STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, April 16, 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—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—excused 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—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
Pastor
John Kenny of First Reformed Church of Grand Haven offered the following
invocation:
Father in heaven, I give You thanks for this day and everyone gathered
here. None of us were promised today, so the simple fact that we are here and
breathing the air in this room is a gracious and extraordinary gift from You. I
pray that none of us would take it for granted, but use it to serve each other
and to do Your will. I give thanks that each person here is uniquely made in
Your image and is valuable to You beyond measure. Lord, give each person in
this Senate the ability to see others not just as allies or adversaries but as
fellow humans—as moms and dads, sons and daughters—and as people who need as
much grace as we do. I thank You, Lord, for the skill and the intellect and
experience gathered in this single room. May they use it well to fulfill the
sacred trust we, the citizens of Michigan, have put in them to lead our
government. I pray that every Senator would lead with great humility,
acknowledging that no man or woman is deserving of such a high calling as to be
the voice of 10 million.
We give You thanks, Lord, for the beautiful land that is our home—from
the shimmering lakes to the majestic forests, to the sweeping dunes, to the
rich farmland. You have blessed us with a place that is abundant in beauty and
resources, yet in this great state of Michigan, we have many needs and we put
those before You now.
We pray for the many affected by poverty, those who are hungry, those
without homes, communities where despair and hopelessness reign. Lord, we pray
for Gold Star families who have lost what they love most in defense of this
great nation. Lord we pray for all families. We pray for a state filled with
strong marriages and children who are deeply loved. Lord, we pray for those
without families. We think of all the children in the foster care system, so
desperate to find a place to belong. Lord, we pray for the vulnerable and
defenseless at every stage of life. May this body of Senators be a voice for
all of them.
Lord, we pray for our schools and teachers. We pray that schools may be
a safe place and harm would not fall upon a single student. We pray for those
who are serving in our armed forces for our nation and for our state. We pray
for law enforcement officers who face great danger. Lord we pray for strength,
protection, and compassion, and wisdom in split-second decisions.
Lord, we pray for our prison system, those in it, and families affected
by those who are in it. Lord, we pray for those inmates that there might be a
restoring and a renewing in their life and they may be reintroduced into our
society. Lord, we pray for our hospitals and health care system, that a fair
solution might be met that meets our needs not just in Michigan but across our
nation.
Lord, we pray for social workers and all the nonprofits who are laboring
endlessly, seeking to help others. We pray, Lord, that they might have the full
measure of resources and support they deserve. Lord, we pray for the economy.
We pray for jobs. We ask that every citizen might have the dignity of honest
and meaningful work and the opportunity to provide for themselves and those
they love.
Lord, these are complex problems and we confess that there is no one in
this room who has all the answers or who understands every situation perfectly.
It is beyond our ability, and so we turn to You. I pray that You would give
this body of leaders wisdom and courage and a spirit of cooperation. May the
decisions made by this Senate be responsible, fair, and built upon the
foundation of the common good. May they always be led by a sense of what is right
and just, and not convenient, easy, or popular. Together, Lord, may we all
stand united as one people, bound together not merely by our laws but by our
love for our fellow man and the pursuit of a better and brighter tomorrow.
Thank You for being the God who is with us and for hearing our prayer
this morning. In Your perfect and holy name. Amen.
The President pro tempore, Senator Nesbitt, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
MacGregor moved that Senators Johnson and McBroom be excused from today’s
session.
The motion prevailed.
The
following communication was received and read:
Office of the Auditor General
April 10, 2019
Enclosed is a copy of the following report:
• Performance audit report on the Michigan
National Guard State Tuition Assistance Program, Department of Military and
Veterans Affairs (511-0400-18).
Sincerely,
Doug
Ringler
Auditor
General
The audit report was referred to the Committee on Oversight.
The following communication was received:
Office of Senator Rosemary Bayer
April 9, 2019
Per Senate Rule 1.110(c), I am requesting that my name be added as a
co-sponsor to the following bills:
• Senate Bill 217 introduced on March 14, 2019
by Senator Theis.
• Senate Bill 218 introduced on March 14, 2019
by Senator Johnson.
• Senate Bill 219 introduced on March 14, 2019
by Senator Lucido.
• Senate Bill 220 introduced on March 14, 2019
by Senator Geiss.
• Senate Bill 228 introduced on March 19, 2019
by Senator Runestad.
• Senate Bill 248 introduced on March 21, 2019
by Senator Johnson.
Sincerely,
Rosemary
Bayer
12th
Senate District
State
Senator
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Curtis Hertel, Jr.
April 11, 2019
I am writing to request my addition in co-sponsorship of Senate Bill
228, sponsored by Senator Runestad.
Please feel free to contact me if you need any further information.
Sincerely,
Curtis
Hertel Jr.
State
Senator
District
23
The communication was referred to the Secretary for record.
Messages from the Governor
The
following message from the Governor was received on April 11, 2019, and read:
EXECUTIVE ORDER
No. 2019-08
Declaration of State of Emergency
Beginning on March 14, 2019, Newaygo County experienced heavy rainfall
and significant snowmelt, which resulted in widespread flooding, damaged homes,
displaced residents, and washed out roadways. Due to these conditions,
additional actions are necessary to protect public health, safety, and
property.
On March 15, 2019, the chief executive official of the Newaygo County
Board of Commissioners declared a local state of emergency. Newaygo County has
taken several actions to cope with the impacts of the incident, including but
not limited to, declaring a local state of emergency, activating the disaster
or emergency response and recovery aspects of their emergency operations plan,
issuing emergency public information, and providing relief and supplies to
flood-stranded individuals. Local resources have been insufficient to address
the situation and the assistance of voluntary organizations and the state are
required to protect public health, safety, and property, and to lessen or avert
the threat of more severe and persisting impacts to the community. Local
resources are insufficient to respond to the extreme flooding under the current
conditions. State assistance and other outside resources are necessary to
effectively respond to, and recover from, the impacts of flooding.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the
executive power of the State of Michigan in the governor. Under the Emergency
Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall,
by executive order or proclamation, declare a state of emergency if he or she
finds that an emergency has occurred or that the threat of an emergency exists.”
Therefore, acting pursuant to the Michigan Constitution of 1963 and
Michigan law, including the Emergency Management Act, 1976 PA 390, as amended,
MCL 30.401 to 30.421, I order the following:
1. A state of emergency is declared for the county of Newaygo.
2. The Emergency Management and Homeland Security Division of the
Department of State Police shall coordinate and maximize all state efforts and
may call upon all state departments to utilize available resources to assist in
the designated area pursuant to the Michigan Emergency Management Plan.
3. The state of emergency is terminated at such time as the threats to
public health, safety, and property caused by the emergency no longer exist,
and appropriate programs have been implemented to recover from the effects of
this emergency, but in no case later than April 16, 2019, unless extended as
provided by the Emergency Management Act.
Date: March 19, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the Committee on Government
Operations.
The following message from the Governor was received on April 11, 2019,
and read:
EXECUTIVE ORDER
No. 2019-09
The Governor’s Educator Advisory
Council
Department of Education
A robust and effective public education system is critical to the
well-being and success of this state, its residents, and its economy.
The educators who work in the state’s public education system, and whose
diligence and dedication make the system run every day, are uniquely qualified
to provide insight and guidance regarding the system’s effectiveness and improvement.
Section 1 of article 5 of the Michigan Constitution of 1963 vests the
executive power of the State of Michigan in the governor.
Section 8 of article 5 of the Michigan Constitution of 1963 obligates
the governor to take care that the laws be faithfully executed.
Acting pursuant to the Michigan Constitution of 1963 and Michigan law, I
order the following:
1. Creating the Governor’s Educator Advisory Council
(a) The Governor’s Educator Advisory Council (“Council”) is created as
an advisory body within the Department of Education (“Department”).
(b) The Council shall consist of 15 voting members appointed by the
governor and shall include individuals representing various roles in Michigan’s
public education system, such as teachers, administrators, counselors,
specialists, and support staff.
(c) One of these 15 voting members appointed by the governor shall be
the Michigan Teacher of the Year.
(d) Of the members of the Council initially appointed by the governor
under section 1(b), 4 members shall be appointed for a term of 4 years; 4
members shall be appointed for a term of 3 years; 3 members shall be appointed
for a term of 2 years; and 3 members shall be appointed for a term of 1 year.
After these initial appointments, members shall be appointed for a term of 4
years. The member of the Council appointed by the governor under 1(c) shall
serve a term of 1 year beginning on September 1 of the year in which the award
was announced.
(e) A vacancy on the Council created other than by the expiration of the
term of a member of the Council shall be filled in the same manner as the
original appointment, for the remainder of the unexpired term. A member of the
Council may be reappointed for additional terms.
2. Charge to the Council
(a) The Council shall act in an advisory capacity to the governor.
(b) The Council shall review and make recommendations regarding
legislation relevant to this state’s public education system.
(c) In addition, the Council shall do the following at the governor’s
request:
(1) Identify and analyze issues impacting the effectiveness of Michigan’s
public education system;
(2) Identify best practices in public education and recommend
corresponding changes and improvements to Michigan’s public education system;
and
(3) Provide other information or advice relevant to public education.
3. Operations of the Council
(a) The Department shall assist the Council in the performance of its
duties and provide personnel to staff the Council. The budgeting, procurement,
and related management functions of the Council shall be performed under the
direction and supervision of the superintendent of public instruction (“Superintendent”).
(b) The Council shall adopt procedures, consistent with this order and
applicable law, governing its organization and operations.
(c) The Council shall comply with the Freedom of Information Act, 1976
PA 442, as amended, MCL 15.231 to 15.246.
(d) The Council shall comply with the Open Meetings
Act, 1976 PA 267, as amended, MCL 16.261 to 15.275.
(e) The governor shall designate the chairperson or co-chairpersons of
the Council.
(f) The Council may select from among its members a vice chairperson.
(g) The Council shall meet at the call of its chairperson(s) and as
otherwise provided in the procedures adopted by the Council.
(h) A majority of the members of the Council serving constitutes a
quorum for the transaction of the business of the Council. The Council must act
by a majority vote of its serving members.
(i) The Council may
establish advisory workgroups composed of individuals or entities participating
in Council activities or other members of the public as deemed necessary by the
Council to assist it in performing its duties and responsibilities. The Council
may adopt, reject, or modify any recommendations proposed by an advisory
workgroup.
(j) The Council may, as appropriate, make
inquiries, studies, and investigations, hold hearings, and receive comments
from the public. The Council also may consult with outside experts in order to
perform its duties, including experts in the private sector, organized labor,
government agencies, and at institutions of higher education.
(k) The Council may hire or retain contractors, sub-contractors,
advisors, consultants, and agents, and may make and enter into contracts
necessary or incidental to the exercise of the powers of the Council and the
performance of its duties as the Superintendent deems advisable and necessary,
consistent with this order and applicable law, rules and procedures, subject to
available funding.
(l) The Council may accept
donations of labor, services, or other things of value from any public or
private agency or person. Any donations shall be received and used in
accordance with law.
(m) Members of the Council shall serve without compensation. Members of
the Council may receive reimbursement for necessary travel and expenses
consistent with applicable law, rules, and procedures, subject to available
funding.
(n) Members of the Council shall refer all legal, legislative, and media
contacts to the Executive Office of the Governor.
4. Implementation
(a) All departments, committees, commissioners, or officers of this
state shall give to the Council, or to any member or representative of the
Council, any necessary assistance required by the Council, or any member or
representative of the Council, in the performance of the duties of the Council
so far as is compatible with their duties and consistent with this order and
applicable law. Free access also must be given to any books, records, or documents
in their custody relating to matters within the scope of inquiry, study, or
review of the Council, consistent with applicable law.
(b) Nothing in this order shall be construed to diminish the
constitutional authority of the State Board of Education pursuant to section 3
of article 8 of the Michigan Constitution of 1963.
(c) This order is not intended to abate a proceeding commenced by,
against, or before an officer or entity affected by this order. A proceeding
may be maintained by, against, or before the successor of any officer or entity
affected by this order.
(d) If any portion of this order is found to be unenforceable, the
unenforceable provision should be disregarded and the rest of the order should
remain in effect as issued.
(e) This order is effective upon filing.
Given under my hand and the great seal of the State of Michigan.
Date: April 11, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the Committee on Government
Operations.
The
following messages from the Governor were received and read:
April 12, 2019
I respectfully submit to the Senate the following
appointments to office pursuant to Act 232 of 1965, MCL 290.657:
Michigan Apple Committee
Mrs. Kimberly A. Kropf of 12104 4 Mile Road,
N.E., Lowell, Michigan 49331, county of Kent, succeeding Tony R. Blattner whose
term has expired, appointed to represent District 3 growers for a term
commencing April 12, 2019 and expiring April 1, 2022.
Mr. Caleb J. Coulter of 2112 West Grant Road, New Era, Michigan 49446,
county of Oceana, succeeding Arthur Lister whose term has expired, appointed to
represent District 4 growers for a term commencing April 12, 2019 and
expiring April 1, 2022.
April 12, 2019
I respectfully submit to the Senate the following appointment to office pursuant
to Executive Order No. 2010-2:
Michigan Finance Authority Board
of Directors
Mr. Luke A. Forrest, a Democrat, of 229 Crest
Avenue, Ann Arbor, Michigan 48103, county of Washtenaw,
succeeding Donald H. Gilmer who has resigned, appointed to represent residents
of the state with experience in natural resources and environmental issues or
relating to public finance for a term commencing April 12, 2019 and expiring
September 30, 2020.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to the Committee on Advice and Consent.
Messages from the House
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 House of Representatives has passed the bill, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for
enrollment printing and presentation to the Governor.
Recess
Senator MacGregor moved that the Senate recess subject to the call of
the Chair.
The motion prevailed, the time being 10:14 a.m.
The Senate was called to order by the President pro tempore, Senator
Nesbitt.
By
unanimous consent the Senate proceeded to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Nesbitt,
designated Senator Moss 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. 106, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending
the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as
amended by 2006 PA 236, and by adding sections 2b and 2c.
Substitute (S-1)
Senate Bill No. 155, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco
act,” (MCL 722.641 to 722.645) by adding sections 2b and
2c.
Substitute (S-1)
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senate Resolution No. 34
Senate Resolution No. 35
The motion prevailed, a majority of the members serving voting therefor.
Senators
Schmidt, LaSata,
Outman, Santana, Polehanki, Wojno,
Victory, Irwin, Lucido, Bizon,
Zorn, MacDonald, Runestad, Johnson, Ananich, Hollier, Chang and Horn offered the following
resolution:
Senate Resolution No. 34.
A
resolution to recognize April 24, 2019, as Suits and Sneakers® Day.
Whereas, The Coaches vs. Cancer program is a nationwide
collaboration between the American Cancer Society and the National Association
of Basketball Coaches, leveraging the personal experiences, community
leadership, and professional excellence of coaches nationwide to increase
cancer awareness and promote healthy living through year-round awareness
efforts, fundraising activities, and advocacy programs; and
Whereas,
The American Cancer Society saves lives and creates a world with more birthdays
by helping people stay well, get well, find cures, and fight back in
partnership with its nonpartisan advocacy affiliate, the American Cancer
Society Cancer Action Network; and
Whereas,
More than 58,000 Michiganders will be newly-diagnosed with cancer in 2019; and
Whereas,
Cancer patients face countless challenges associated with their diagnoses,
including physical, emotional, financial, and day-to-day challenges; and
Whereas,
Since 1993, coaches and their supporters have raised more than $87 million for
the American Cancer Society to help make the American Cancer Society’s services
and programs available to those who need them the most; and
Whereas,
During January 21-27, 2019, the Coaches vs. Cancer Suits And Sneakers®
Awareness nationwide effort united coaches across the country to wear sneakers
with their game attire while coaching games. Similarly, it also encouraged
lawmakers and others to wear suits and sneakers to raise awareness about the
fight against cancer, share the importance of nutrition and physical activity
in reducing one’s cancer risk, and promote the American Cancer Society as a
resource for help and support; and
Whereas,
The Coaches vs. Cancer Suits And Sneakers® effort saw Michigan coaches join
together with their fellow coaches nationwide, as well as thousands of
volunteers for the American Cancer Society and the American Cancer Society
Cancer Action Network, to advocate on behalf of cancer patients, survivors, and
caregivers so that one day cancer will be eliminated as a major public health
issue; now, therefore, be it
Resolved
by the Senate, That the members of this legislative body recognize April 24,
2019, as Suits and Sneakers® Day; and be it further
Resolved,
That we urge all Michiganders to use this day as an opportunity to educate
themselves about cancer and take proactive steps to reduce their risks and get
appropriate screenings.
The
question being on the adoption of the resolution,
Senator
Santana offered the following resolution:
Senate Resolution No. 35.
A
resolution to designate April 2019 as Sexual Assault Awareness Month.
Whereas,
Sexual Assault Awareness Month calls attention to widespread sexual violence
that impacts women, children, and men of all racial, cultural, and economic
backgrounds; and
Whereas,
The term sexual assault refers to sexual contact or behavior that occurs
without explicit consent of the victim; and
Whereas,
According to a survey from the National Institute of Justice (NIJ) and Centers for Disease Control and Prevention
entitled, “Prevalence, Incidence, and Consequences of Violence Against Women,”
one out of every six American women has been the victim of an attempted or
completed rape in her lifetime and approximately three percent of American men,
or 1 in 33, have experienced an attempted or completed rape in their lifetime;
and
Whereas, From 2009-2013, Child Protective Services (CPS) agencies found
strong evidence that 63,000 children a year were victims of sexual abuse
and a majority of child victims are ages 12-17. Of victims under the age of 18,
34 percent of victims of sexual assault and rape are under the age of 12 and 66
percent of victims of sexual assault and rape are ages 12-17. Child sexual
abuse prevention must be a priority to confront this reality; and
Whereas,
Michigan State Police statistics also indicate that 11,873 sexual assault
related offenses were reported in 2013; and
Whereas,
Sexual violence can deeply and enduringly impact survivors on psychological,
emotional, and social levels; and
Whereas,
Ninety-four percent of women who are raped experience post-traumatic stress
disorder (PTSD) symptoms during the two weeks following the rape and
approximately 70 percent of rape or sexual assault victims experience moderate
to severe distress, a larger percentage than for any other violent crime
studied in the “National Crime Victimization” survey by the Bureau of Justice
Statistics. Access to informed and supportive services can greatly increase
survivors’ ability to heal from sexual assault; and
Whereas,
Sexual violence is an intolerable violent crime with public health implications
for every person. Our state and individual communities must be committed to
holding sexual assault perpetrators accountable for their heinous crimes; and
Whereas,
When we actively increase education, awareness, and community involvement, we
can help prevent sexual violence and create a safer environment for everyone.
We must work together to educate our entire population about what can be done
to prevent sexual assault, support survivors, and ensure that all survivors are
not re-victimized; now, therefore, be it
Resolved
by the Senate, That the members of this legislative body designate April 2019
as Sexual Assault Awareness Month; and be it further
Resolved,
That we strongly support the efforts of national, state, and local partners,
and of every citizen, to actively engage in public and private efforts to
prevent sexual violence, while also taking appropriate action and supporting
one another to create a safer environment for all.
The
question being on the adoption of the resolution,
Senators
Alexander, Ananich,
Bayer, Brinks, Bullock, Chang, Geiss, Hertel, Hollier, Lucido,
MacDonald, McCann, McMorrow, Moss, Polehanki, Runestad and Wojno were named
co-sponsors of the resolution.
The motion prevailed.
Senator
Santana’s statement is as follows:
Colleagues, I rise today to express my support for this resolution that
recognizes April as Sexual Assault Awareness Month.
This topic is a tough issue, no doubt and I wish that we did not have to
be here to recognize it in such a manner. It’s hard and it’s heavy but we must talk
about it. Sexual assault and sexual violence are very serious issues prevalent
across all of our communities, regardless of your zip code.
In February, the Detroit Free
Press reported, “across the board, crime in Detroit is down…except for
rape.” They also said, “The number of rapes reported to Detroit police in 2018
spiked 28 percent, to 894 last year, from 697 in 2017.”
This isn’t just happening in the big cities. Closer to here, we have a
major university just up the road where, tragically, hundreds of young women
were abused by a man they thought they could trust—a doctor, no less. The
sister survivors are not alone in their struggle—not on my watch while I’m in
this chamber. I’ll have their backs on this issue each and every time we have
the opportunity not to just talk about this, but to do something.
There’s research data that underscores the importance of all of us
raising awareness about sexual assault. The National Sexual Violence Research
Center has found that one in five women and one in 16 men reported being
sexually assaulted while in college.
As legislators, it is incredibly important that we proactively fight
back against sexual assault in our communities. We can pass legislation such as
“‘yes’ means ‘yes’” affirmative consent bills introduced by my colleague from
the 23rd District.
If we want to end sexual assault, this starts with recognition and
education. We simply must do our best to eliminate sexual violence from our
society. I hope this resolution continues to be a part of a bigger, more
important, and necessary conversation.
Introduction and Referral of Bills
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a
as amended by 2018 PA 232 and section 1278b as amended by 2018 PA 230.
The bill was read a first and second time by title and referred to the
Committee on Education and Career Readiness.
Senator Ananich introduced
A bill to establish a tuition
assistance program for certain undergraduate students in this state attending
certain colleges, universities, and junior and community colleges; to provide
for the administration of the tuition assistance program; and to prescribe
certain powers and duties of certain state officers, agencies, and departments.
The bill was read a first and
second time by title and referred to the Committee on Appropriations.
Senator Horn introduced
A bill to establish a financial aid
program for certain residents of this state seeking associate degrees or
industry-recognized certificates or credentials from certain educational and
jobs training programs; to provide for the administration of the financial aid
program; and to prescribe certain powers and duties of certain state officers,
agencies, and departments.
The bill was read a first and
second time by title and referred to the Committee on Appropriations.
Senators Geiss, Hollier, Alexander, Bullock, Lucido,
Ananich, Chang and Polehanki
introduced
A bill to amend 1941 PA 122,
entitled “An act to establish the revenue collection duties of the department
of treasury; to prescribe its powers and duties as the revenue collection
agency of this state; to prescribe certain powers and duties of the state
treasurer; to establish the collection duties of certain other state
departments for money or accounts owed to this state; to regulate the
importation, stamping, and disposition of certain tobacco products; to provide
for the transfer of powers and duties now vested in certain other state boards,
commissions, departments, and offices; to prescribe certain duties of and
require certain reports from the department of treasury; to provide procedures
for the payment, administration, audit, assessment, levy of interests or
penalties on, and appeals of taxes and tax liability; to prescribe its powers
and duties if an agreement to act as agent for a city to administer, collect,
and enforce the city income tax act on behalf of a city is entered into with
any city; to provide an appropriation; to abolish the state board of tax
administration; to prescribe penalties and provide remedies; and to declare the
effect of this act,” (MCL 205.1 to 205.31) by adding section 4a.
The bill was read a first and
second time by title and referred to the Committee on Finance.
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending section 78q (MCL 211.78q),
as amended by 2016 PA 518.
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 Finance.
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 7104 (MCL 333.7104), as
amended by 2001 PA 233.
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 1978 PA 368,
entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as
amended by 2018 PA 101.
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.
Statements
The motion prevailed.
Senator
Hertel’s statement is as follows:
On my desk today I have a blueback for your
co-sponsorship. This bill forces us to confront the difficult truth of the
sexual assault epidemic we are facing in Michigan.
Every 92 seconds, an American is sexually
assaulted. One-fourth of college women and one out of every 20 college men will
be a survivor of sexual assault while they are on our college campuses. Last
year, the Senate Appropriations Higher Education Subcommittee heard from nearly
every Title IX coordinator at our state universities. Each of them said that
children are not prepared to go and experience the college experience. The No.
1 thing they’re not prepared for is education about consent and that it’s at
the heart of solving our cultural issues on sexual assault.
College students are most likely to experience
sexual assault within their first six months on campus. Women ages 16 to 19 are
four times more likely than the general population to experience sexual
assault, rape, or attempted rape. In my work over the past five years on this
issue, I have worked with countless experts, advocates, and survivors, and
every single one of them has agreed that a change will only begin with a change
in our education system.
What we need to be teaching is an early
introduction to consent. This bill would require the Department of Health and
Human Services to consult with the Department of Education to develop
age-appropriate curriculum to address the importance of affirmative consent.
The bill states the following:
Instruction on consent must include
instruction that teaches pupils that in order for consent to be given to sexual
activity, it must be affirmative and conscious and involve a freely given
agreement to engage in sexual activity.
That it is the responsibility of each
individual involved in the sexual activity to ensure that he or she has the
consent of the other to engage in the sexual activity.
That an individual’s lack of verbal or
physical resistance or submission resulting from the use or threat of force
does not constitute consent.
That an individual’s manner of dress does not
constitute consent.
That an individual’s consent to past sexual
activity does not constitute consent to future sexual activity.
That an individual’s consent to engage in
sexual activity with 1 individual does not constitute consent to engage in
sexual activity with another individual.
That an individual can withdraw consent at any
time during sexual activity.
That an individual cannot consent to sexual
activity if that individual is unable to understand the nature of the activity
or give knowing consent due to certain circumstances, including, but not
limited to, any of the following circumstances:
The individual is incapacitated due to the use
or influence of alcohol or drugs.
The individual is asleep or unconscious.
The individual is underage, as defined or
determined by state law.
This all sounds like common sense, but the
reality on our college campuses shows that common sense is not very common.
Polling shows that both men and women are confused on this issue. Oftentimes we
hear the phrase, “no means no,” but as this bill outlines, so much more than a “no”
can also mean “no.” We need to instill that anything other than a clear,
enthusiastic, verbal “yes” means “no.”
Consent is not only about sex. I teach my
seven-year-old about personal boundaries and that no one can touch him without
his permission. These are simple and age-appropriate examples of how consent
can be brought and talked about at any age.
This should not be a partisan issue.
Preventing sexual assault is important, I believe, to every member of this
chamber, and a change in culture is essential to that. Last session, we passed
bipartisan legislation to hold perpetrators and those who hid perpetrators
accountable. But, we need to change our laws to make sure we have less
perpetrators. We need to change our laws to make sure we have less survivors.
Last session, three Republican Senators—Senators Schuitmaker,
Emmons, and Jones—all co-sponsored this legislation. Senator Schuitmaker called me and asked me to ask all of you to
join me in co-sponsoring this again. Let’s change our culture in Michigan. Let’s
change what’s happening on our college campuses. Let’s end sexual assault and
support consent.
Announcements of Printing and Enrollment
The Secretary announced that the following
House bills were received in the Senate and filed on Thursday, April 11:
House
Bill Nos. 4121 4224 4225
The Secretary announced that the following
bills and resolutions were printed and filed on Thursday, April 11, and
are available on the Michigan Legislature website:
Senate
Bill Nos. 258 259 260 261 262 263 264 265
Senate
Resolution Nos. 32 33
House
Bill Nos. 4447 4448 4449 4450 4451 4452 4453 4454
Committee Reports
The
Committee on Local Government reported
Senate
Bill No. 19, entitled
A bill
to amend 1968 PA 317, entitled “An act relating to the conduct of public
servants in respect to governmental decisions and contracts with public
entities; to provide penalties for the violation of this act; to repeal certain
acts and parts of acts; and to validate certain contracts,” by amending section
3a (MCL
15.323a), as amended by 2011 PA 106.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Dale
W. Zorn
Chairperson
To
Report Out:
Yeas:
Senators Zorn, Johnson, Daley, and Alexander
Nays:
Senator Moss
The
bill was referred to the Committee of the Whole.
The
Committee on Local Government reported
Senate
Bill No. 173, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section
676d (MCL 257.676d), as added by 2014 PA 303.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Dale
W. Zorn
Chairperson
To
Report Out:
Yeas:
Senators Zorn, Johnson, Daley, Alexander and Moss
Nays:
None
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Local Government submitted the following:
Meeting
held on Thursday, April 11, 2019, at 1:30 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Zorn (C), Johnson, Daley, Alexander and Moss
COMMITTEE ATTENDANCE REPORT
The
Committee on Health Policy and Human Services submitted the following:
Meeting
held on Thursday, April 11, 2019, at 1:00 p.m., Room 1100, Binsfeld Office
Building
Present:
Senators VanderWall (C), Bizon,
Johnson, LaSata, MacDonald, Theis,
Brinks, Hertel, Santana and Wojno
COMMITTEE ATTENDANCE REPORT
The
Subcommittee on Justice and Public Safety submitted the following:
Meeting
held on Thursday, April 11, 2019, at 1:30 p.m., Room 1300, Binsfeld Office
Building
Present:
Senators Barrett (C), Runestad and Hollier
COMMITTEE ATTENDANCE REPORT
The
Joint Committee on Administrative Rules submitted the following:
Meeting
held on Thursday, April 11, 2019, at 3:00 p.m., Room 328, House Office Building
Present:
Senators Lucido (C), Theis,
Hollier and Irwin
Excused:
Senator McBroom
COMMITTEE ATTENDANCE REPORT
The
Subcommittee on Agriculture and Rural Development submitted the following:
Meeting
held on Thursday, April 11, 2019, at 3:00 p.m., Room 1300, Binsfeld Office
Building
Present:
Senators Victory (C), Daley and McCann
COMMITTEE ATTENDANCE REPORT
The
Subcommittee on Natural Resources and Environmental Quality submitted the
following:
Meeting
held on Tuesday, April 16, 2019 at 8:30 a.m., Harry T. Gast Appropriations
Room, 3rd Floor, Capitol Building
Present:
Senators Bumstead (C), Outman, Victory and McCann
Excused:
Senator Bayer
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural
Development - Thursday, April 18, 3:00 p.m., Room 1300, Binsfeld Office Building
(517) 373-2768
Capital Outlay -
Wednesday, April 17, 4:00 p.m. or later after committees are given leave by the
House to meet, Room 519, Anderson House Office Building (517) 373-2768
General Government -
Wednesday, April 17, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Justice and Public Safety -
Thursday, April 18, 1:30 p.m., Room 1300, Binsfeld Office Building (517) 373-2768
K-12 and Michigan Department of
Education and Education and Career Readiness -
Thursday, April 18, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-2768
Licensing and Regulatory Affairs
(LARA)/Department of Insurance and Financial Services (DIFS)
- Thursday, April 18, 8:30 a.m., Room 1300, Binsfeld Office Building
(517) 373-2768
Universities and Community
Colleges - Thursday, April 18, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd
Floor, Capitol Building (517) 373-2768
Education and Career Readiness
and K-12 and Michigan Department of Education Appropriations Subcommittee -
Thursday, April 18, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-5314
Finance -
Wednesday, April 17, 12:30 p.m., Room 1200, Binsfeld Office Building (517)
373-5312
Judiciary and Public Safety -
Thursday, April 18, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Transportation and
Infrastructure - Wednesday, April 17, 12:30 p.m., Room 1100, Binsfeld Office Building
(517) 373-5323
Senator
MacGregor moved that the Senate adjourn.
The motion prevailed, the time being 11:45 a.m.
The President pro tempore, Senator Nesbitt, declared the Senate
adjourned until Wednesday, April 17, 2019, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate