STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, June 4, 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—excused 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
Pastor Jerry Weinzierl of Grace Christian Church of Sterling
Heights offered the following invocation:
Lord God, as
we’ve gathered together today, we pause briefly to pray and are reminded of the
words of the psalmist that said this is the day that the Lord has made, let us
decide to rejoice and be gladdened. God, I’m asking that You would give the
members of this institution, having proven that they possess a passion to serve
the citizens that they represent. I ask you to give them wisdom—the wisdom of
Solomon, in the decisions they face—for you have promised in Your word, Your
holy scripture, that if we lack wisdom in any area of life, we simply need to
ask You for it and You’ll not only provide it, but You won’t belittle us for
needing to ask.
I ask You
God that You give them the courage of David, a shepherd boy, who ran at the
giants that he faced and defeated them. For You have promised us through the
words of the apostle Paul that we can do all things, through Christ who gives
us strength for the task. I ask You God that You would give the insight and
foresight of the prophet Elisha, who was able to see a problem before it
occurred and then articulated a solution beyond his natural intellect. God,
beyond everything I know and everything that I’ve learned about You, I’m
convinced that You are a good god. You love these men and women who serve us
with an unconditional love that can only come from You. I pray that out of your
goodness the people serving, the people in this great state of Michigan, have a
life-altering encounter with who You are—an encounter with the living God, an
encounter with the loving God, an encounter with a forgiving God, an encounter
with an empowering God.
God I’m asking that You bring a
spiritual awakening to the state of Michigan—an awakening that transcends the
things that, at times bitterly divide us. An awakening that brings a sense of
unity in the midst of differing opinions. That this state and these leaders
representing our nearly 10 million citizens would be marked by everything that
you want, God. Guide and protect our leaders and bless these that serve in a
special way today. Give them a piece that surpasses all comprehension, for You
are that kind of God.
God bless America and God bless
the great state of Michigan. We pray these things in the name that is above all
names, the name of Jesus. Amen and 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 Senators
Horn and Lauwers be temporarily excused from today’s
session.
The motion prevailed.
Senator McMorrow moved that Senator
Moss be temporarily excused from today’s session.
The motion prevailed.
Senator McMorrow moved that Senator
Chang be excused from this week’s sessions.
The motion prevailed.
The following communication was
received and read:
Office of the Senate Majority Leader
May 28, 2019
Pursuant to
MCL 324.32202, I appoint Rick Snyder to replace Tom Casperson on the Great Lakes Commission.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communication was referred to
the Secretary for record.
Senator Moss entered the Senate
Chamber
The following communications were
received:
Department of State
Administrative Rules
Notices of Filing
January 9, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-091-LR
(Secretary of State Filing #19-01-23) on this date at 3:58 p.m. for the Department of Licensing and Regulatory Affairs
entitled, “Technical Standards for Electric Service.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6), or 48 of 1969 PA 306. Rules adopted under these
sections become effective 7 days after filing with the Secretary of State.
January 9, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-027-LR
(Secretary of State Filing #19-01-24) on this date at 3:58 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Unbundled Network
Element and Local Interconnection Services.”
These rules become effective on
April 19, 2019.
January 9, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-002-LR
(Secretary of State Filing #19-01-25) on this date at 3:58 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Code of Conduct.”
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6), of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 9, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-030-LR
(Secretary of State Filing #19-01-26) on this date at 3:57 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Basic Local Exchange
Service Customer Migration.”
These rules become effective June 17,
2019.
January 10, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-025-LR
(Secretary of State Filing #19-01-27) on this date at 3:57 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Accountancy – General
Rules”.
These rules take effect
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these
sections become effective 7 days after filing with the Secretary of State.
January 10, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-094-LR
(Secretary of State Filing #19-01-28) on this date at 3:57 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Social Work – General
Rules”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 10, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-086-LR
(Secretary of State Filing #19-01-29) on this date at 3:56 p.m. for the Department of Licensing and Regulatory Affairs
entitled, “Massage Therapy – General Rules”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
January 10, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2017-002-LR
(Secretary of State Filing #19-01-30) on this date at 3:56 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Acupuncture– General
Rules”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section MCL 24.233, 24.244, or 24.245a(6). Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
February 20, 2019
In accordance with the provisions
of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Department of Technology, Management and Budget and the State Office of
Regulatory Reinvention filed Administrative Rule #2019-019-TY (Secretary of
State Filing #19-02-01) on this date at 3:37 p.m. for the Department of
Treasury entitled, “Motor Fuel Tax”.
These rules take effect
immediately upon filing with the Secretary of State unless adopted under sections 33,
44, or 45a(6), of 1969 PA 306, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.
Rules adopted under these sections become effective 7 days after filing with
the Secretary of State.
February 20, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-066-ED
(Secretary of State Filing #19-02-02) on this date at 3:37 p.m. for the
Department of Education entitled, “School Administrator Certification Code”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA
306, MCL 24.233, 24.244, or 24.245a. Rules
adopted under these sections become effective 7 days after filing with the
Secretary of State.
February 20, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-067-ED
(Secretary of State Filing #19-02-03) on this date at 3:37 p.m. for the
Department of Education entitled, “Certification and Licensure of School
Counselors”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA
306, MCL 24.233, 24.244, or 24.245a. Rules
adopted under these sections become effective 7 days after filing with the
Secretary of State.
February 20, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-068-ED
(Secretary of State Filing #19-02-04) on this date at 3:37 p.m. for the
Department of Education entitled, “School Psychologist Certificate Code”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA
306, MCL 24.233, 24.244, or 24.245a. Rules
adopted under these sections become effective 7 days after filing with the
Secretary of State.
February 20, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2018-069-ED
(Secretary of State Filing #19-02-05) on this date at 3:37 p.m. for the
Department of Education entitled, “Teacher Certification Code”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA
306, MCL 24.233, 24.244, or 24.245a. Rules
adopted under these sections become effective 7 days after filing with the
Secretary of State.
March 6, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2019-018-NR
(Secretary of State Filing #19-03-01) on this date at 4:00 p.m. for the
Department of Natural Resources entitled, “Forest and Mineral Resource
Development Fund Program”.
These rules become effective
immediately upon filing with the Secretary of State unless adopted under
section 33, 44, or 45a(6), or 48 of the Administrative Procedures Act of 1969,
1969 PA 306, MCL 24.233, 24.244, or 24.245a.
Rules adopted under these sections become effective 7 days after filing with
the Secretary of State.
April 25, 2019
In accordance with the provisions
of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Office
of Regulatory Reinvention filed an Emergency Rule Extension, Administrative
Rule #2018-071-HS (Secretary of State Filing #19-04-01) on this date at 1:50 p.m.
for the Department of Health and Human Services entitled, “Reporting of
Poisonings Due to the Use of Prescription or Illicit Drugs”.
These rules take effect upon
filing with the Secretary of State and shall remain in effect for 6 months
April 29, 2019
In accordance with the
requirements of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL
24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that
the Office of Regulatory Reinvention filed Administrative Rule #2019-025-LR
(Secretary of State Filing #19-04-02) on this date at 3:59 p.m. for the
Department of Licensing and Regulatory Affairs entitled, “Wage and Hour
Division – General Rules”.
These rules take effect
immediately upon filing with the Secretary of State unless adopted under
section MCL 24.233, 24.244, or 24.245a(6). Rules adopted under these sections
become effective 7 days after filing with the Secretary of State.
Sincerely,
Jocelyn
Benson
Secretary
of State
Robin
L. Houston
Departmental
Supervisor
Office
of the Great Seal
The communications were referred
to the Secretary for record.
The following communication was received:
Department of State Police
May 20, 2019
The FY18 Annual Report and
Evaluation for the Secondary Road Patrol and Traffic Accident Prevention
Program has been finalized and is now accessible on our website at
www.michigan.gov/ohsp.
This report satisfies
the reporting requirements contained in Public Act 416 of 1978, as amended. The
Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the
House Appropriations Committee, Chair of the Senate Appropriations Committee,
each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s
Association of Michigan have all been made aware of the finalized report.
Should you have any questions
about this report, please contact Mr. Spencer Simmons at 517-284-3136.
Sincerely,
Michael
L. Prince, Director,
Office
of Highway Safety Planning
The communication was referred to
the Secretary for record.
The following communication was
received:
Michigan Land Bank Fast Track Authority
May 28, 2019
In accordance with the provisions
of Public Act No. 74 of 2012, I submit this Report of the Land Bank Fast Track
Authority regarding the conveyance of the former Michigan State Fairgrounds.
Jeffrey
M. Huntington
Interim
Director
The communication was referred to
the Secretary for record.
The following communication was
received:
State Officers Compensation
Commission
May 30,
2019
As chair of the State Officers Compensation Commission, I
hereby submit its 2019 report and determinations. Copies of the report are also
being provided to the governor, lieutenant governor, justices, legislative
leaders, attorney general, and secretary of state, in accordance with Public
Act 357 of 1968.
The
commission has unanimously asked that this transmittal emphasize its strong
support of reform to the current constitutional system for setting elected
officers’ pay. The current system, combined with political realities, has
resulted in two decades without a pay increase for these officials. This is
untenable. The attached determination is for modest 5% increases in 2021 and
2022 for justices, who have not received a pay increase since 2002 and will
soon earn less than judges on the Michigan Court of Appeals.
All
commissioners strongly endorse the attached recommendation, urge its adoption
by the legislature, and ask the legislature to consider constitutional reforms
to this process.
Sincerely,
Joseph
Smalley
The
communication was referred to the Secretary for record.
Committee Chairperson
Agriculture Senator
Joe Hune
Appropriations Senator
Dave Hildenbrand
Banking
and Financial Institutions Senator
Darwin Booher
Commerce Senator
Wayne Schmidt
Economic
Development and International Investment Senator
Ken Horn
Education Senator
Phil Pavlov
Elections
and Government Reform Senator
David Robertson
Energy
and Technology Senator
Mike Nofs
Families,
Seniors and Human Services Senator
Judy Emmons
Finance Senator
Jack Brandenburg
Government
Operations Senator
Arlan Meekhof
Health
Policy Senator
Mike Shirkey
Insurance Senator
Joe Hune
Judiciary Senator
Rick Jones
Local
Government Senator
Dale Zorn
Michigan
Competitiveness Senator
Mike Shirkey
Natural
Resources Senator
Tom Casperson
Outdoor
Recreation and Tourism Senator
Goeff Hansen
Oversight Senator
Peter MacGregor
Regulatory
Reform Senator
Tory Rocca
Transportation Senator
Tom Casperson
Veterans,
Military Affairs and Homeland Security Senator
Margaret O’Brien
Messages from the Governor
The
following message from the Governor was received on June 3, 2019, and read:
EXECUTIVE
ORDER
No.
2019-12
Declaration of State of Emergency
Beginning
on May 25, 2019, Tuscola County experienced heavy and damaging rainfall
resulting in widespread flooding, washed out roadways, culvert failures,
hazardous driving conditions, and increased emergency vehicle response times
due to inaccessible roadways and bridges.
Tuscola
County has taken several actions to respond to this incident, which include:
declaring a local state of emergency; activating its disaster response and
recovery operation; issuing emergency public information; and providing aid to
impacted residents. In addition to these efforts, state assistance and other
outside resources are necessary to effectively respond to, and recover from,
the impacts of flooding.
Under
the Emergency Management Act, 1976 PA 390, 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 under the Michigan Constitution of 1963 and Michigan
law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421,
I order the following:
1. A
state of emergency is declared for Tuscola County.
2. The
Emergency Management and Homeland Security Division of the Department of State
Police will coordinate and maximize all state efforts and may call upon all
state departments to utilize available resources to assist in the designated
area under 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 Thursday, June 27, 2019, unless extended as provided
by the Emergency Management Act.
Given
under my hand and the great seal of the State of Michigan,
Date:
June 3, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
Recess
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, Senator Lauwers 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 Lucido 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 with a substitute therefor, the following bill:
Senate Bill No. 294, entitled
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 13h.
Substitute
(S-2)
House Bill No. 4397, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
sections 150, 2105, 2108, 2118, 2120, 3101, 3101a, 3104, 3107, 3111, 3112,
3113, 3114, 3115, 3135, 3142, 3148, 3157, 3163, 3172, 3173a, 3174, 3175, and
3177 (MCL 500.150, 500.2105, 500.2108, 500.2118, 500.2120, 500.3101, 500.3101a,
500.3104, 500.3107, 500.3111, 500.3112, 500.3113, 500.3114, 500.3115, 500.3135,
500.3142, 500.3148, 500.3157, 500.3163, 500.3172, 500.3173a, 500.3174,
500.3175, and 500.3177), section 150 as amended by 1992 PA 182, section 2108 as
amended by 2015 PA 141, sections 2118 and 2120 as amended by 2007 PA 35, section 3101 as amended by 2017 PA
140, section 3101a as amended by 2018 PA 510, section 3104 as amended by
2002 PA 662, section 3107 as amended by 2012 PA 542, section 3113 as amended by
2016 PA 346, section 3114 as amended by 2016 PA 347, section 3135 as
amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, sections
3172, 3173a, 3174, and 3175 as amended by 2012 PA 204, and section 3177 as
amended by 1984 PA 426, and by adding sections 261, 1245, 2116b, 3107c, 3107d,
3107e, 3157a, and 3157b and chapter 63.
Substitute
(S-1)
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator LaSata introduced
A bill to amend 1895 PA 3, entitled “The general law
village act,” by amending section 18 (MCL 69.18), as amended by 1984 PA 179.
The bill was read a first and second time by title and
referred to the Committee on Finance.
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1
service enabling act,” by amending section 413 (MCL 484.1413), as amended by
2008 PA 379; 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 Energy and Technology.
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 40111 (MCL
324.40111), as amended by 2018 PA 272.
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 Government Operations.
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 8512 (MCL 600.8512), as amended by
2014 PA 384.
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 Judiciary and
Public Safety.
A bill to amend 1978 PA 368, entitled “Public health
code,” (MCL 333.1101 to 333.25211) by adding section 17766g.
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 1931 PA 328, entitled “The Michigan
penal code,” by amending section 227 (MCL 750.227), as amended by 1986 PA 8.
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 Government Operations.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” by amending section 11 (MCL 15.241), as amended by 2014 PA
563.
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 Oversight.
A bill to amend 1976 PA 442, entitled “Freedom of
information act,” by amending section 4 (MCL 15.234), as amended by 2018 PA
523.
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 Oversight.
By unanimous consent the Senate
returned to the order of
Resolutions
Senator MacGregor moved that
consideration of the following resolutions be postponed for today:
Senate
Resolution No. 30
Senate
Resolution No. 38
Senate
Resolution No. 49
The motion prevailed.
Senate
Resolution No. 54
Senate
Resolution No. 55
The motion prevailed, a majority of the members serving voting therefor.
Senator Moss offered the following
resolution:
Senate
Resolution No. 54.
A
resolution to A resolution to recognize June 2019 as Lesbian, Gay, Bisexual,
and Transgender (LGBT) Pride Month.
Whereas,
Michigan is a state that is rich in both diversity and community and this
diversity is demonstrated to all who live, work, and visit our state; and
Whereas,
Our state values and celebrates diversity and rich variation of people living
in Michigan; and
Whereas,
Everyone benefits from the multiple talents, viewpoints, and cultural
backgrounds of all of its citizens; and
Whereas, We firmly believe in a society that values the
freedom, worth, and dignity of each human being; and
Whereas,
The people of Michigan understand, appreciate, and value the cultural, civic,
and economic contributions of the LGBT communities to the greater community of
the state; and
Whereas, Communities throughout Michigan will host events
to celebrate the LGBT community throughout the
month of June; and
Whereas,
June is recognized and celebrated as LGBT Pride Month throughout the country
and worldwide; now, therefore, be it
Resolved
by the Senate, That the members of this legislative body recognize June 2019 as
Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month.
Senators
Alexander, Ananich, Bayer, Brinks,
Bullock, Geiss, Hollier, Irwin, McCann, McMorrow, Polehanki and Santana were named co-sponsors of
the resolution.
Senator MacGregor offered the following
resolution:
Senate
Resolution No. 55.
A
resolution to recognize June 12, 2019, as Women Veterans Recognition Day.
Whereas,
Women have proudly served their country throughout all periods of the history
of the United States, whether disguised as male soldiers during the
American Revolution and Civil War, as nurses in World War I, or as combat
helicopter pilots in Afghanistan; and
Whereas,
Women have formally been a part of the United States Armed Forces since the
inception of the Army Nurse Corps in 1901, but have informally served since the
inception of our nation’s military; and
Whereas,
During the American Revolution, women served on the battlefield alongside the
men, mainly as nurses, water bearers, often called “Molly Pitchers,” cooks,
laundresses, and saboteurs. Despite Army regulations that only men could enlist,
women who wanted to join in the fighting circumvented the rules by masquerading
as young men or boys; and
Whereas,
In 1917, the Navy announced it would open enlistment to women. About 12,000
female yeomen entered the Navy and filled a variety of jobs, including
draftsmen, interpreters, couriers, and translators; and
Whereas,
During World War I, 307 women enlisted in the Marine Corps. Like their sisters
in the Navy, they were limited to the enlisted ranks and worked mainly in
Washington, D.C., doing various administrative jobs. Women’s service
contributions in World War I showed that they either had, or could quickly
learn, nontraditional skills needed by the military; and
Whereas,
Following Pearl Harbor, Congress authorized new components for women’s services
that increased the number of active duty positions in the Army and Navy Nurse
Corps. In May 1942, the Army was given the authority to establish the Women’s
Army Auxiliary Corps, also known as the WAACs. The
Navy, Coast Guard, and Marine Corps followed suit, but rather than making women
an auxiliary component, they opted to enroll them in the reserves on the same
basis as their male counterparts, while the Army Air Forces enlisted nearly
1,100 female civilian volunteers who earned their silver wings as Women
Airforce Service Pilots (WASP); and
Whereas,
At the end of World War II in 1945, of the approximately 12 million people
remaining in the Armed Forces, about 280,000 were women; and
Whereas,
With the passage of the Women’s Armed Services Integration Act of 1948, women
became a permanent part of the United States military, but women continued to
be restricted to two percent of the military population. That restriction was
finally lifted in 1967 with the amendment of the Women’s Armed Services Integration
Act, which also opened senior officer ranks to women; and
Whereas,
The early 1990s were a historic time for women in the military with over 40,000
women deploying in support of the Persian Gulf War, making women service
members more visible in the eyes of the public. In addition, the Defense
Authorization Act in 1992 repealed combat exclusion laws that had prevented
women from flying combat aircrafts; and
Whereas,
Women who have served in the United States military are often referred to as “invisible
veterans” because their service contributions, until the 1970s, went largely
unrecognized by politicians, the media, academia, and the general public; and
Whereas,
Even though women have been officially serving in the military since the
creation of the Army Nurse Corps in 1901, they have not always been considered
qualified for veteran status for the purpose of receiving benefits from the
Department of Veterans Affairs. Even after women were granted veteran status,
issues of access, exclusion, and improper management of their health care still
remained; and
Whereas,
It was not until well after World War II that women who served in the military
began to officially be recognized as veterans; and
Whereas,
In the late 1970s and early 1980s, many of the contributions made by women in
World War II were formally recognized through laws that granted these women
with veteran status for their time in service. This opened the doors for women
to take advantage of programs, opportunities, and benefits from the federal and
state governments, the Department of Veterans Affairs, and other veteran
service organizations; and
Whereas,
Over the past 20 years, the Veterans Health Administration (VHA)
has introduced initiatives designed to improve health care access and quality
of care for women veterans; and
Whereas,
In 2008, VHA’s Women Veterans Health Strategic Health
Care Group began a five-year plan to redesign the nation’s health care delivery
system for women. A fundamental component of this plan was to ensure that all
women veterans had access to comprehensive primary care from skilled women’s
health providers; and
Whereas,
The 1980 decennial census marked the first time that information on women
veterans was ever captured in a large national survey. At the time of the 1980
decennial census, women made up just over two percent of the veteran
population. Today, that proportion has increased to almost eight percent; and
Whereas,
There are currently over two million women veterans living in the United States
and Puerto Rico. Of this number, nearly 44,000 make Michigan their home; now,
therefore, be it
Resolved
by the Senate, That members of this legislative body recognize June 12, 2019,
as Women Veterans Recognition Day; and be it further
Resolved,
That we urge all Michiganders to honor women veterans on this momentous
occasion.
Senators Alexander, Barrett, Bayer, Bizon,
Brinks, Bullock, Geiss, Hollier, Irwin, Johnson, LaSata,
Lucido,
McCann, McMorrow, Polehanki, Santana, Theis, VanderWall and Wojno were named co-sponsors of the resolution.
Senator Horn entered the Senate
Chamber.
By unanimous consent the Senate
returned to the order of
Third Reading of Bills
House
Bill No. 4397
The motion prevailed, a majority of the members serving voting therefor.
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 4055
The motion prevailed.
The
following bill was read a third time:
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.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call
No. 123 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—0
Excused—1
Chang
Not
Voting—0
In
The Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to regulate the division of land; to
promote the public health, safety, and general welfare; to further the orderly
layout and use of land; to require that the land be suitable for building sites
and public improvements and that there be adequate drainage of the land; to
provide for proper ingress and egress to lots and parcels; to promote proper
surveying and monumenting of land subdivided and
conveyed by accurate legal descriptions; to provide for the approvals to be
obtained prior to the recording and filing of plats and other land divisions;
to provide for the establishment of special assessment districts and for the
imposition of special assessments to defray the cost of the operation and
maintenance of retention basins for land within a final plat; to establish the
procedure for vacating, correcting, and revising plats; to control residential
building development within floodplain areas; to provide for reserving
easements for utilities in vacated streets and alleys; to provide for the
filing of amended plats; to provide for the making of assessors plats; to
provide penalties for the violation of the provisions of this act; to repeal
certain parts of this act on specific dates; and to repeal acts and parts of
acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
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.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call
No. 124 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—0
Excused—1
Chang
Not
Voting—0
In
The Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to authorize the incorporation of
charter townships; to provide a municipal charter therefor; to prescribe the
powers and functions thereof; and to prescribe penalties and provide remedies,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4397, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending sections 3009, 3109a, 3111, 3116, 3135,
and 3151 (MCL 500.3009, 500.3109a, 500.3111, 500.3116, 500.3135, and 500.3151),
section 3009 as amended by 2016 PA 346, section 3109a as amended by 2012 PA
454, and section 3135 as amended by 2012 PA 158, and by adding sections 2111f,
3107c, and 3107d.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call
No. 125 Yeas—33
Alexander Hertel MacGregor Schmidt
Ananich Hollier McBroom Shirkey
Barrett Horn McCann Stamas
Bayer Johnson Nesbitt Theis
Bizon LaSata Outman VanderWall
Bullock Lauwers Polehanki Victory
Bumstead Lucido Runestad Wojno
Daley MacDonald Santana Zorn
Geiss
Nays—4
Brinks Irwin McMorrow Moss
Excused—1
Chang
Not
Voting—0
In
The Chair: President
Senator
MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify
the laws relating to the insurance and surety business; to regulate the
incorporation or formation of domestic insurance and surety companies and
associations and the admission of foreign and alien companies and associations;
to provide their rights, powers, and immunities and to prescribe the conditions
on which companies and associations organized, existing, or authorized under
this act may exercise their powers; to provide the rights, powers, and
immunities and to prescribe the conditions on which other persons, firms,
corporations, associations, risk retention groups, and purchasing groups
engaged in an insurance or surety business may exercise their powers; to
provide for the imposition of a privilege fee on domestic insurance companies
and associations and the state accident fund; to provide for the imposition of
a tax on the business of foreign and alien companies and associations; to
provide for the imposition of a tax on risk retention groups and purchasing
groups; to provide for the imposition of a tax on the business of surplus line
agents; to provide for the imposition of regulatory fees on certain insurers;
to provide for assessment fees on certain health maintenance organizations; to
modify tort liability arising out of certain accidents; to provide for limited
actions with respect to that modified tort liability and to prescribe certain
procedures for maintaining those actions; to require security for losses
arising out of certain accidents; to provide for the continued availability and
affordability of automobile insurance and homeowners insurance in this state
and to facilitate the purchase of that insurance by all residents of this state
at fair and reasonable rates; to provide for certain reporting with respect to
insurance and with respect to certain claims against uninsured or self-insured
persons; to prescribe duties for certain state departments and officers with
respect to that reporting; to provide for certain assessments; to establish and
continue certain state insurance funds; to modify and clarify the status,
rights, powers, duties, and operations of the nonprofit malpractice insurance
fund; to provide for the departmental supervision and regulation of the
insurance and surety business within this state; to provide for regulation over
worker’s compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an
automobile theft prevention authority to reduce the number of automobile thefts
in this state; to prescribe the powers and duties of the automobile theft
prevention authority; to provide certain powers and duties upon certain officials,
departments, and authorities of this state; to provide for an appropriation; to
repeal acts and parts of acts; and to provide penalties for the violation of
this act,”.
The Senate agreed to the full title.
By
unanimous consent the Senate proceeded to the order of
Statements
Senators
Moss and Ananich asked and were granted unanimous
consent to make statements and moved that the statements be printed in the
Journal.
The
motion prevailed.
Senator
Moss’ statement is as follows:
I have
a resolution that was referred to committee to declare June as LBGT Pride Month
and this morning we had a big press event with the Governor on bills to expand
the Elliot-Larsen Civil Rights Act to include sexual orientation and gender
identity as protected classes from housing and employment discrimination. And
today I can make an economic case for these bills, I can make a moral case for
these bills, and I can make a political case for these bills, but I’m going to
throw away those talking points and keep those newspaper fodder because instead
I really want to have just an intimate conversation with 37 other people here
whom I share this very special opportunity to serve and what it’s like to be
the only gay person here.
Back in 2014 when I was elected to the House, I didn’t
know what to expect. Some of the local political commentators certainly used
the division around Elliot-Larsen as a narrative in their news stories. They
said “here’s a group of legislators leading the charge against these changes.
And here are two gay legislators that are going to be serving together for the
very first time.” And I had reporters ask me how I was even going to be able to
work with the opposing argument of these bills. My answer was pretty simple: I
was just going to be myself.
Harvey
Milk said that just by being out and visible to friends and family and
coworkers and the people where you eat and shop, you can “break down the myths,
destroy the lies and distortions.” So six months into my term when the Supreme
Court struck down our state’s ban on marriage equality, I was my authentic self
and I took to Twitter and I said “Well, now I’m just waiting for my grandma to
call and tell me now there’s no excuse for me to be 29 and unmarried.” I was
surprised when that remark resonated with so many people here, and it actually
made MIRS Quote of the Year. My grandmother got a
kick out of that.
Marriage
equality became the law of the land and the only consequence of that is that
gay people can now get married. And we all moved on and we worked together on
other issues and we fought against each other on other issues. And I didn’t
think about that quip until four years later, just last December, walking into
House session on what would eventually be that very final long day of lame-duck.
And I walked into the House beside a colleague on the other side of the aisle
whose term was coming to an end and I had known for four years and he said “Jeremy,
did you end up getting married?” and I said I hadn’t. He said “I remember that
your grandmother would have wanted that. And I do too. You deserve happiness.”
I had
never had a conversation with him on LGBT rights before. I never advocated for
him to sign on to anything. Quite honestly I was surprised and really touched
that he thought to say that to me. So Harvey Milk was right. Coming out is the
most political thing you can do. So today I have a resolution to declare June
as Pride Month and a bill for co-sponsorship to expand the Elliot-Larsen Civil
Rights Act. Some of you have known me for four-and-a-half years. And when I’m
term limited here, if I get fired for being gay or turned away from public
accommodations—and this is something that happens to Michiganders in 2019—I
just ask you to give me some place to report it. Give me a tool to go to law
enforcement to tell them I’ve been discriminated against and then let due
process play out. The only consequence of this bill is that gay and transgender
people will no longer be able to be fired or denied housing solely because they
are gay or transgender. We can make it happen and then we can move on. So my
ask of you this Pride Month is to add your name to a cosponsor for our Senate
Bill No. 351 and to help us move forward Senate Resolution No. 54 to
declare June as LGBT Pride Month.
Senator
Ananich’s statement is as follows:
I
wanted to make sure that everyone here today knows that we had a first on
Sunday—the first time a sitting member has given birth in this chamber. It wasn’t
in the chamber that she gave birth, but the first time we’ve had a member who
gave birth. On Sunday, June 2, Senator Stephanie Chang and her husband Sean had
a very healthy baby girl named Vera Lily Gray Chang. If we could all remotely
welcome her to this world, I think she and her family would greatly appreciate
it.
By
unanimous consent the Senate returned to the order of
Motions and Communications
The
following communication was received and read:
Michigan
Legislature
June 3,
2019
Pursuant
to MCL 600.1082, Speaker Lee Chatfield and I are making the following appointment
and reappointments to the State Drug Treatment Court Advisory Committee:
Alma
Valenzuela of Zeeland to advocate for the rights of crime victims for a
four-year term that begins June 14, 2019 and expires June 13, 2023;
The
Honorable Amy Ronayne Krause, to represent domestic
violence service provider programs that receive funding from the state domestic
violence prevention and treatment board for a four-year term that begins June
14, 2019 and expires June 13, 2023;
The
Honorable Susan Dobrich to represent the Michigan Association of Drug Court
Professionals for a four-year term that begins June 14, 2019 and expires June
13, 2023;
Christine
Nicholas, LMSW of Rochester Hills to represent an
individual representing a substance abuse coordinating agency for a four-year
term that begins June 14, 2019 and expires June 13, 2023; and
Heidi
Cannon of Onstead to represent a probation officer
who has worked at least two years for a drug or alcohol treatment court for a
four-year term that begins August 5, 2019 and expires August 4, 2023.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
Lee
Chatfield
107th
House District
Speaker
of the House
The
communication was referred to the Secretary for record.
Agriculture - Thursday, June 6, 8:30 a.m.,
Room 1200, Binsfeld Office Building (517) 373-5314
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, June 6, 12:00 noon, Room 1200, Binsfeld Office Building (517)
373-5314
Families, Seniors, and Veterans - Wednesday, June 5, 3:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5314
Health Policy and Human Services - Thursday, June 6, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517) 373-5323
Local Government - Thursday, June 6, 1:30 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5312
Transportation and
Infrastructure - Wednesday, June 5, 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 11:21 a.m.
The President, Lieutenant Governor Gilchrist, declared
the Senate adjourned until Wednesday, June 5, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate