary of State on February 4, 2020, at 2:04 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
The
following message from the Governor was received and read:
HEATING REQUIREMENTS FOR A BUILDING USED AS A VIEWING
AREA FOR OUTDOOR SPORTING ACTIVITIES
February 4, 2020
Today I am returning Enrolled Senate Bill 294 to you without my
approval. This legislation was drafted because the Department of Licensing and Regulatory
Affairs denied an exemption to a planned press box facility because it did not
comply with the Construction Code. Michigan’s Construction Code creates a set
of basic standards that protect Michiganders from shoddy construction.
Legislation that makes construction in this state less safe for everyone is not
an appropriate response to a single license denial.
Moreover, bills like SB 294, which respond to license denials by
stripping our departments of regulatory authority, encourage disappointed applicants
to “appeal” to the legislature. Such piecemeal legislation undermines the
effectiveness of state government.
In light of these considerations, I am vetoing Enrolled Senate Bill 294.
Respectfully,
Gretchen
Whitmer
Governor
This bill was returned from the Governor on February 4, 2020, at 2:48
p.m.
Senator
MacGregor moved that the veto message be referred to the Committee on Government
Operations.
The motion prevailed.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed, a majority of the members serving voting therefor.
Senator MacGregor moved that the Senate recess subject to the call of
the Chair.
The motion prevailed, the time being 10:08 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senator Bumstead introduced the Fremont Packers boys
cross country team, MHSAA Division 2 state champions, and the Hart Pirates girls
cross country team, MHSAA Division 3 state champions; and presented them
with Special Tributes.
By
unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President, Lieutenant Governor Gilchrist,
designated Senator Polehanki 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 bill:
Senate Bill No. 171, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending section 1278a (MCL 380.1278a), as amended by 2018 PA 232.
The
bill was placed on the order of Third Reading of Bills.
By
unanimous consent the Senate proceeded to the order of
Resolutions
House
Concurrent Resolution No. 12.
Whereas, The Canadian Nuclear
Waste Management Organization has chosen the township of Huron-Kinloss and the
municipality of South Bruce in southern Ontario as one of two finalists for a
possible long‑term geological repository to bury and abandon Canada’s
radioactive spent nuclear fuel, the most dangerous nuclear waste. This proposed
area along the shores of Lake Huron is approximately 120 miles upstream from
the main drinking water intakes for southeast Michigan. Indeed, the Great Lakes
provide drinking water to 40 million people on both the United States and
Canadian borders; and
Whereas, The governments of
Canada and the United States, under the 2012
Protocol Amending the Agreement Between Canada and the United States of America
on Great Lakes Water Quality, acknowledge the importance of anticipating,
preventing, and responding to threats to the waters of the Great Lakes and
share a responsibility and an obligation to protect the Great Lakes from
contamination from various sources of pollution, including the leakage of
nuclear waste from a high-level underground nuclear waste repository; and
Whereas, When the nearby Bruce
Nuclear Generation Station was considered previously as a site for Canada’s
low- and intermediate-level radioactive nuclear waste, entities representing
over 23 million citizens passed numerous resolutions in the states of Michigan,
Illinois, Indiana, Minnesota, Wisconsin, Pennsylvania, New York, and Ohio, and
in the province of Ontario opposing any nuclear waste repository at the site; and
Whereas, Placing a deep
geological repository near the Great Lakes is a high-risk venture with the
potential of causing irreparable harm to millions of lives. Underground waste
repositories have leaked in the past, costing billions of dollars to repair. Germany,
for instance, is spending billions of dollars to dig up low- and
intermediate-level radioactive waste that was stored in a salt mine due to
leakage and other environmental concerns. In 2014, chemical reactions in a
steel barrel full of radioactive waste caused an explosion and fire at a low-
and intermediate-level underground waste site in Carlsbad, New Mexico causing a
cloud of radioactivity to be released at the surface. Not only did this put the
health and safety of the public at risk, it cost taxpayers $2 billion to clean
up and repair. As demonstrated, low- and intermediate-level facilities have
failed, and this high-level nuclear proposal provides no guarantee, whatsoever,
to keep radioactive waste from our environment; and
Whereas, Placing a permanent
high-level nuclear waste burial facility within the Great Lakes basin is
ill-advised. The potential damage to the Great Lakes from any leak or breach of
radioactivity far outweighs any benefits that could be derived from burying
high-level radioactive waste at this site. The ecology of the Great Lakes,
which is valuable beyond measure to the health and economic well-being of the
entire region, should not be placed at risk by storing high-level radioactive
waste within the Great Lakes watershed. Canada currently has an inventory of
almost 2.9 million used nuclear fuel bundles stored above ground in wet pools
and dry containers at the nuclear plant sites where the waste is generated,
constituting 128 million pounds of highly radioactive material—a number that is
growing; now, therefore, be it
Resolved by the House of
Representatives (the Senate concurring), That, in the strongest manner
possible, we oppose the Nuclear Waste Management Organization’s consideration
of placing a high-level nuclear waste repository on the shores of Lake Huron;
and be it further
Resolved, That we urge the United
States Congress to take every legal action possible to oppose the construction
of any underground high-level nuclear waste repository in the Great Lakes
basin; and be it further
Resolved, That we urge the
Canadian government to prohibit the siting and construction of a high-level
nuclear waste repository anywhere in the Great Lakes basin; and be it further
Resolved, That copies of this
resolution be transmitted to the Prime Minister of Canada, Canada’s Minister of
Environment and Climate Change, Canada’s Minister of Foreign Affairs, the
Premier of Ontario, the Canadian Nuclear Safety Commission, the Canadian
Environmental Assessment Agency, the Speaker of the United States House of
Representatives, the President of the United States Senate, the members of the
Michigan congressional delegation, and the United States Nuclear Regulatory
Commission.
The House of Representatives has adopted the concurrent resolution.
Senator MacGregor 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 concurrent resolution,
Senator MacGregor moved that the concurrent resolution be referred to
the Committee on Energy and Technology.
The motion prevailed.
Senate Concurrent Resolution No. 8
A concurrent resolution to declare Adverse Childhood Experiences (ACEs)
a critical health issue, commit the Legislature to action, and encourage the
Governor to direct agencies to assess and report progress on reducing ACEs.
(For text of resolution, see Senate Journal No. 46 of 2019, p. 471.)
The House of Representatives has adopted the concurrent resolution and
named Representatives Cherry, Crawford, Haadsma, Hope, Kuppa, Liberati, Warren
and Wittenberg as co-sponsors.
The concurrent resolution was referred to the Secretary for record.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senate Bill No. 778, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal
act,” by amending section 31 (MCL 205.731), as amended by 2008 PA 125.
The bill was read a first and second time by title and
referred to the Committee on Finance.
Senator McBroom introduced
A bill to amend 1976 IL 1, entitled “A petition to
initiate legislation to provide for the use of returnable containers for soft
drinks, soda water, carbonated natural or mineral water, other nonalcoholic
carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic
content, and for certain other beverage containers; to provide for the use of
unredeemed bottle deposits; to prescribe the powers and duties of certain state
agencies and officials; and to prescribe penalties and provide remedies,” by
amending sections 3a, 3b, and 3c (MCL 445.573a, 445.573b, and 445.573c),
section 3a as added by 1989 PA 148, section 3b as amended by 1998 PA 473, and
section 3c as amended by 1996 PA 384.
The bill was read a first and second time by title and
referred to the Committee on Natural Resources.
Senator Lucido introduced
A bill to amend 1975 PA 238, entitled “Child protection
law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.
The bill was read a first and second time by title and
referred to the Committee on Families, Seniors, and Veterans.
Senator Ananich introduced
A bill to amend 1993 PA 327, entitled “Tobacco products
tax act,” by amending sections 2, 7, and 12 (MCL 205.422, 205.427, and
205.432), section 2 as amended by 2012 PA 188, section 7 as amended by 2016 PA
86, and section 12 as amended by 2018 PA 639.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Bullock introduced
A bill to amend 1915 PA 31, entitled “Youth tobacco
act,” by amending the title and section 4 (MCL 722.644), as amended by 2019 PA
18, and by adding section 2d.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Runestad introduced
A bill to amend 1915 PA 31, entitled “Youth tobacco
act,” (MCL 722.641 to 722.645) by adding section 1a.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Theis introduced
A bill to amend 1915 PA 31, entitled “Youth tobacco
act,” by amending section 1 (MCL 722.641), as amended by 2019 PA 18.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Zorn introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending section 42b (MCL 750.42b), as added by 1992 PA 273.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Wojno introduced
A bill to amend 1971 PA 79, entitled “Age of majority
act of 1971,” by amending section 3 (MCL 722.53).
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senator Ananich introduced
A bill to amend 1893 PA 206, entitled “The general
property tax act,” by amending section 7d (MCL 211.7d), as amended by 2016 PA
78.
The bill was read a first and second time by title and
referred to the Committee on Finance.
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1092.
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.
Statements
The motion prevailed.
Senator
Johnson’s statement is as follows:
Please join me in welcoming the Davison Cardinals varsity football team
and coaches to the Senate. They are the proud 2019 high school football state
champions of Michigan.
2019 was their first-ever football state title so we’re really proud of
their work and their talent. They told me one of the winning things for them is
that they’re like an extended family. Each member of the 2019 team and their
amazing coaches have proved how to commit both to themselves and each other. It
was their talent, commitment, and passion that led this team to their state
title and to an impressive 12-2 season. All Cardinals will remember and
celebrate the 2019 season for years to come.
Each of you have done a truly impressive thing and we couldn’t be
prouder of each one of you. Go Cardinals!
Senator Geiss’ statement is as follows:
I rise today in recognition of the 27th anniversary of the Family
Medical Leave Act (FMLA). It was the first bill that then-President Clinton
signed into law and was authored by the former Congressman from my district, William
D. Ford, who, at the time, was from Taylor, Michigan.
We’ve made efforts here in Michigan to improve paid medical leave for
our residents, however, just like the FMLA, ours did not go far enough. There
are still many families who are not covered—who don’t have access to earned
paid sick time and time to care for their family members and other people
associated closely with them. So today as we recognize the 27th anniversary of
the Family Medical Leave Act, I hope that all of us throughout legislatures in
the country will look at how we can do better for our residents and ensure that
they have access to the healthcare they need.
Announcements
of Printing and Enrollment
The Secretary announced that the following
House bill was received in the Senate and filed on Tuesday, February 4:
House Bill No. 4577
The Secretary announced that the following
bills and resolutions were printed and filed on Tuesday, February 4, and are
available on the Michigan Legislature website:
Senate Bill Nos. 764 765 766 767 768 769 770 771 772 773 774 775 776 777
Senate Resolution Nos. 97 98
House Bill Nos. 5438 5439 5440 5441 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463
COMMITTEE ATTENDANCE REPORT
The Committee on Education and Career
Readiness submitted the following:
Meeting held on Tuesday, February 4, 2020, 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, February 4, 2020, at
1:00 p.m., Room 1200, Binsfeld Office Building
Present: Senators Outman (C), Daley, Johnson,
VanderWall, McBroom, Bayer and Brinks
Scheduled Meetings
Appropriations
and House Appropriations - Thursday,
February 6, 10:30 a.m., Room 352, House Appropriations, Capitol Building (517) 373-5307
Subcommittees -
Agriculture and Rural Development - Thursday, February 20, 3:00 p.m., Room 1300,
Binsfeld Office Building (517) 373-2768
Capital Outlay - Wednesday, February 12, 3:30 p.m., Room 352, House
Appropriations, Capitol Building (517) 373-2768
Community Health/Human Services - Wednesday, February 12, 12:30 p.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Justice and Public Safety - Thursdays, February 13, February 20, and
February 27, 1:00 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
K-12 and Michigan Department of Education - Thursday, February 13, 9:00 a.m., Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Labor and Economic Opportunity/MEDC - Tuesdays, February 11, February 18, February
25, and March 3, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Natural Resources and Environment, Great
Lakes, and Energy -
Tuesday, February 11, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Transportation - Tuesday, February 11, 12:00 noon, Harry T.
Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Economic and Small Business Development - Thursday, February 6, 12:00 noon, Room 1200, Binsfeld
Office Building (517) 373-1721
Energy and Technology - Tuesday, February 11, 2:00 p.m., Room 1100, Binsfeld
Office Building (517) 373-1721
Health Policy and Human Services - Thursday, February 6, 1:00 p.m., Room 1100, Binsfeld
Office Building (517) 373-5323
Judiciary and Public Safety - Thursday,
February 6, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Local Government - Thursday,
February 6, 1:30 p.m., Room 1200, Binsfeld Office Building (517) 373‑5314
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 10:31
a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Thursday, February 6, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate