STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, January 29,
2019.
10:00
a.m.
The
Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—excused 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—excused MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—excused VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Mike Shirkey of the 16th District offered the following invocation:
Heavenly
Father, we thank You for this glorious day. Yes, we chuckle on occasion at the
kinds of things You send our way and it just reminds us of the wonder and the
beauty of not knowing what You’re going to send us from one day to the next. We
thank You for the opportunity to serve in this capacity, both staff and support
personnel and, of course, my colleagues here in the Senate. We ask that You be
present today. Make Yourself and Your Holy Spirit especially present as we
consider and do the things that are consistent with Your will in our lives and
for the state of Michigan.
May this
day be a blessing to You, Lord; may this day be a blessing to You. Guide our
thoughts and our words, guard our hearts from this world. May this day be a
blessing, may our work be a blessing, may our lives be a blessing to You.
And all
God’s people said, Amen.
The President pro tempore, Senator Nesbitt, led the members of the
Senate in recital of the Pledge of
Allegiance.
Motions
and Communications
Senator Outman entered the Senate
Chamber.
The motion prevailed.
Senator MacGregor moved that Senator
McBroom be excused from today’s session.
The motion prevailed.
The motion prevailed.
Senator Chang moved that Senators
Ananich, Alexander and Bullock be excused from today’s session.
The motion prevailed.
Messages
from the Governor
The following messages from the Governor
were received and read:
January 25, 2019
I respectfully submit to the Senate,
pursuant to Section 213 of Act 317 of 1969, codified at MCL 418.218, and
Executive Orders 2009-53 and 2011-4, please be advised of the following
appointments and reappointments to office:
Workers’
Compensation Board of Magistrates
Mr. David DeGraw, a Republican, of 1110
Northwood, N.E., Grand Rapids, Michigan 49505, county of Kent, succeeding
Beatrice Logan whose term has expired, is appointed for a term commencing
January 27, 2019 and expiring January 26, 2023.
Mr. Michael Heck, a Democrat, of 3513
Shewood Drive, Troy, Michigan 48083, county of Oakland, succeeding Lisa Klaeren
whose term has expired, is appointed for a term commencing January 27, 2019 and
expiring January 26, 2023.
Mr. Phillip Della Santina, a Democrat, of
3116 Ridley Way, Howell, Michigan 48843, county of Livingston, succeeding Bryan
Boyle whose term has expired, is appointed for a term commencing January 27,
2019 and expiring January 26, 2023.
Mr. Emil Louis Ognisanti, a Republican, of
625 Westfield Drive, Saginaw, Michigan 48602, county of Saginaw, is reappointed
for a term expiring January 26, 2023.
Mr. Chris Slater, a Republican, of 1695
Flowers Mill Drive, N.E., Grand Rapids, Michigan 49525, county of Kent, is
reappointed for a term expiring January 26, 2023.
Mr. Luke McMurray, a Democrat, of 4197
East Cook Road, Grand Blanc, Michigan 48439, county of Genesee, is reappointed
for a term expiring January 26, 2023.
Mr. David Grunewald, a Democrat, of 1111
Torrey Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, is
reappointed for a term expiring January 26, 2023.
January 25, 2019
I respectfully submit to the Senate,
pursuant Section 7 of Article 2 of the State of Michigan Constitution of 1963,
please be advised of the following reappointments to office:
Board of
State Canvassers
Mr. Norman Shinkle, a Republican, of 2683
Donna Drive, Williamston, Michigan 48895, county of Ingham, is reappointed for
a term commencing February 1, 2019 and expiring January 31, 2023.
Ms. Julie Matuzak, a Democrat, of 84
Lodewyck Street, Mount Clemens, Michigan 48034, county of Macomb, is
reappointed for a term commencing February 1, 2019 and expiring January 31,
2023.
Respectfully,
Gretchen Whitmer
Governor
The appointments were referred to the
Committee on Advice and Consent.
Recess
Senator MacGregor 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 pro tempore, Senator Nesbitt.
By unanimous consent the Senate
returned to the order of
Motions and Communications
The following communication was received
and read:
Office of the Senate Majority Leader
January 29, 2019
Pursuant to Senate Rule 1.105 I hereby
announce the appointment of Senators to statutory committees for this the 100th
Legislature.
Legislative
Council - Senators Shirkey (C), Stamas,
Schmidt, Horn, Ananich and Chang.
Alternates: Senators Bizon, MacDonald and
Moss.
Legislative
Retirement Board of Trustees - Senators Stamas
and Wojno.
Library of
Michigan Board of Trustees - Senator
Victory.
Michigan
Commission on Uniform State Laws - Senators Lucido and Irwin.
Michigan
Law Revision Commission - Senators
Lucido and Chang.
Senate
Fiscal Agency Governing Board - Senators Shirkey (C), Stamas, Bumstead,
Ananich and Hertel.
Michigan
Council on Future Mobility - Senators
LaSata and Hollier.
If you have any questions regarding this
matter, please do not hesitate to contact me.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communication was referred to the
Secretary for record.
The following communication was received
and read:
Office of Senator Jim Stamas
January 24, 2019
Pursuant to M.C.L. 4.1501, I hereby
appoint the following Senators to the Michigan Senate Fiscal Agency Governing
Board:
• Senator
Jon Bumstead.
• Senator
Curtis Hertel Jr.
If you have any questions regarding this
matter, please do not hesitate to contact me.
Sincerely,
Sen.
Jim Stamas, Chair
Senate
Appropriations Committee
The communication was referred to the
Secretary for record.
Introduction and Referral of Bills
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending sections 6431 and 6452 (MCL 600.6431 and 600.6452).
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Wojno, Moss, Hertel, Chang,
Alexander, Outman, Bullock, Geiss, McMorrow, Polehanki and Bayer introduced
A bill to amend 2016 PA 343, entitled “Wrongful
imprisonment compensation act,” by amending section 7 (MCL 691.1757).
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Johnson,
Hollier, Irwin, Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer and Daley
introduced
A bill to create the address confidentiality program; to provide certain
protections for victims of domestic violence, sexual assault, stalking, or
human trafficking; to prescribe duties and responsibilities of certain state
departments; to require the promulgation of rules; to create a fund; to
prohibit the disclosure of certain information and obtaining a certification
under this act by fraud; and to prescribe penalties.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Barrett, Johnson, Hollier, Irwin,
Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer and Daley introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by
amending sections 509q, 758, 759, and 761
(MCL 168.509q, 168.758, 168.759, and 168.761), section 509q as amended by 2012
PA 586, section 758 as amended by 1996 PA 207, section 759 as amended by
2012 PA 523, and section 761 as amended by 2018 PA 129, and by adding sections 499b
and 735a.
The bill was read a first and second time by title and referred to the
Committee on Elections.
Senators Johnson, Hollier, Irwin, Chang,
Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending section 1136 (MCL 380.1136), as added by 2016 PA 367.
The bill was read a first and second time by title and referred to the
Committee on Education and Career Readiness.
Senators Chang, Johnson, Hollier, Irwin,
Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending sections 40b, 307, 310, and 314 (MCL 257.40b, 257.307, 257.310, and
257.314), section 40b as amended by 2012 PA 498, sections 307 and 310 as amended by 2018 PA 177, and section 314
as amended by 2011 PA 159, and by adding section 310f.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Geiss, Johnson,
Hollier, Irwin, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer and Daley
introduced
A bill to amend 2008 PA 23, entitled “Enhanced driver license and
enhanced official state personal identification card act,” by amending section
4 (MCL 28.304), as amended by 2018 PA 47.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Theis, Johnson, Hollier, Irwin,
Chang, Wojno, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley introduced
A bill to amend 1972 PA 222, entitled “An act to provide for an official
personal identification card; to provide for its form, issuance and use; to
regulate the use and disclosure of information obtained from the card; to
prescribe the powers and duties of the secretary of state; to prescribe fees;
to prescribe certain penalties for violations; and to provide an appropriation
for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a,
and 28.292), sections 1 and 2 as amended by 2018 PA 176 and section 1a as
amended by 2008 PA 31, and by adding section 2a.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators LaSata, Johnson, Hollier, Irwin,
Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley
introduced
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as
amended by 2000 PA 112 and section 1307a as amended by 2012 PA 69.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Runestad, Lucido, Johnson and Horn
introduced
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 20199 (MCL 333.20199) and by adding section 21788.
The bill was read a first and second time by title and referred to the
Committee on Health Policy and Human Services.
Senators Wojno, Hertel, Alexander, Hollier,
McMorrow, Bullock, Geiss, Polehanki and Chang introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by
amending sections 560, 568, 706, 736b, 736c, 736d, 736e, 736g, 764, and 764a
(MCL 168.560, 168.568, 168.706, 168.736b, 168.736c, 168.736d, 168.736e,
168.736g, 168.764, and 168.764a), sections 560, 568, 706, and 764a as amended
and sections 736g and 764 as added by 2012 PA 128 and sections 736b, 736c,
736d, and 736e as amended by 2018 PA 190.
The bill was read a first and second time by title and referred to the
Committee on Elections.
Senators Wojno, Hertel, Hollier, McMorrow,
Bullock, Geiss, Polehanki and Chang introduced
A bill to amend 1954 PA 116, entitled “Michigan election law,” by
amending section 759a (MCL 168.759a), as amended by 2012 PA 523.
The bill was read a first and second time by title and referred to the
Committee on Elections.
Statements
Senator Hollier asked and was
granted unanimous consent to make a statement and moved that the statement be
printed in the Journal.
The motion prevailed.
Senator Hollier’s statement is as follows:
We lost a member of our family. Joy
Brickerson, who was a Senate staffer in the 2nd Senate District and served here
for about two years, passed early last week of Lupus. She was very young in her
20s.
Many of you may not know what Lupus is and
you would not be in a small majority, about 74 percent of people don’t know or
have never heard of Lupus. It disproportionately affects black women and
particularly women of color. Being almost three and half times more likely to
affect black women than non-black women.
This is somebody who spent her very short
life serving us. Right out of school she decided to come intern in the
Legislature. She got a full-time job where she focused on serving constituents
much like all of your staff. She was the type of person that when people called
the office they didn’t call looking for the Senator or for other people, they
called asking for Joy, not always for something that was bothering them, but to
call back and say, “Thank you.” If any of you have ever answered the phone in
your office, the amount of thank yous that you get is very small, but that was
almost half the calls she got because she made it really matter with people,
she made a personal connection, and she called to check in. When she helped
constituents, she knew them, they knew her, and she followed up.
She left for a time here at the Senate and
was in law school. While in law school, while working part time, she also
interned with Judge Denise Page Hood who is the chair of the Federal Circuit in
Detroit, and she continued the work that she did. The experiences that she had
working in the Legislature led her to a career in law where she could help
people who called every day and were without help. Knowing that their problems
were bigger than the solutions that she had, she committed to doing better for
those folks.
I just ask that you all think about her
this week as you respond to constituents, and as you get phone calls you try to
channel a little bit of her, because when Joy answered the phone, you felt like
somebody cared and it mattered. This week her family is trying to deal with the
loss of somebody who not only can’t be replaced, but it’s hard to be sad when
you think about her. Somebody who was always there, who was always happy, and
she tried to make you that way.
A moment of silence was observed in memory
of Joy Brickerson, former Senate employee.
Announcements
of Printing and Enrollment
The Secretary announced that the
following bills, joint resolution, and resolutions were printed and filed on Thursday,
January 24, and are available on the Michigan Legislature website:
Senate Bill Nos. 59 60 61 62 63 64 65 66 67
Senate Resolution Nos. 7 8
House Bill Nos. 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095
House
Joint Resolutio n C
Committee Reports
The Committee on Judiciary and Public
Safety reported
Senate Bill No. 2, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 7523 (MCL 333.7523), as
amended by 2016 PA 418, and by adding section 7521a.
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, Johnson, 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, January 24, 2019, at 8:30 a.m., Room 1300, Binsfeld Office
Building
Present:
Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Advice and Consent - Wednesday, January 30, 4:00 p.m.,
Room 1100, Binsfeld Office Building and Thursday, January 31, 12:00 noon, Room
1300, Binsfeld Office Building (373-5312)
Agriculture - Thursday, January 31, 8:30 a.m.,
Room 1200, Binsfeld Office Building (373-5314)
Criminal Justice Policy Commission - Wednesday, February 6, 9:00 a.m.,
Senate Hearing Room, 1st Floor, Boji Tower (373-0212)
Families, Seniors, and Veterans - Wednesday, January 30, 3:00 p.m.,
Rooms 402 and 403, Capitol Building (373-1721)
Insurance and Banking - Wednesday, January 30 (CANCELED)
and Wednesday, February 6, 8:30 a.m., Room 1100, Binsfeld Office Building
(373-5314)
Judiciary and Public
Safety - Thursday, January 31, 8:30 a.m., Room 1100, Binsfeld Office Building
(373-5312)
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:01 a.m.
The
President pro tempore, Senator Nesbitt, declared the Senate adjourned until
Wednesday, January 30, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate