STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

Senate Chamber, Lansing, Wednesday, March 13, 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—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—present

Geiss—present McMorrow—present Wojno—present

Hertel—present Moss—present Zorn—present

Hollier—present Nesbitt—present

Leader Tejkiran Singh of the Gurdwara Singh Sabha of Canton offered the following invocation:

You are Lord. To you, I offer my prayer. My body and my soul are Your property and Your blessing. You are our mother and You are our father; we all are Your children. In Your grace, there are countless joys and pleasures. No one knows your limits; how big Your creation is.

O highest of the high, most generous God, You have connected all of your creation—this entire universe—through You as a thread through beads of garland. All accept and obey Your command. Only You and You know your state and extent.

Servant Nanak is always and always grateful to You. Servant Nanak is always and always grateful to You. They who belong to You will always be successful.

Thank you everybody.

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 Chang moved that Senator Bayer be excused from today's session.

The motion prevailed.

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.

11:01 a.m.

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

General Orders

Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Stamas 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:

Senate Bill No. 29, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as amended by 2016 PA 488.

Senate Bill No. 30, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2018 PA 374.

The bills were placed on the order of Third Reading of Bills.

Resolutions

Senator MacGregor moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 22

Senate Resolution No. 23

The motion prevailed, a majority of the members serving voting therefor.

Senators Bizon, Barrett, Outman, Hollier, Nesbitt, Daley, Chang, Johnson, Stamas, Victory, Theis, Horn, Lauwers, VanderWall, Bumstead, MacDonald, MacGregor, Ananich, Moss, Lucido, Santana, Zorn, Runestad, McBroom, Schmidt, LaSata, Alexander, Bullock, McCann, McMorrow, Polehanki and Irwin offered the following resolution:

Senate Resolution No. 22.

A resolution to commemorate the 100th Anniversary of the American Legion.

Whereas, A group of World War I service members gathered in Paris, France on March 15, 1919 to organize a new veteran service organization; and

Whereas, The American Legion has been a staunch advocate for veterans and their families since 1919; and

Whereas, The American Legion began its journey when Colonel Fred M. Alger was appointed Chairman of the Michigan Temporary Committee of the New York meeting which met under the leadership of Theodore Roosevelt Jr.; and

Whereas, The American Legion of the Department of Michigan held its first meeting in the Hotel Statler in St. Louis, Missouri; and

Whereas, The American Legion of the Department of Michigan was then divided according to Congressional Districts with George C. Waldo as Temporary Chairman, Benjamin B. Bellows as Temporary Vice Commander, and Lyle B. Tabor Temporary Adjutant; and

Whereas, The American Legion Department of Michigan was incorporated under a State Charter and headquartered in Detroit. The headquarters relocated to Lansing in 1974, while maintaining a Veterans Affairs & Rehabilitation office in Detroit; and

Whereas, The American Legion Department of Michigan has fulfilled the Legion’s mission since 1919 through programs such as Boys State, Scouting, an American Legion Hospital, American Legion Children’s Home, the American Legion Riders, Baseball, Accredited Veteran Service Officers, and many others throughout the decades; and

Whereas, The American Legion was founded on the four pillars of care for veterans, a strong national defense, Americanism, as well as our children and youth; and

Whereas, The American Legion has played a leading role in initiatives and breakthroughs that have affected the lives of Americans in every community, from the United States Flag Code to the GI Bill; and

Whereas, The American Legion is celebrating its centennial anniversary on March 15, 2019 and we want to thank The American Legion Department of Michigan and the veterans it serves for one hundred years of dedicated service and commitment to all Michigan Veterans; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate the 100th Anniversary of the American Legion and honor all 56,567 members who live in the state of Michigan and the 2 million members who live in the United States; and be it further

Resolved, That copies of this resolution be transmitted to the American Legion’s Commander of the Department of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Brinks, Geiss, Hertel, Shirkey and Wojno were named co-sponsors of the resolution.

Senator Hertel offered the following resolution:

Senate Resolution No. 23.

A resolution to commemorate March 15, 2019, as Biggby Coffee Day.

Whereas, The state of Michigan seeks to support small business owners and the difference they make in their communities; and

Whereas, We acknowledge the impact that Biggby Coffee, and its more than 200 stores and 100 different locally-owned and operated franchise owners have had on the state and beyond, from St. Joseph to Marquette and from Grand Rapids to Detroit; and

Whereas, These small business owners employ thousands of Michigan citizens and support all of their baristas in pursuing a life they love; and

Whereas, They stress that every cup of Biggby Coffee supports not just the coffee shop, but its Michigan-based roasting partner, Paramount Coffee, in addition to more than a dozen other Michigan companies through professional services, co-branding, and distribution; and

Whereas, Biggby Coffee has served and caffeinated the halls of this Capitol for two decades; now, therefore, be it

Resolved by the Senate, That members of this legislative body commemorate March 15, 2019, as Biggby Coffee Day; and be it further

Resolved, That we urge the state of Michigan to honor the anniversary of the founding of Biggby Coffee while also recognizing their achievements.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Alexander, Ananich, Brinks, Bullock, Chang, Geiss, Horn, MacGregor and Santana were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators MacDonald and Lucido introduced

Senate Bill No. 203, entitled

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 bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

Senators Runestad, Barrett, Victory and MacDonald introduced

Senate Bill No. 204, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA 31.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

Senator Hertel introduced

Senate Bill No. 205, entitled

A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2020; to provide anticipated appropriations for the fiscal year ending September 30, 2021; to provide for certain conditions on appropriations; 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

Senate Bill No. 206, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 95a, 98, 99h, 99s, 101, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 160, 201, 206, 207a, 207b, 207c, 209, 209a, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 242, 245, 251, 252, 256, 263, 264, 265, 265a, 265b, 265d, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1760, 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810b, 388.1817, 388.1825, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1851, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865d, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874c, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1889), sections 4 and 8b as amended and section 160 as added by PA 108 of 2017, sections 6, 11, 18, 31a, 31j, 32d, 35a, 39a, 99h, 101, and 265 as amended and section 31n as added by PA 586 of 2018 sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31d, 31f, 32p, 39, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 98, 99s, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended and sections 54d, 209a, 265b, and 265d as added by PA 265 of 2018, section 95a as amended by PA 85 of 2015, section 242 as amended by PA 201 of 2012, and by adding sections 28 and 231; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

House Bill No. 4112, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 905a.