STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, May 21, 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—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—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—excused
Senator Ken Horn of the 32nd District
offered the following invocation:
Dear Lord, without You this world
is too much for any one of us to handle alone. Our minds leap from problem, to
problem, to problem, tangling our thoughts into anxious knots. When we think
like this, Lord, leaving You out of our lives, our minds become darkened. Though
You always yearn to help, You never violate our freedom. You stand silently in
the background, in the background of our minds, waiting for us to
remember—remember that You are within us. We turn from our problems to Your
presence and our load is immediately lightened.
So Lord, on occasion, as we
ponder the question, as some of us did last week–are miracles real? Are you
giving us physical signs? I can say this: after what You’ve shown me
personally, Lord, yes. Heaven is real. Really real. We are all connected to
heaven. We are all connected to each other. We ask You to shine Your word
through us, that we may light the path for one another.
So, in the name of the Father,
the Son, and the Holy Spirit. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s
session.
The motion prevailed.
Senator MacGregor moved that Senator
Nesbitt be excused from today’s session.
The motion prevailed.
Senator Chang moved that Senators Ananich and Hollier be temporarily excused
from today’s session.
The motion prevailed.
The following communications were
received and read:
Office of the Auditor General
May 15, 2019
Enclosed is a copy of the following
report:
• Financial
audit report on the Transition in the Office of State Treasurer, Department of
Treasury (271‑0256-19).
May 16, 2019
Enclosed is a copy of the following
report:
• Performance
audit report on Selected Activities of the Bureau of Local Government Services,
Department of Treasury (271-0290-16).
Sincerely,
Doug
Ringler
Auditor
General
The audit reports were referred
to the Committee on Oversight.
Messages from the Governor
The following messages from the
Governor were received and read:
May 17, 2019
I respectfully submit to the
Senate the following appointment to office pursuant to Act 469 of 2016, MCL
399.833:
Michigan
Historical Commission
Mr. Brian J. Egen
of 720 O’Brien Street, Monroe, Michigan 48161, county of Monroe, reappointed
for a term commencing May 22, 2019 and expiring May 21, 2023.
May 17, 2019
I respectfully submit to the
Senate the following appointment to office pursuant to Act 300 of 1980, MCL
38.1322:
Michigan
Public School Employees Retirement System Board
Mr. Timothy A. Raymer of 4144
Bulrush Drive, N.W., Grand Rapids, Michigan 49534, county of Kent, reappointed
to represent a member who retired from a finance or operations management
position and a member of the largest organization of retirees for a term
expiring March 30, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
Senator MacGregor moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time
being 10:06 a.m.
The Senate was called to order by
the President, Lieutenant Governor Gilchrist.
During the recess, Senators Ananich, Hollier and Shirkey
entered the Senate Chamber.
By unanimous consent the Senate
proceeded to the order of
General Orders
The motion
prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator
Bizon 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:
House Bill No. 4066, entitled
A bill to amend 1941 PA 207,
entitled “Fire prevention code,” (MCL 29.1 to 29.33) by adding section 3d.
A bill to amend 1972 PA 230,
entitled “Stille-DeRossett-Hale
single state construction code act,” (MCL 125.1501 to 125.1531) by adding
section 4h.
The bills were placed on the order of
Third Reading of Bills.
Senate Bill No. 184, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending sections 17905 and 17906 (MCL
333.17905 and 333.17906), as amended by 2015 PA 166.
Substitute (S-1)
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senators Alexander, Moss, Polehanki, Geiss, Wojno, Irwin,
McMorrow, Hertel, Brinks, Hollier, McCann, Bayer, Bullock, Santana, Ananich and Chang introduced
A bill to amend 1976 PA 453, entitled “Elliott-Larsen
civil rights act,” (MCL 37.2101 to 37.2804) by adding section 202b.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Chang, Moss, Polehanki,
Alexander, Geiss, Wojno, Irwin, McMorrow, Hertel,
Brinks, Hollier, McCann, Bayer, Bullock, Santana and Ananich
introduced
A bill to amend 1976 PA 453,
entitled “Elliott-Larsen civil rights act,” by amending section 801 (MCL
37.2801).
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Geiss, Moss, Polehanki,
Alexander, Wojno, Irwin, McMorrow, Hertel, Brinks,
Hollier, McCann, Bayer, Bullock, Santana, Ananich and
Chang introduced
A bill to amend 1978 PA 390, entitled “An act to
regulate the time and manner of payment of wages and fringe benefits to
employees; to prescribe rights and responsibilities of employers and employees,
and the powers and duties of the department of labor;
to require keeping of records; to provide for settlement of disputes regarding
wages and fringe benefits; to prohibit certain practices by employers; to
prescribe penalties and remedies; and to repeal certain acts and parts of acts,”
by amending section 13a (MCL 408.483a), as added by 1982 PA 524.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Brinks, Moss, Polehanki,
Alexander, Geiss, Wojno, Irwin, McMorrow, Hertel,
Hollier, McCann, Bayer, Bullock, Santana, Ananich and
Chang introduced
A bill to amend 2018 PA 337, entitled “Improved
workforce opportunity wage act,” by amending sections 9 and 13 (MCL
408.939 and 408.943).
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Irwin, Moss, Polehanki,
Alexander, Geiss, Wojno, McMorrow, Hertel, Brinks,
Hollier, McCann, Bayer, Bullock, Santana, Ananich and
Chang introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending section 556 (MCL 750.556).
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Santana, Moss, Polehanki,
Alexander, Geiss, Wojno, Irwin, McMorrow, Hertel,
Brinks, Hollier, Bayer, McCann, Bullock, Ananich and
Chang introduced
A bill to amend 1976 PA 453, entitled “Elliott-Larsen
civil rights act,” by amending section 602 (MCL 37.2602), as amended by 1992 PA
258, and by adding section 202b.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators McMorrow, Moss, Polehanki,
Alexander, Geiss, Wojno, Irwin, Hertel, Brinks,
Hollier, McCann, Bayer, Bullock, Santana, Ananich and
Chang introduced
A bill to amend 1978 PA 397, entitled “Bullard-Plawecki
employee right to know act,” (MCL 423.501 to 423.512) by amending the title and
by adding section 9a.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Hertel, Moss, Polehanki,
Alexander, Geiss, Wojno, Irwin, McMorrow, Brinks,
Hollier, McCann, Bayer, Bullock, Santana, Ananich and
Chang introduced
A bill to amend 1976 PA 453, entitled “Elliott-Larsen
civil rights act,” by amending section 202 (MCL 37.2202), as amended by 2009 PA
190.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Ananich,
Moss, Polehanki, Alexander, Geiss, Wojno, Irwin, McMorrow, Hertel, Brinks, Hollier, McCann,
Bayer, Bullock, Santana and Chang introduced
A bill to amend 1978 PA 609, entitled “Full employment
planning act of 1978,” by amending section 3 (MCL 408.903), as amended by 1981
PA 131.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Polehanki,
Moss, Alexander, Wojno, Geiss, Irwin, McMorrow,
Hertel, Brinks, Hollier, McCann, Bayer, Bullock, Santana, Ananich
and Chang introduced
A bill to create a program to encourage and recognize
employers that make progress in addressing pay inequality between men and women
who perform comparable work; and to provide for the powers and duties of
certain governmental officers and entities.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
Senators Bayer, Moss, Polehanki,
Alexander, Wojno, Geiss, Irwin, McMorrow, Hertel,
Brinks, Hollier, McCann, Bullock, Santana, Ananich
and Chang introduced
A bill to amend 1976 PA 453, entitled “Elliott-Larsen
civil rights act,” by amending section 209 (MCL 37.2209) and by adding section
209a.
The bill was read a first and second time by title and referred
to the Committee on Government Operations.
Senators Hollier, Moss, Polehanki,
Alexander, Wojno, Geiss, Irwin, McMorrow, Hertel,
Brinks, McCann, Bayer, Bullock, Santana, Ananich and
Chang introduced
A bill to amend 1978 PA 390, entitled “An act to
regulate the time and manner of payment of wages and fringe benefits to
employees; to prescribe rights and responsibilities of employers and employees,
and the powers and duties of the department of labor;
to require keeping of records; to provide for settlement of disputes regarding
wages and fringe benefits; to prohibit certain practices by employers; to
prescribe penalties and remedies; and to repeal certain acts and parts of acts,”
by amending section 7 (MCL 408.477), as amended by 2015 PA 15.
The bill was read a first and second time by title and
referred to the Committee on Government Operations.
A bill to create a committee on Michigan’s mining
future; to provide for the powers and duties of certain governmental officers
and agencies; and to repeal acts and parts of acts.
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 Natural Resources.
Statements
The motion prevailed.
Senator McMorrow’s statement is as
follows:
I’ve got a special introduction
to make today. It’s a little bit unorthodox, but I’d like you to join me in a
special virtual introduction. My grandmother, Marilyn McMorrow, has joined us
watching every single session since we convened in January and every single committee.
She lives on Long Island, New York and she tunes in every single day. She has
opinions about what everybody’s wearing and what we’re working on, she’s
learned a lot about resolutions and bills, she calls me once per week just to
check in and give me some tips about how I could improve and what’s going on.
She wanted you to know that she’s very excited that the answer the other week
on Double Jeopardy was “quorum,” which she learned thanks to watching all of
our committees, and she also wanted you to know that whenever we have guest
visitors and we clap for them, she claps too; so when you’ve got guests, you’ve
got somebody clapping along with you from Long Island, New York. She probably
knows more about what’s happening in the Michigan Senate than anybody else. I’d
like you to virtually welcome my grandmother, Marilyn McMorrow, and my uncle
John.
Announcements of Printing and Enrollment
The
Secretary announced that the following House bill was received in the Senate
and filed on Thursday, May 16:
House Bill No. 4227
The Secretary announced that the following bills and
resolutions were printed and filed on Thursday, May 16 and are available
on the Michigan Legislature website:
Senate Bill Nos. 322 323 324 325 326 327
Senate Resolution Nos. 50 51
House Bill Nos. 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611
Committee Reports
The Committee on Health Policy
and Human Services reported
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, p. 472.)
With the recommendation that the
concurrent resolution be adopted.
Curtis
S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks,
Hertel, Santana and Wojno
Nays: None
The concurrent resolution was placed on
the order of Resolutions.
The Committee on Health Policy
and Human Services reported
House Bill No. 4225, entitled
A bill to amend 1978 PA 368, entitled “Public health code,”
by amending section 7303a (MCL 333.7303a), as amended by 2018 PA 101.
With the recommendation that the substitute
(S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks,
Hertel, Santana and Wojno
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy
and Human Services submitted the following:
Meeting held on Thursday, May 16, 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
The Committee on Local Government
reported
House Bill No. 4055, entitled
A bill to amend 1967 PA 288, entitled “Land division act,”
by amending section 109 (MCL 560.109), as amended by 2017 PA 196.
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, Alexander
and Moss
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Local Government
reported
House Bill No. 4119, entitled
A bill to amend 1947 PA 359, entitled “The charter township
act,” by amending section 13a (MCL 42.13a), as amended by 2012 PA 191.
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, 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, May 16, 2019,
at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Johnson,
Alexander and Moss
Excused: Senator Daley
Advice and Consent - Thursday, May 23, 12:00 noon,
Room 1300, Binsfeld Office Building (517) 373‑5312
Appropriations - Wednesday, May 22, 2:00 p.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Criminal Justice Policy Commission - Wednesday, June 5, 9:00 a.m.,
Room 5900, Binsfeld Office Building (517) 373-0212
Economic and Small Business Development
-
Thursday, May 23, 12:00 noon, Room 1200, Binsfeld Office Building (517)
373-5314
Elections - Wednesday, May 22, 1:45 p.m.,
Room 1300, Binsfeld Office Building (517) 373-5323
Families, Seniors, and Veterans - Wednesday, May 22, 3:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5314
Finance - Wednesday, May 22, 12:30 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5312
Health Policy and Human Services - Thursday, May 23, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517) 373-5323
Natural Resources - Wednesday, May 22, 8:30 a.m.,
Room 1300, Binsfeld Office Building
Remote
Access: Baraga County 97th District Courtroom, 16 N. 3rd Street, L’Anse; and
Michigan Works!, 1498 O’Dovero Drive, Marquette (517)
373-5312
Transportation and Infrastructure - Wednesday, May 22, 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 11:26 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, May 22, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate